Undocumented immigrants may soon be paying more for college-that is, if the state Legislature decides they should not qualify for in-state tuition. Such a course of action would be unfortunate.
The current state law, which has been on the books since 2002, allows undocumented immigrants to receive in-state tuition if they have attended a Utah high school for at least three years, earned a diploma or equivalent degree in the state and promise to make an effort to rectify their legal status as soon as possible.
According to the National Immigration Law Center (NILC), Utah is one of 10 states that have laws granting in-state tuition rates for undocumented immigrants. These states’ intention is to allow children who were brought to America by their parents an equal opportunity to attend college. Most of these students have spent the majority of their lives in the United States and have attended and graduated from American high schools. However, because their parents chose to bring them to this country clandestinely, they aren’t legal residents.
Without the 2002 law, these students would be paying more than double the rate of their legal American citizen counterparts-an amount many would be unable to afford.
Since 2002, there have been several attempts to repeal this measure. The most recent attack comes from Rep. Glenn Donnelson, R-North Ogden. He argues that the law violates a 1996 federal law. This seems unlikely. Several states have withstood legal challenges to similar laws, and Utah’s attorney general has confirmed its legality. Donellson also argues that he’s trying to reduce illegal immigration. Again, he misses the mark. Repealing this law wouldn’t hurt those who made the decision to immigrate illegally; it would harm those they brought along with them.
Some worry that granting in-state tuition to these students will drain the state’s education coffers. So far, this worry appears unfounded. Only 182 students in the state took advantage of this benefit during the 2004-2005 academic school year-just more than one-tenth of 1 percent of all college students in the state. If lawmakers are really worried about immigrants consuming taxpayer money, they should encourage more illegal immigrants to attend college. Doing so would increase their earning potential and decrease their reliance on social services.
Letting undocumented immigrants pay in-state tuition is not a freebie. It’s likely they-or their parents-have paid state income, property and sales taxes throughout their lives. Granting them this benefit is fair. It improves social equity, reduces dependence on social services and encourages integration.
It’s also the right thing to do.
They may not be citizens of the United States, but they are essentially Utahns. Legislators should remember that.
