FOR IMMEDIATE RELEASE
September 1, 2006
CONTACT: Lindsey Mask or Steve Forde
Telephone: (202) 225-4527

Witnesses Assail Controversial U.S. Senate Proposal to Provide In-State Tuition for Illegal Immigrants

Second Panel Testifies on Record Amount of Federal Student Aid for College

 

GREELEY, CO – Witnesses before a field hearing of the U.S. House Education & the Workforce Committee today referred to a U.S. Senate proposal to provide in-state college tuition for illegal immigrants attending public universities across the nation as “misguided” and “shockingly bad policy.”  House Education Committee Member Marilyn Musgrave (R-CO) hosted the hearing, which covered a variety of higher education-related topics.

 

Earlier this year, the U.S. Senate approved an immigration bill, which included a repeal of a 1996 law that prohibits states from providing in-state tuition rates to illegal aliens unless the state also offers the same benefit to all U.S. citizens.  The Senate’s proposed repeal has been a subject of increasing controversy as the House and Senate work to send President Bush border security and enforcement legislation.

 

“The Senate policy is unfair to legal immigrants and out-of-state U.S. citizens who pay the full cost of tuition,” said Musgrave.  “Taxpayers should not have to finance education for illegal aliens.  Offering these incentives simply rewards them for violating our laws.”

 

Committee Chairman Howard P. “Buck” McKeon (R-CA) agreed, noting, “In essence, this would provide a benefit meant for taxpayers – in-state tuition rates – to illegal immigrants, who by definition don’t pay taxes.”

 

Kris Kobach, a professor at the University of Missouri-Kansas City School of Law, is lead counsel in a challenge to a Kansas law that provides in-state tuition rates to illegal aliens and serves as co-counsel in a similar case in California.  Calling it “shockingly bad policy,” he told the Committee that the Senate proposal would send a troubling message.

 

Aliens are sent this message: ‘We encourage you to violate the law.  If you actually obtain a valid visa to study here, we will penalize you by making you pay out-of-state tuition,’” said Kobach.  “This creates a perverse incentive structure in which the states directly reward illegal behavior and significantly undermine federal law.  Imagine if a state enacted a law that rewarded state residents for cheating on their federal income taxes – by giving state tax credits to those who break federal tax laws.  It is a direct financial subsidy to those who violate federal law.”

 

Cory Gardner, a Colorado State Representative, expressed similar sentiments to the panel.  Gardner has been among the state’s leaders in opposition to attempts to provide in-state tuition benefits to illegal immigrants seeking to attend Colorado public universities.

 

“As a matter of state policy, I believe it sends a misguided message to citizens and non-citizens alike that we will allow a taxpayer funded benefit, such as instate tuition, to go to someone who is in violation of our immigration laws,” Gardner noted.  “As a nation, we should not promote policies that encourage illegal immigration and provide disincentives to those patiently working through the proper legal channels.  The cost of education is increasing every day.  It is difficult enough to provide for the educational needs of our own citizens, let alone those who may be in the country illegally.  We must not reward illegal behavior.  Nor should we institute policies that perpetuate it.”

 

A second panel of witnesses provided testimony on the record level of federal aid provided annually to students attending college.  In this year alone, Congress and the President have enacted legislation to: 

  • Reduce excessive federal subsidies for the student loan industry;

  • Maintain current law written by Republicans and Democrats in 2002 and 2003 to establish a low, fixed-rate for student loans, which will provide millions of students greater financial certainty in the years to come;

  • Increase loan limits for students so they can borrow more during their initial – and most critical – years in college;

  • Provide additional grant money so more high-achieving, low- and middle-income high school students can attend college; and

  • Establish a new scholarship program for high-achieving college students studying math, science, and critical foreign languages. 

Theresa Shaw, Chief Operating Officer at the U.S. Department of Education’s Office of Federal Student Aid, discussed the historic levels of federal aid. 

 

“In Fiscal Year 2007, these programs will provide more than $82 billion in financial support to more than 10 million students and their families,” said Shaw.  “I should also note that funding for federal Pell Grants has risen from $8.8 billion in 2001 to a proposed $13 billion for the coming fiscal year.”

 

In addition to record funding for Pell Grants, which are provided to low- and middle-income college students, Shaw also provided details on new grant programs for Pell-eligible students established by Congress this year.

 

“For students who complete a rigorous high school program of study, the Academic Competitiveness Grant, or ACG, Program provides additional funds of up to $750 to students for their first academic year of a degree program and up to $1,300 for their second academic year,” Shaw told the panel.  “This is in addition to Pell Grant money students are already receiving.  The National Science and Mathematics Access to Retain Talent Grant Program, or the SMART Grant, provides up to $4,000 per year in new grant funding to students who are majoring in math, science, technology, computer science, and in certain critical foreign languages.  These programs will help to encourage more students to take rigorous high school courses and to pursue these challenging majors to help ensure our nation’s security and economic competitiveness.”

 

The new programs will provide $790 million in additional student aid for the 2006-2007 academic year and $4.5 billion over the next five years, Shaw said.  Nearly a half million students will be eligible to receive the new aid this year.

 

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