Information about the Effects of Immigration on Georgia

Illegal immigrants get tuition break

Atlanta Journal-Constitution
Richard Whitt - Staff
Wednesday, April 30, 2003

Benevolent interpretations of ambiguous laws are allowing at least 42 illegal immigrants, and perhaps more, to pay in-state tuition at Georgia colleges.

Out-of-state students pay about four times as much as Georgians to attend Georgia colleges. But students who graduate from Georgia high schools may pay in-state tuition, even if they are in the country illegally.

College admissions officials say that's partly because they have no effective way to identify illegal immigrants. But officials at three Georgia colleges --- Dalton State College, Gainesville College and Southern Polytechnic State University --- give a few acknowledged illegal immigrants "presidential waivers" on out-of-state tuition fees.

North Georgia College & State University will soon begin doing so, a spokesman said.

The amounts vary from college to college. At Dalton State, for example, in-state tuition is $666 per semester for a full-time student, compared with $2,664 for out-of-state students.

The Georgia Board of Regents issued a memorandum in September 2000 stating there is no legal barrier to illegal immigrants attending college if they "attend or graduate" from Georgia high schools.

At the time, system officials said students who were in the United States illegally would probably have to pay out-of-state tuition. But "out-of-state tuition serves as a barrier," said James Burran, president of Dalton State. Burran and some other campus presidents soon began granting these students an exemption known as "presidential waivers." Board policy allows school presidents to waive out-of-state tuition for up to 2 percent of full-time enrollment for "superior out-of-state students and/or international students."

Some groups opposed

The policy wasn't written for illegal immigrants, said Dan Papp, senior vice chancellor for academics and fiscal affairs, but the board allows it. "The thinking is, the University System is not in a position of forbidding it," said Papp.

The rule is attracting criticism from some quarters. "It is just ridiculous for this to be happening when there are so few resources available," said Jane Russell, director of Georgians for Immigration Reduction. "I think the limited funds should be for people who are here legally."

David Ray, associate director of the Federation for American Immigration Reform (FAIR), argues the practice "treats [U.S.] citizens from other states as second-class citizens to people who are deportable."

Jose Gonzalez, attorney for the Mexican American Legal Defense and Education Fund, sees it differently. "Obviously, for many immigrant students, tuition cost is a prohibitive factor," he said. "They can't qualify for federal or state aid. They are products of the Georgia education system."

He added that while the families may be in the country illegally, they pay taxes that support the education system. "They pay sales tax and gasoline tax, and many of them get tax ID numbers so they can file their federal income taxes," he said. "Taxes are withheld from their paychecks."

The Board of Regents' policy and laws concerning illegal immigrants in state colleges are quirky and ambiguous.

In 1982, the U.S. Supreme Court ruled that states must provide a free education through high school to children illegally in the country. At the same time, the court held that "like all persons who have entered the United States unlawfully, these children are subject to deportation."

In other words, the federal government may swoop in and remove them, but unless it does, the local community must treat them as any other U.S. citizen.

Federal, state laws conflict

Congress added a new wrinkle in 1996 by making it illegal for states to grant postsecondary education benefits, including in-state tuition, to noncitizens unless the same benefits were given to all U.S. citizens.

This year, the Maryland Legislature voted to grant in-state tuition to illegal immigrants. The General Assembly in Virginia went the other way, voting to bar people in the country illegally from qualifying for in-state tuition.

Four states --- Texas, California, New York and Utah --- allow illegal immigrants to pay in-state college tuition if they have attended high school in the state for at least three years. At least five other states are considering similar legislation.

Legal experts differ on whether these state laws violate the 1996 federal act. Many educators, including the American Association of State Colleges and Universities, support repeal of the 1996 law.

Gainesville College President Martha T. Nesbitt said she has allowed nine students who are illegal immigrants to pay in-state tuition.

"These are students who came to this country as children and went to school here," Nesbitt said. "I just feel that in the long run it's better for society if they get a degree. Hopefully, they can become documented and contribute to society."

At least three other illegal immigrants are paying full tuition, said Tim Buchanan, director of admissions at Gainesville College. These students may be given presidential waivers or scholarships, said Buchanan.

Dalton State College has about 30 such students paying in-state tuition, and Southern Polytechnic has at least three, school officials say.

Focus on residency

At most Georgia schools, illegal immigrants can get in-state tuition because admissions officials focus on residency, not immigration status, when deciding what students should pay.

If these students don't voluntarily reveal their immigration status, college admissions officials say they are barred by the 1982 Supreme Court decision from asking.

"If they put down that they're a U.S. citizen and are a high school graduate in Georgia, that's pretty much it," said Richard Beaubien, director of the international office of entry services at Georgia Perimeter College.

Besides, school administrators say they can't spend their time being immigration police.

"We don't have a law enforcement role," said Arlethia Perry-Johnson, associate vice chancellor to the state Board of Regents. "The fact that they are illegal should not be something for the university systems to manage. If they're residents of the state and are trying to better their lives through education, I think we have a responsibility to provide that opportunity."

Immigration officials estimate there are 228,000 illegal immigrants in Georgia. Thousands of them are children of parents employed by local and national firms in fields and factories, according to the estimates.

"I think there's some thought that, for some of these students, their families have contributed to the state of Georgia in terms of helping build the state," North Georgia College & State University admissions director Robert LaVerriere said. "And through no fault of the students, they are here, and they have been good students. Now they are graduating, and maybe something should be done for them to recognize their achievements."

Mike Crane, Georgia Senate District 51 - http://www.electmikecrane.org

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