In-state tuition questioned for illegal aliens

In a move to clarify state law, the Virginia House of Delegates overwhelmingly approved a bill to bar individuals who are illegal non-U.S. citizens from receiving in-state tuition rates from Virginia’s colleges and universities.

Delegate Thelma S. Drake’s bill, which passed 88-10, also would strip any student of financial aid or scholarships awarded if a court found that student had committed or assisted in an act of terrorism or treason.

“College is a privilege not a right,” said Drake, a Norfolk Republican. “The taxpayer should not have to pay $1 to benefit people who are not even in the United States legally. This is a country based on law.”

Drake’s bill moved to the Senate last week. If the Senate approves the legislation, it heads to the governor’s desk. The governor can sign the bill, send it back to the lawmakers for revisions or veto the measure.

“I put the bill in at the attorney general’s request,” Drake said. “We wanted to clarify current state law because there was a controversy with the attorney general’s (Republican Jerry Kilgore) interpretation of the law.”

Still, Delegate L. Karen Darner, D-Arlington, called the bill unnecessary.

“Federal law already says that if you are illegally in this country then you can’t get in-state tuition,” Darner said. “I wanted to take a look at this issue next year and do a clean bill.”

After the Sept. 11 terrorist attacks the federal government mandated that all U.S. colleges and universities must supply information to the Immigration and Naturalization Service on new international students. This year’s deadline for colleges to submit information on current international students is Aug. 1. Any school that doesn’t comply with these regulations would be prohibited from admitting foreign students.

Those supporting Drake’s legislation argued that illegal aliens shouldn’t receive a better deal than children of military families.

“We don’t even allow the children of military personnel stationed in the commonwealth of Virginia to get in-state tuition,” said Delegate Jack S. Reid, R-Henrico. “How can we allow illegal aliens to have that benefit?”

The House Education Committee tabled measures proposed by Reid and Darner that would have comprehensively dealt with this issue.

One of Darner’s two bills would allow children of military personnel to receive in-state tuition if their parents worked and paid taxes in Virginia for one year. Her second bill would provide specific criteria for those without an immigration visa to qualify for in-state tuition.

“If you have lived in Virginia for two to five years, graduated from a Virginia high school and are in the process of becoming a legal resident, then you could get in-state tuition,” Darner said. “There are two bills in Congress that do something similar to this.”

On the other hand, Reid’s legislation would mandate colleges or universities to deny acceptance to illegal non-U.S. citizens and dismiss any illegally enrolled in school. Reid’s proposal and Darner’s two pieces of legislation won’t return until the 2004 session.