Aug. 18

For the Undocumented: To Admit or Not to Admit?

North Carolina’s State Board of Community Colleges punted in the face of political pressure Friday, approving a “comprehensive study” of the issue of enrolling illegal immigrants while continuing its ban on their enrollment in the meantime.

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In a survey earlier this year, the system identified 112 undocumented students enrolled in the system’s 58 community colleges. Yet, despite the small numbers of illegal immigrants apparently enrolled — these students, classified as out-of-staters, paid prohibitively expensive tuition rates five times higher than the rate for legal North Carolina residents – the issue has exploded in this political season.

“It’s bigger than the 112 kids that have been involved,” said Tony Asion, executive director of El Pueblo, a Raleigh-based Latino advocacy organization.

“My sense is that the board is actually trying to not make a decision, and buy some time, waiting for January when the state legislature comes in,” said Asion. “I can just about guarantee that somebody in the General Assembly is going to introduce a bill saying that undocumented students shouldn’t be going to school.”

In most other states, the debate centers on the question of whether or not to extend lower in-state tuition rates to illegal immigrants, with their ability to enroll a given. In June, however, South Carolina became the only state to ban undocumented students from attending public colleges, according to Michael A. Olivas, a law professor at the University of Houston and expert in immigration and higher education law.

‘Political Courage’

The board’s decision to study the issue “was probably a wise move,” Matthew S. Garrett, the retiring president of Central Carolina Community College, said via e-mail.

“The issue is super heated right now by the fact that we have elections in November and every candidate is forced to take a stand. This topic is actually so complicated that it will be better to take time and really study all the implications of the various options. If this study extends beyond Election Day, it will also help to take politics out of the final decision. Hopefully, the final decision will be based upon logic more than emotion.”

The debate has moved far beyond the simple question of legality that prompted the ban on illegal immigrants in the first place: That question, after all, has been answered.

By way of history, in November, the community college system issued a directive requiring that all of its colleges admit undocumented students, superseding a 2004 policy leaving the matter up to individual colleges. Then, in May, a letter from the state attorney general’s office advised a return to an even earlier system policy that barred them from enrolling in college-level courses, suggesting that in the absence of state legislation or clarification from the federal government, a much more restrictive approach “would more likely withstand judicial scrutiny.” The colleges accepted the advice, announcing that they would immediately stop admitting illegal immigrants to degree programs.

U.S. Immigrations and Customs Enforcement has since offered the federal clarification sought, and in fact undermined the state-level legal advice that was the basis for the ban, stating in a July 9 letter that “individual states must decide for themselves whether or not to admit illegal aliens into their public post-secondary institutions. States may bar or admit illegal aliens from enrolling in public post-secondary institutions either as a matter of policy or through legislation. Please note, however, that any state policy or legislation on this issue must use federal immigration status standards to identify which applicants are illegal aliens.”

Now, with that cleared up, the state community college board voted Friday to maintain the restrictions while it hires an independent consultant to study issues surrounding these students’ admission, including practices in other states, processes for differentiating citizens from illegal immigrants, and conditions under which undocumented students are admitted.

“It just seems to me that at every turn they’ve made the wrong decision,” said Olivas. “They’re letting the thing fester.”

“They’re dithering about this in public, issuing press releases, just showing how inadequate they are to the task.”

“Where’s the political courage?”

In Search of Something Definitive

At this point, however, with the wound having festered to the point of infection, several North Carolina community college leaders agreed with Central Carolina’s Garrett that taking a step back and studying the issue might be the prudent course.

“I think that the board is exercising good fiduciary and policy thinking at this point in time by not being rushed into a decision,” said Stephen Scott, president of the North Carolina Association of Community College Presidents and the leader at Wake Technical Community College.

Still, the board’s direction differs somewhat from that proposed earlier this month by the presidents’ association — which not only reaffirmed the system’s “open door” admission philosophy, but also pointed out that a policy allowing for the admission of undocumented students already exists in the state (in the university system). “The undocumented immigrant admissions policy for the North Carolina Community College System should mirror the current admissions policy of the University of North Carolina campuses,” the association said in an August 1 statement.

Since 2004, the state’s university system has had a set of guidelines allowing for the admission of qualified undocumented students, with certain limitations. Among them: that they pay out-of-state tuition, for one, and that they graduated from a U.S. high school. In addition, “When considering whether or not to admit an undocumented alien into a specific program of study, constituent institutions should take into account that federal law prohibits the states from granting professional licenses to undocumented aliens.”

“In all candor, what we want is just a rule,” Scott said. “I believe Scott Ralls [the system president] is quoted as saying in the last eight years, the rules involved have changed five times.” (Ralls made a statement to that effect in addressing the state board on Thursday.)

“I feel like the proverbial ping-pong ball going back and forth and I’m sure the students feel worse. We would like to get something definitive for our students and go on with the business of education.”

The North Carolina Community College Faculty Association polled its members on the issue in May, said Ann Russell, the association’s president and the dean of distance and evening programs (and English instructor) at Bladen Community College. “Overwhelmingly, faculty felt that we teach the students who come to us and always have.”

