In-State Tuition for Illegals Against Federal Law

Since the 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act, signed into law by President Bill Clinton, at least 12 states are in defiance of that law in granting in-state tuition to illegals.

California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah and Washington allow individuals who are in the United States illegally to pay the same in-state tuition rates as legal residents of the state without providing the same rates to others in the country who are here legally. And those states are doing it in direct contravention of federal law.

Section 1623 of the law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State” unless the same in-state rates are offered to all citizens of the United States.

The federal government is doing nothing about these violations, but the Obama Justice Department has brought action against 2 states (Arizona and Alabama) for assisting in the enforcement of federal immigration law.

Granting financial preference to illegal aliens clearly discriminates against Americans from states other than the state in which they are attending schools.

The core issue, though, is the Constitution and the rule of law. And while the United States welcomes immigrants, it is also a country of laws, and there are limits imposed on those who seek citizenship. As mandated by the US Constitution, Congress sets America’s immigration policy and the rights and privileges that immigrants may enjoy.

States cannot casually cast aside those laws where the Constitution enumerates the power to the federal government.

 

***Ed Randazzo, is a nationally syndicated author. He has been a conservative activist and consultant for over 30 years and is currently the Chief News Editor of Life and Liberty Media***