Law would allow immigrants to pay in-state college tuition

This week, groups in Tucson and across the nation held vigils, marches, rallies and press conferences to support federal legislation that would allow long-time resident immigrants to receive green card status to go to college at an in-state price.

The legislation, known as the DREAM Act in the Senate and the Student Adjustment Act in the House of Representatives, would repeal a provision of a 1996 law that requires students to have lawful immigration status in order to qualify for state residency when entering college.

According to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, foreign nationals who are not lawfully residing in the United States cannot get reduced in-state tuition rates unless the college offers that rate to any U.S. citizen, state resident or not.

If the legislation passes, states would be allowed to decide whether to offer in-state tuition rates to the 50,000 to 65,000 immigrant students who graduate nationally from high school every year.

Current UA policy set by the Arizona Board of Regents states: "A non-citizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status."

Other non-citizens may qualify for resident status by meeting all general residency requirements or "having been granted refugee status and meeting all other requirements for domicile," the policy states.

"To deny them the chance to receive higher education · is nothing but hatred," said Richard Ortiz, a high school teacher in the Flowing Wells School district. "They exemplify good citizenship."

Many of the students who would be affected by this legislation were brought to the United States by their parents at a very young age and attended primary and secondary school in the country.

Federal law prohibits public school from inquiring about a student's immigration status, said Estella Zavala, communication specialist for Tucson Unified School District.

TUSD requires families to provide proof of residency in the form of a lease, utility bill, or driver's license, but does not ask for proof of legal residency status, Zavala said.

However, when students without legal residency apply for college they must provide a social security number.

"There is always that little spot where I have to put my social security number, and I just look at it and want to rip it apart," said Jose, an immigrant student who spoke at Wednesday's press conference at the Chicanos por la Causa building. He asked that his last name not be revealed because he is still waiting to receive his green card.

"Next year I might be doing some landscaping job," said the high school senior who came to the United States before he was 10 years old. "I have been educated here. I speak the language. I have friends here."

"He is an American. He just doesn't have the papers to tell him he is," said Lorraine Lee, vice president of Chicanos por la Causa.

The legislation would also expand students' eligibility for relief to adjust their status to that of a legal permanent resident.

To be eligible under the DREAM Act, one must be at least 12 years old at the time the law is enacted, but under 21 when he or she applies for legal status. If applying for college, the student must also have a high school diploma or GED certificate, have resided in the United States for at least five years and cannot have a criminal record.

The DREAM Act, short for the Development, Relief and Education for Alien Minors Act, was introduced by Senators Orrin Hatch (R-Utah) and Richard Durbin (D-Ill.).

The act was approved by the Senate Judiciary Committee in June 2002 during the 107th Congress and is waiting now for reintroduction in the 108th session of Congress.

The Student Adjustment Act was introduced by Representatives Chris Cannon (R-Utah) and Howard Berman (D-Calif.) and had 61 cosponsors at the end of the 107th Congress. The act, which was reintroduced April 9, has a bipartisan list of 62 cosponsors including Ed Pastor of Arizona.

The legislation has drawn the support of many leaders and organizations in the Tucson community, including Congressman Raul Grijalva and Pima County Supervisor Richard Elias. Both lent their support to the legislation at Wednesday's press conference.

The conference also included Chicanos por la Causa, Youth on Their Own, the League of United Latin American Citizens and the Human Rights Coalition along with local teachers and students.

Many supporters believe the legislation would be a good deal for taxpayers. If these people achieve legal residency status and higher education they will make more money, pay more taxes and require fewer social services, according to the Human Rights Coalition.

The press conference was part of a larger National Week of Action for Immigrant Students, according to the Human Rights Coalition.

The week began Saturday with a march of about 400 people to the state capitol in Phoenix in support of the legislation.