Given the emotional and political volatility, “I am grateful to hear that the State Board will do a study,” Russell said.

“We’re very pleased that the State Board made this decision to try to address it in a whole fashion, instead of piecemeal.”

— Elizabeth Redden

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Comments

Lack of creativity in NC decision

This is a very short-sighted view of what could be a great boon to NC. These folks are here, seeking an education, and will be here whether they are admitted or not admitted to these community colleges or universities. Why not create a path to citizenship program in the state, tied to degree completion. NC would then increase its educated workforce while getting undocumented people ready for legal work and tax-paying citizen status.

TG, at 8:45 am EDT on August 18, 2008

“I’m against allowing illegal immigrants who can never work legally in North Carolina to attend community colleges in North Carolina...”

That’s the most logical statement I’ve ever heard about this issue. She’s obviously from outside of academia.

I figure we should let the illegals enroll. It’ll keep us employed. But they should certainly be charged out-of-district tuition.

MrMojo, at 8:45 am EDT on August 18, 2008

Why undocumented?

Admitting undocumented people to a public school seems to depend on whether the numbers are high or low. Instead of 112, what about 1112, or 11, 112? The concept of magnet argues that once a favorable policy is created for one, more likely than not, that policy will have to stand for an infinite number.

Admitting undocumented people in this age of “homeland security,” is clearly risky business. Isn’t this laxity why so many undocumented people were admitted to flight schools years ago?

In state residency is based on more than living in the state—it’s a benefit given to residents who’ve paid taxes, who are citizens or at least here with permission.

A college age student can declare independence from parents and begin the process of documenting his or her presence in this country. What’s so unfair about that?

macktan, at 10:00 am EDT on August 18, 2008

The Issue

I am an administrator of a community college in NC and have been following this issue closely (for obvious reasons). The situation is not as clear cut as it may appear. On the one hand are the folks who would permit undocumented aliens to pursue their education while receiving no federal or state benefits and while paying out-of-state tuition. These folks remind us all that if North Carolina does not find thousands of new workers to fill the jobs that will remain vacant otherwise by 2012, the state is projected to find itself in significant economic turmoil. Obviously a process for allowing these workers to achieve citizenship would need to be provided.

On the other hand are those who are against allowing undocumenteds access to the Community College System altogether. They simply ask, “What part of ‘illegal’ don’t you understand?”

As a nation, we are going to need to forge some type of compromise. The fact is, we need many of these workers. But we need only the ones who are willing and capable of gaining legal status.

One significant problem is that the process leading to citizenship is so arcane and difficult to navigate that the opportunity becomes a pipe dream for many who don’t have the money to hire an attorney and other support.

TS, at 10:45 am EDT on August 18, 2008

Inconvenient fact

” .. But we need only the ones who are willing and capable of gaining legal status.”

The greatest strain has been from the estimated 50% of illegal immigrants who cannot read their native language at the adult level.

As a result, interpreters (costing up $60+/hour) have to be brought in. Contrary to popular belief, there is not an unlimited amount of money for interpreters.

Nothing positive can be accomplished when this much chaos exists in a system. There is not a country in the world that can tolerate this much functional illiteracy, no matter what the slimy home contractor/restaurant owner crowd says.

For those who say “comprehensive immigration reform” — lead with your resources first, your lands, your jobs, your money. We’ll be right behind you.

Frank, at 11:00 am EDT on August 18, 2008

Elizabeth Redden writes: “illegal immigrants... paid prohibitively expensive tuition rates five times higher than the rate for legal North Carolina residents".

That rate is the same rate that U.S. citizens from out of state would pay, so apparently Elizabeth Redden thinks citizens of other countries who are here illegally should get a better deal than our own fellow citizens. And, that’s horrible public policy that completely undermines the entire concept of citizenship.

The only logical solution is to encourage those illegal aliens to return home and discourage others from coming here illegally.

24AheadDotCom, at 11:26 am EDT on August 18, 2008

International Students

Why don’t we simply treat these students as what they are—international? Let’s let the State Dept. to do their bit, get these folks student visas, charge them the same tuition as a British national, and help troubleshoot the loan issue?

I agree that a path to citizenship would be wonderful, provided we’re not offering to educate the world’s youth at local, taxpaying rates and throw in American citizenship to boot. I’m certain reasonable legislation on terms of citizenship relative to education level could gain bipartisan agreement as part of a larger, practical effort at knowing more accurately who is living within US borders, but that is an entirely different issue.

Andy, at 1:15 pm EDT on August 18, 2008

Point of order

” .. Why don’t we simply treat these students as what they are — international?”

I’ve worked with international students. Most, if not all, have gone through an enormous effort to get to the U.S., including financial guarantees.

To allow others to unfairly “jump the line” goes to the heart of this problem. More than 1,000,000+ persons are patiently waiting, in the U.S. and overseas, to legally enter the U.S. What about their rights?

Or should we just declare this yet one more bureaucratic farce and have open-border anarchy? And law by the gun?

Frank, at 1:40 pm EDT on August 18, 2008

Education is a human right

Some of the list of comments on this thread reads like a Minuteman blog.

