NEW: State Sen. Questions Legality of In-State Tuition Decision
Monday, October 17, 2011
Sen. James Sheehan has written to the U.S. Attorney for the District of Rhode Island questioning the legality of a decision by the Board of Regents for Higher Education to grant in-state college tuition to illegal aliens that graduate from a Rhode Island high school. Sheehan voiced concerns about the potential cost of the policy as well as the authority of the Board – an appointed panel that does not answer to RI’s voters – to implement the policy through regulation instead of consideration by the state legislature.
“This new policy ought to have been decided by the state legislature,” Sheehan said. “Indeed, based on federal law, this may be the actual case. Accordingly, I have requested that U.S. Attorney Peter F. Neronha render a legal opinion on the issue.”
The senator cited a 1996 law (title 8, Section 1621) allowing a state to provide illegal aliens with state or local benefits (for which they would otherwise be ineligible) if the state passes enabling legislation.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTSheehan also referenced the “opportunity cost” of providing illegal aliens the means to attend public universities.
“Extending the privilege of a college education to illegal immigrants at a subsidized in-state rate will deprive many Rhode Island citizens of the very same opportunity,” he said.
Sheehan concluded, “I do not believe it is fair to open a door of the American Dream for unlawful immigrants while, simultaneously, closing the same door on the dream of lawful citizens.”
