It’s always been absurd that illegals who are illegally present in the U.S. get in-state tuition: if a student is from New Jersey they do not get in-state in North Carolina. At least they are from the U.S. But, does Trump have the power to do anything about it?
Trump Executive Order Seeks to End Undocumented In-State Tuition Programs
Undocumented students in Colorado have gone on to be teachers, nurses, and business owners thanks to a program that allows them to pay in-state tuition at public universities.
Now the future of that program and ones like it in 23 other states are in doubt after President Donald Trump signed an executive order that seeks to punish states and cities with so-called sanctuary policies.
The order, signed on April 28, also specifically calls out programs that provide in-state tuition for undocumented students who graduated from high school in that state or who meet other residency requirements.
Allowing in-state students who are not citizens to pay less tuition than out-of-state students who are citizens represents discrimination, according to the order, which says that the attorney general, in cooperation with the secretary of the Department of Homeland Security, “shall identify and take appropriate action to stop the enforcement of state and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful.”
Advocates for immigrant students say that without in-state tuition, many undocumented students will struggle to afford college. They don’t qualify for any federal financial aid and face other barriers to college.
They shouldn’t be attending college in the U.S. in the first place, because they shouldn’t be here in the first place. If they want to pay full price, I guess that would be OK, just like with students from other states and other countries.
The Trump order sets up a possible legal showdown over the state-supported tuition programs that immigrant rights and higher education-advising groups have called essential to help undocumented students access higher education and educate them to fill in-demand jobs.
Not surprising: they sue over everything Trump does.
The order adds to an already uncertain environment for immigrant students, who worry about the risks of filling out financial aid paperwork while grappling with deportation fears. Denver Scholarship Foundation’s Natasha Garfield said the college-advising nonprofit will continue to provide students information about their options and allow them to decide whether college is right for them during a time when Trump’s immigration stance has brought incredible uncertainty.
Uncertainty is a big part of everything Trump does on immigration. But, in this very long, whiny article, they forget one big thing: does the federal government have the authority to do this? Sure, the Constitution gives the federal government authority on immigration. And the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) prohibits states from offering pos-tsecondary education benefits to undocumented immigrants based on residency unless the same benefits are available to all U.S. citizens, regardless of state residency. But, these are states giving a discount. That has nothing to do with the feds, right?
Yes, but, most, if not all of the schools and states take federal money to fund the schools. That gives Los Federales power to dictate policies. Like not giving illegals in-state tuition. Whoops!
Charging out of state tuition for anyone is a violation of their civil rights, but because it is a universal practice, schools get away with it. Courts have already ruled that when people travel to another state, they are instantly accorded the same rights as other people in that state. A university student lives at or near that university so they should be treated like residents of that state from the first day they arrive. Schools should charge based on the quality of the product they are selling, not on the qualities of the student buying it.