NEW: Does In-State Tuition for Illegal Immigrants Run Afoul of Federal Law?
Thursday, February 17, 2011
A 1998 federal law could create problems for the state, if the General Assembly passes a bill that would allow illegal immigrants to attend state colleges at in-state tuition rates.
The law states that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit … without regard to whether the citizen or national is such a resident.”
In other words, if a citizen of California, who is not a Rhode Island resident, could not get in-state tuition rates, then neither should an illegal immigrant.
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The proposed law aims to get around this rule by requiring that an illegal immigrant seeking in-state tuition rates spend at least three years at a Rhode Island high school and graduate. However, such a requirement could face a court challenge.
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