As a teacher and supporter of the idea of education as a human right, itsembarrassing to see all the pathogenic nativism on such an enlightened site.

Its clear that these students are motivated to learn and improve their lives and society as a whole.

You should refrain from your armchair politicking on an issue that is a matter of life and death for others.

students first, at 2:30 pm EDT on August 18, 2008

Everyone assumes that an American higher education is the only option. Mexico, for example, has wonderful universities, some of them world-class, where hundreds of thousands of Mexican students study and learn. Why should American tax dollars pay for college tuitions for illegal aliens who aren’t even eligible to work in this country once they graduate.

Meredith S, Meredith, at 5:20 pm EDT on August 18, 2008

Rule of law is a human right

Some of the list of comments on this thread reads like a pro-Hugo Chavez blog.

As a teacher and supporter of rule of law as a human right, it is embarrassing to see all the pathogenic socialism on such an enlightened site.

It is clear that, unfortunately, these students have broken U.S. immigration laws. This leads to open-border anarchy, if allowed to continue uncorrected.

You should refrain from your armchair politicking on an issue that is a matter of life and death for others.

Larry L., at 6:15 pm EDT on August 18, 2008

Contention

Frank, I don’t expect we’ll agree on the first of these two points, at least, but here’s my opinion:

1. These aspiring students are here, legally or otherwise. It would be great if pragmatism were not a factor—certainly others with verifiable financial resources take a more documentable route. The assumption in your comment that there would be line jumping going on is clearly that the number of lines will not increase—that American higher education will not expand for a new market. As higher ed is most decidedly a market-oriented animal, I do not share this concern.

2. This article pertains to community college students. I hesitate to make a blanket statement here, about communit colleges and about your personal experience, but I might venture to suggest that most community colleges don’t have huge experience with the type of international student you’re used to working with—the relatively wealthy ones—no line to jump.

Andy, at 6:30 pm EDT on August 18, 2008

Thank you, Andy

” .. I might venture to suggest that most community colleges don’t have huge experience with the type of international student ..”

Actually, I believe IHE and other pubs have noted the rise of international students in community colleges.

CCs need revenue and often have housing units. The students — as noted previously — are desparate to get to the USA. And the weak U.S. dollar increases the students’ buying power. A “win-win,” all around.

You either have rule of law — or open-border anarchy, supplemented with rule by gun. No one has the right to expect and force others to pay for their poor decision-making.

Frank, at 6:50 pm EDT on August 18, 2008

Education is a human right?

Whether you believe that or not, sending your citizens to another country because you can’t take care of them is not a right, it’s a scam. Those who think that education is a human right should push those foreign countries to repatriate their own citizens and educate them. They shouldn’t promote horrible public policy.

24AheadDotCom, at 7:20 pm EDT on August 18, 2008

young people deserve a chance

I can understand that in these uncertain economic times that people are anxious about costs and paying more and more for rising costs — health care, housing, gas, food, education, etc. When I look at my own meager savings, I wonder about my own future and how much time I’m going to need before I have enough to own a home or start a family. However to place all the economic woes on the shoulders of immigrant students who only know of the U.S. as their home is unfair and it’s wrong. Community colleges have traditionally been open to every type of person that wants a chance to open up their eyes, learn new skills, and be a better person for it ... and in turn, be a more productive individual. North Carolina should use this opportunity to show some decisive political courage and do what’s right: re-open the door so that everyone who wants to learn, can do so.

soh, at 5:00 am EDT on August 19, 2008

Learning moment

” .. North Carolina should use this opportunity to show some decisive political courage ..”

In the view of this Tar Heel — N.C. will do what it thinks is appropriate for Tar Heels. Not what naive, dreamy-eyed outsiders with no investment in N.C. think.

If such students want to be “legal” — they and their parent(s) should return overseas. And get in line like everyone else, some of whom have been waiting for years. That would be fair and legal — a learning moment.

Buzz, at 9:10 am EDT on August 19, 2008

Spare me your ignorance

The recent lines of “go back to their country” and “jumping the line” are terms that would not work here in California. Perhaps you are insensitive to such matters as working with Undocumented students because you feel it’s too difficult to do so or (gasp) it’s not your problem. Try working with a student that was brought here at the ripe age of 1 month and doesn’t know a word of their “mother” language and has been sold the American dream only to find out its not entirely possible. I’m sure you’ve heard what I’m saying before so I will spare you a speech but only if you spare me your ignorance.

V, at 11:10 am EDT on August 20, 2008

What part of “illegal” do you not understand?

As usual, there are those who argue for rights to education or our need for the workforce,all on altruistic grounds. I actually agree with that. Yet, I don’t believe that is the issue. People who are here illegally are, well, illegal, against our laws of immigration, attempting to gain rights and privileges apart from the laws that govern our country. Until the laws change, or aliens abide by the rules we have, I can’t see much reason to discuss much of the rest, especially to admit illegals to government funded, tax dollar supported institutions of higher learning. I believe there are also rights for law abiding citizens to be protected from those breaking the law, and should not have their tax dollars used to support law breakers. Am I the only person left that believes that good citizenship is based in part on being law abiding?

Bob, at 10:55 am EDT on August 22, 2008

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