Why illegal immigrants should not receive in-state tuition subsidies - Controversy

[Editor's note: State legislators in Utah and Washington are currently debating the merits of extending in-state tuition rates to illegal immigrants. California legislators, however, recently voted to grant the in-state rate to illegals who want to attend the University of California. They followed the lead of Texas, which instituted a similar policy when George W. Bush was governor. Legislators in these states drafted new laws to circumvent a federal statute that denies students who ore illegal immigrants from getting state benefits that ore unavailable to out-of-state citizens. There are some caveats in California, however: The University of California extends in-state tuition to illegal immigrants, provided they have attended a California high school and are in the process of gaining legal status. These restrictions will make only several hundred illegal immigrants eligible for the lower tuition costs annually.

As for opponents, New York City is bucking the lower-tuition trend. In late 2001, the City University of New York noticed illegal immigrant students that they must pay full fare; tuition will just about double for these 3,000 students in the CUNY system.]

THE COST OF HIGHER EDUCATION IS SOARING OUT of reach of many middle-class families. For a growing segment of the population, a subsidized education at a state university is becoming the only viable option. This reality has made admission to some state universities as challenging as getting into some of the elite private colleges.

Adding to the obstacles faced by middle-class students is a trend among many state university systems to offer admission and subsidized in-state tuition rates to illegal immigrants. In California, for example, where competition for a seat on one of the UC campuses is already cutthroat, the tuition subsidy amounts to about $11,000 a year, per student.

The recent decision by state legislatures to grant illegal immigrants in-state tuition means that some citizens and legal residents will not get one of these coveted slots. To add insult to injury, not only will kids who did not break any laws be denied entry to the campus of their choice; their parents will be forced to subsidize the children of those who did not play by the rules.

Preferential treatment for illegal immigrants in public education is unlawful. In 1996, Congress prohibited payment of in-state tuition to illegal immigrants unless out-of-state students who are U.S. citizens are also offered the lower tuition. These Americans and their parents have a clear right to sue for equal treatment.

Proponents of subsidizing the higher education of illegal aliens argue that kids should not be penalized for the transgressions of their parents who were responsible for having violated immigration laws. What these proponents fail to recognize is that it is the parents, not the state, who are responsible for their children's predicament, and that in shielding these kids from their parents' actions, they are harming other people's children.

A subsidized, high-quality college education may not be the primary reason people come to the United States illegally, but it is certainly a very nice fringe benefit for breaking the law. If people go unpenalized for breaking our immigration laws, and their kids are rewarded with lavish subsidies and a seat at a state university, what incentive is there for anyone to play by the rules?

The editors of this magazine welcome reaction to this reader's opinion, and invite readers to submit other issues of interest for publication. E-mail your submission to editorial@universitybusiness.com.

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