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Indiana SB 207 would violate existing federal law!
Now read the federal law!
8 USC § 1623 -
Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
(a) In general
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
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Talking Points against SB 207:
- While we can sympathize with the plight of illegal immigrant students, we cannot fix their problem by passing SB 207 unless we want to violate 8 USC, Section 1623 of the federal immigration law which is printed above.
- The federal law says that illegal immigrants must not get an unfair ($20,000/yr.)tuition advantage over citizens. If illegals receive in-state tuition rates, then every citizen should receive the same.
- The Fiscal Impact Statement on SB 207 says that the impact is "unknown but probably minor." However, the Indianapolis Star estimated there were 300 illegal alien students who would be impacted by an in-state tuition bill. The Senate Education committee heard testimony that it could be as low as 200 or as high as several thousand.
- Indiana University charges an annual tuition rate of roughly $10,000 for in-state students and $30,000 for out-of-state students. That leaves $20,000 which won't be collected if the Indiana General Assembly chooses to help illegal aliens compete against Hoosier graduates.
- 300 illegals x $20,000 = $6 million per year in lost revenues.
- The language in SB207 seems to say that any illegal immigrant who was enrolled in Kindergarten through 12th grade in Indiana as of July, 2011 can take advantage of in-state tuition rates. If this is correct, the loss in revenues will amount to approximately $52 million over 13 years, and this is not just an inconsequential bill targeted to help only a few illegal immigrants.
- SB 207 violates existing federal law by giving illegal immigrants the benefit of lower, in-state tuition rates while denying the same benefit to citizen students from outside Indiana.
- IU charges over $30,000 in annual tuition/fees for out-of-state students while only charging in-state students $10,000. If this law passes, the federal law says that out-of-state students must be eligible for the same benefit offered to the illegals. If SB 207 passes every out-of-state student would be within the law to demand their $20,000 back because SB 207 discriminates against law-abiding citizens.
- There are a fixed number of classroom seats so this bill will foreclose the graduation potential of citizens and legal residents who are turned away.
- Taxpayers should not subsidize the education of illegal immigrants just because the Obama Administration gave some a two-year stay from deportation and a work permit. That was done without congressional authorization and is being challenged in court.
- Until every Hoosier graduate who wants a job has a job, the Indiana General Assembly should not be using taxpayer money to help illegal aliens compete against them. See this previous IFIRE Alert about the impact of illegal immigration on our own graduates.
IMPORTANT LINKS:
Heritage Foundation Report on In-state Tuition:
Indiana University Tuition Rates:
IFIRE Alert on Impact of Illegals on American Graduates:
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