Federal law dictates non-resident tuition for undocumented immigrants


I am writing in response to Jay Rogers’ recent article (“Bill could raise tuition for undocumented immigrants,” Jan. 20). Rogers, you need to be better informed!

No one is discouraging legal immigration. However, the United States has every right to expect and demand? that those who migrate here do so according to our laws.

Continuing to put Utah in direct conflict of federal law by giving in-state tuition rates to? those who thumb their nose at our laws only encourages violation of those laws. We are already under threat of lawsuit, amounting to more that $34?million per year, from those students whom we have inappropriately charged resident fees.

This refund, which the? state taxpayers will have to pay, is growing every year as we continue to violate federal code.

In case you need a review of the federal code of which we currently are in?direct violation: Federal Law Title 8, section 1623, states:?

“…(a) 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 post-secondary?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.

(b) Effective date: this section shall apply to benefits provided on or after July 1, 1998….”

If you would like to discuss this issue, please contact me.

Russell SiasPrecinct Chair, Provo