LINCOLN — It's not about the money.
It's not about the value of education or the need for economic development.
And it's not about the youngsters graduating each year from Nebraska high schools.
For State Sen. Charlie Janssen of Fremont, the issue of whether Nebraska should continue letting some illegal immigrant children pay in-state tuition at public colleges and universities boils down to one thing.
“It's illegal,” he said. “It's illegal for us to give benefits to illegal immigrants. It doesn't matter if they came here as infants or if they came here at 16.
“Anyone who argues otherwise just has their head in the sand.”
A federal law prohibits illegal immigrants from getting postsecondary education benefits that aren't extended to U.S. citizens, but the Congressional Research Service says there is disagreement about the meaning of the law.
Janssen plans to introduce a bill in the 2010 legislative session to repeal Nebraska's three-year-old in-state tuition law, which applies to illegal immigrants who graduate from Nebraska high schools after attending them for three years.
The graduates must have lived with their parents while attending high school and must sign an affidavit promising to seek legal residency as soon as they are eligible.
Without the law, such students would have to pay international student tuition, which is three times as high as in-state rates at UNL and higher than the rates for out-of-state students.
The law was passed over Gov. Dave Heineman's veto in 2006 and remains a subject of controversy.
Sen. Kathy Campbell of Lincoln said she supports the law because of the importance of education for young people. She noted that the law does not provide a free education for illegal immigrant children or make them eligible for financial aid.
“If they wish to pay to continue their education, providing in-state tuition is something I'm comfortable with,” Campbell said. “It's good for the future, not only for that young person but the area where they live.”
Sen. Jeremy Nordquist, whose south Omaha district includes many Latino immigrants, said he was undecided on the issue.
Although he doesn't want to give benefits to people living in the United States illegally, he said many of those covered by the law were brought here as infants or young children and have grown up here.
“I have a hard time punishing kids that have little or nothing to do with the fact they are undocumented residents of this country,” Nordquist said. “This is an issue that really tears at me.”
Similar arguments persuaded state senators in 2006 to make Nebraska the nation's 10th state with an in-state tuition law. The other states were: Kansas, Oklahoma, New Mexico, California, Illinois, New York, Washington, Texas and Utah.
Oklahoma has since repealed its law and now explicitly denies in-state tuition to illegal immigrants, as do Arizona, Colorado, Georgia, Mississippi and Virginia.
Whether Nebraska joins Oklahoma in repealing its law remains to be seen. Heineman said Wednesday that he would sign repeal legislation if it made it to his desk.
Sen. Greg Adams of York, the Legislature's Education Committee chairman, put himself in the undecided category. He said he doesn't have practical or philosophical objections to providing in-state tuition to illegal immigrant children but worries that the state might be on shaky legal ground.
There has been no definitive court ruling on whether in-state tuition laws conflict with a federal law prohibiting illegal immigrants from getting postsecondary education benefits not extended to U.S. citizens.
A California appeals court has ruled that the state's law, which is similar to Nebraska's, was in violation. The law remains in effect while the case is on appeal to the California Supreme Court.
Meanwhile, advocates continue pushing for a federal law that would let states decide about granting in-state tuition to illegal immigrant students. Such a law also would give students a path to become legal U.S. residents.
Figures collected by Janssen's office show that Nebraska's law has been used infrequently.
The University of Nebraska had 35 students using the law this fall. Of those, 17 attended the University of Nebraska at Omaha, 15 attended the University of Nebraska at Kearney and three attended the University of Nebraska-Lincoln. The state colleges reported no such students, and the community colleges have not reported yet.
The law does not affect private colleges and universities, which are free to set their own tuition rules.
Janssen's proposal would allow students to finish their degrees at in-state rates if they were already attending college under the provision or if they were high school seniors who had already applied to college and planned to use the provision.
He said he is willing to grandfather in those students in hopes of winning more senators' votes.
Contact the writer:
402-473-9583, martha.stoddard@owh.com
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