Transcript In-State Tuition for Undocumented Students

In-State Tuition for
Undocumented
Students
Looking Back and
Moving Forward
MALDEF
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Mission Statement:
– MALDEF is the nation’s leading Latino legal civil rights
organization.
– Often described as the “law firm of the Latino community,”
MALDEF promotes social change through advocacy,
communications, community education, and litigation in
the areas of education, employment, immigrant rights,
and voting rights.
Areas of Practice:
– Immigrants Civil Rights
– Voting Rights and Political Access
– Education
– Employment
Plyler v. Doe
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The United States Supreme Court has ruled
that a child’s immigration status cannot
prevent access to primary and secondary
schools. Plyler v. Doe 457 U.S. 202 (1982)
Texas Dream Act
(HB 1403 2001 -Rep. Noriega/
Sen. Van De Putte)
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Receive In-State Tuition Rate if student applicant:
1) Graduates from a Texas high school or receives a GED
after attending for three consecutive years;
2) Lives with a parent, legal guardian or conservator during
that time;
3) Registers as an entering student in a higher education
institution; and
4) Signs an affidavit stating that they will apply for
permanent residency at the earliest opportunity they are
eligible to do so. Attended and graduated from a Texas
high school for 3 years.
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See Tex. Educ. Code Ann. § 54.052(a)(3) (Vernon
2006).
Amended in 2005 by SB 1528
How it works?
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Applicants use a tax identification
number or school provided number on
the application if the student has no
SSN.
Submit an affidavit of intent.
Submit a paper FAFSA to university
financial aid office.
Adjustment of Status
Possibilities
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Federal immigration law provides other
statutory grounds by which undocumented
immigrants may adjust their status,
including the Violence Against Women’s Act;
asylum, 8 U.S.C. § 1158; and cancellation of
removal, 8 U.S.C. § 1229a to name a few
DREAM Act (prospective)
Comprehensive Immigration Reform
(prospective)
Benefits of HB 1403
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Help lower dropout rates and motivate
those students to attain their full potential
Place Texas in a better position to reap the
benefits of a highly educated workforce in
the event that the students adjust their
immigration status.
Compliance with Elementary and Secondary
Schools Act (formerly NCLB)
Model of Other States
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California
Utah
New York
New Mexico
Kansas
Oklahoma
(modified)
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Illinois
Washington
Nebraska
Connecticut
Maryland
Clarity on
Texas DREAM Act
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Does not have any impact on students
entering on student visas (note SB
1009)
Does not have any implications as to
admission eligibility
Does not provide work eligibility
Attacks on
Texas Dream Act
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Litigation
Legislation
Rule Making
Status of Litigation
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Kansas: Day v. Sebellius, out-of-state plaintiffs
challenged a Kansas in-state tuition law on the
grounds that it was pre-empted by Federal law.
376 F. Supp. 2d 1022 (Kan. July 5, 2005)
Status: Dismissed for lack of standing in 10th Circuit
California: Martinez v. Regents of the University of
California CA Case Number: CO54124
Status: Supreme Court rejected a challenge to AB
540, a California law that allows students who have
attended California high schools for three years and
received their diploma or GED to pay in-state tuition
rates at public colleges and universities.
IRCOT v. Texas
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The Immigration Reform Coalition of Texas
(IRCOT) filed this lawsuit as taxpayers in a
Texas state district court on December 14,
2009, claiming public funds are being used
illegally and in contravention of federal laws.
IRCOT withdrew its challenge to in-state
tuition in May of 2011, but continues to
challenge access to certain financial aid
programs.
Legislation
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SB 1631, HB 464, HB 1238, HB 1387, HB
1857, HB 1927, HB 603, HB 623- attempts
to repeal part or all of HB 1403
HB 22 and HB1553 Required K-12 schools
to report immigration status of students
HB 292 attempted to repeal birthright
citizenship
Rule Making
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Texas Higher Education Coordinating
Board looking into rules on affidavit of
intent reporting
Moving Forward
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DREAM Act (Development, Relief, and
Education for Alien Minors Act)
– Around 755,000 students could ultimately
benefit under the DREAM Act
– Students must have entered the U.S. at
age 15 or younger and must have been
living in the U.S. for at least the five
years before the act’s passage. The bill
benefits students 29 and younger
Resource Organizations
Intercultural Development Research Association
www.idra.org
League of United Latin American Citizens
www.lulac.org
Mexican American Legal Defense and Educational Fund
www.maldef.org
Texas Higher Education Coordinating Board
www.thecb.state.tx.us
Texas Association for Chicanos in Higher Education
www.tache.org
National Immigration Law Center
www.nilc.org
MALDEF Contacts
Luis Figueroa
Legislative Staff Attorney
210-224-5476
[email protected]
David Hinojosa
Regional Counsel
210-224-5476
[email protected]