IMAGINE that you're a 20-year- old University student -- this should be a relatively easy exercise for many of you. You've got the entire world at your feet, a wealth of opportunities which are not afforded to those without a college degree. Now imagine that you're suddenly forced to withdraw from school because you can no longer afford tuition. Suddenly, all of those opportunities you had a split-second ago vanish. If only you were granted in-state tuition, you could afford to stay. But you're not, and here's the clincher: You've lived in Virginia for the past 10 years.
Sadly, this is reality for many students who reside in the Commonwealth. They are the sons and daughters of illegal immigrants, who came to the United States as children with no say in their destinies. And a few Virginia lawmakers are doing all they can to make it difficult for them to enroll in Virginia's public colleges and universities. By not extending in-state tuition to these students, most of them are effectively barred from attending our public institutions of higher education because they cannot afford to. As non-U.S. citizens, they do not qualify for student loans or grants. Chances for them to improve their own situations are starkly limited.
It should not be our lawmakers' prerogative to discriminate against them because of their parents' decisions. Instead, they should focus on helping young illegal immigrants in Virginia to establish legal status. This also means affording them opportunities which will allow them to develop as productive and responsible members of our society.
Comforted by our ubiquitous diversity statements and anti-discrimination clauses, we are often fooled into thinking that discrimination like this no longer exists in the United States. But some Virginia lawmakers have tried unsuccessfully in the past to ban outright the enrollment of illegal immigrants in the Commonwealth's institutions of higher education. Now, they are seeking to keep most illegal immigrants out of our colleges and universities by ensuring that in-state tuition rates are never extended to them. Federal statute backs this discriminatory attitude: states are forbidden to extend higher-education benefits to students who reside here illegally, if the benefits are not extended to all non-U.S. citizens. Any state law that violates this statute would require a successful legal challenge in federal court in order to be upheld.
But why should we extend these benefits to those who have chosen to disregard our immigration laws? Again, young illegal immigrants rarely make the choice to immigrate on their own. More importantly, there is also federal constitutional precedent for affording illegal immigrants educational benefits.
A 1982 Supreme Court case ensured that those residing in the United States are able to attend public primary and secondary schools regardless of their legal statuses. Many of the students who have benefited from that decision are now graduating from our nation's public high schools -- fully capable of excelling in college, but unable to afford to do so. Many of them have taken steps towards naturalization and are awaiting approval, which can take years. Others are unable to afford the application costs which accompany the naturalization process. Returning to their countries of origin, after having made so much educational progress, is hardly a viable option.
At the same time, lawmakers must be sensitive to how a law which extends in-state tuition to illegal immigrants residing in the Commonwealth could impact its general policy on who qualifies for in-state rates. Offering reduced tuition for undocumented residents of the state could legally bind Virginia to extend in-state rates to all out-of-state students, hardly a realistic option.
A compromise worthy of attention has been proposed by state Sen. Emmett W. Hanger Jr., R-Mount Solon which would not extend in-state tuition to illegal immigrants in general, but would make an exception for those who have a history in the Commonwealth. For example, graduating from high school here, belonging to a family that pays taxes and actively seeking legal residency could together form acceptable criteria. According to The Washington Post, this could allow up to a few thousand illegal immigrants who reside in Virginia a chance to attend college here.
For those who worry about illegal immigrants' drain on our state and national resources, it seems counterintuitive to oppose such legislation. In the long-term, allowing these immigrants improved access to higher education is likely to improve their contributions to our society and reduce the burdens they place on it. It will only aid us to help those who are willing and eager to improve their own situations to do so.
Todd Rosenbaum's column appears Thursdays in The Cavalier Daily. He can be reached at trosenbaum@cavalierdaily.com.
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