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Gifts for all occasions in the Galleria! Add your comments on this week's "What is the Deal?" column at Uncle Hiram's Bulletin Board. June 15, 2003 What is the Deal with Tuition Breaks for Illegals? By Jan A. Larson A recent story on CNN.com indicated that the state of Oregon is set to become yet another of a growing number of states exploiting a loophole in Federal law to allow illegal immigrants to receive in-state tuition rates to attend state supported colleges and universities. Federal law (Title 8, Chapter 14, Sec. 1623) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident." Several other states, including Texas and California have provided in-state tuition rates for illegal immigrants that have graduated from an in-state high school and have lived (illegally) in the state for three years. Since out-of-state tuition rates are often several times that of in-state rates, this is not a trivial matter. It seems ludicrous that someone could sneak across the border in the middle of the night, settle in Texas, California, Oregon or any other state, and receive a taxpayer subsidized education when a legal resident or citizen of any other state cannot get the same benefit. Advocates claim that by providing the opportunity for a college education, many illegal immigrants have a chance to become productive, taxpaying members of society. Advocates also claim that many children, brought illegally into the United States at a young age, through no choice of their own, are now stuck in a legal limbo with no chance of improving their situation. A chance to go to college may allow them to do so. That may be well and good, but it misses the point. The issue is two-fold: Do we reward illegal activity (illegal immigration), thereby encouraging that activity and do we subsidize the results of that activity (reduced rate tuition) at the expense of those (legal immigrants and citizens of other states) that do not break the law? It also misses the point that under current law, an illegal immigrant that receives a subsidized education at in-state tuition rates remains an illegal immigrant, cannot legally work in the United States and is subject to deportation if apprehended. It is patently unfair to taxpaying American citizens to offer illegal inducements to non-citizens to engage in illegal activity and then reward them for it. As for the limbo status of the children illegally brought into the country by their parents is concerned, there is really no solution that would not further encourage illegal immigration. As unfair as it may seem, all illegal immigrants must be deported back to their country of origin. The Federation for American Immigration Reform (FAIR) has made this issue one of their legislative projects. The Friends of Immigration Law Enforcement (FILE) is encouraging any student paying out-of-state tuition at any institution that offers in-state tuition rates to illegal immigrants to petition their respective college or university for a refund on the basis of the aforementioned Title 8 statute. Immigration law in this country is in shambles. Immigration law enforcement is worse. Encouraging more illegal immigration by holding out carrots such as amnesty (a subject for another time) and reduced tuition does nothing to protect the interests of American citizens and only serves to undermine the American ideals of fairness and the rule of law. -- Send feedback to the author. The "What is the Deal?" column will appears weekly on the Pie of Knowledge website. Guest submissions are welcome and encouraged. To submit an article to "What is the Deal?" click here. To subscribe to the "What is the Deal?" mailing list and receive early notification when a new column is available, click here. The Pie of Knowledge will never, ever divulge email addresses to any third party for any reason unless so ordered by a court of law. Contributions to the Pie of Knowledge are greatly appreciated. 
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