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Why aren't U.S. Citizens filing federal lawsuits saying that they were denied in-state tuition in states, but illegal immigrant students can attend those schools at in-state tuition? Where is the action? These pro-illegal immigrant groups are doing so much, but anti-illegal immigration voices are silent when it comes to legal action.
If what is being described in the article is true, the state is going to lose its case.
Quote:
Originally Posted by Benicar
U.S. citizens denied right to in-state tuition - Florida - MiamiHerald.com (http://www.miamiherald.com/2011/10/19/2462421/us-citizens-denied-right-to-in.html - broken link)
If the policy requires parents to be "legal" residents of the state for their children to qualify for in-state tuition, he has no one to blame but his parents, who chose to live in this country illegally.
U.S. citizens denied right to in-state tuition - Florida - MiamiHerald.com (http://www.miamiherald.com/2011/10/19/2462421/us-citizens-denied-right-to-in.html - broken link)
If the policy requires parents to be "legal" residents of the state for their children to qualify for in-state tuition, he has no one to blame but his parents, who chose to live in this country illegally.
Obviously the "right" only belongs to legal residents, not illegals. The Miami Herald is incorrect labeling in-state tuition as a "right" when it is a priviledge.
It could be argued that the US born children of illegal aliens are actually profiting from their parents' illegal act by getting in-state tuition.
Why aren't U.S. Citizens filing federal lawsuits saying that they were denied in-state tuition in states, but illegal immigrant students can attend those schools at in-state tuition? Where is the action? These pro-illegal immigrant groups are doing so much, but anti-illegal immigration voices are silent when it comes to legal action.
There have been a number of lawsuits on the matter.
Now, attending a college in and of itself is a privilege (don't do well, then you get kicked out) - But in terms of tuition, in-state residents should automatically get in-state tuition.
It is very problematic saying "you can't get in-state because your parents are illegals!" - We know that Plyler v. Doe came in because of the principle that the parent's actions should not be used to punish the child.
Quote:
Originally Posted by lifelongMOgal
Obviously the "right" only belongs to legal residents, not illegals. The Miami Herald is incorrect labeling in-state tuition as a "right" when it is a priviledge.
It could be argued that the US born children of illegal aliens are actually profiting from their parents' illegal act by getting in-state tuition.
There is a difference between denying an illegal in-state tuition, and denying his or her U.S. born child in-state tuition.
The justification "we can't promote illegal immigration" can't be used, because of the point above similarly expressed in Plyler v. Doe.
Quote:
Originally Posted by lifelongMOgal
There have been a number of lawsuits on the matter.
States typically define qualifying for in state as living in X state for X number of months or years.
I would imagine that if a state lets illegals get in state, the illegal would have to show that he/she lived there for X number of months or years.
Quote:
Originally Posted by SoEdible
Why aren't U.S. Citizens filing federal lawsuits saying that they were denied in-state tuition in states, but illegal immigrant students can attend those schools at in-state tuition? Where is the action? These pro-illegal immigrant groups are doing so much, but anti-illegal immigration voices are silent when it comes to legal action.
States typically define qualifying for in state as living in X state for X number of months or years.
I would imagine that if a state lets illegals get in state, the illegal would have to show that he/she lived there for X number of months or years.
And how do the undocumented prove that?
Should they prove when they stole someone's social security number and began using it to illegally take a job?
That's the problem with the undocumented, many could have showed up just yesterday and now want to cash in on everything provided to citizens or residents of the area. They do not have valid residence in the first place so proving it would be impossible.
One can be a Texas resident if he/she fulfills one of the following sets of criteria:
1:
* Graduated from HS in Texas, or alternative to HS in Texas
* Continually living in the state for 36 months before before receiving the diploma/GED/alternative
* Living in the state for 12 months before census period of starting semester
2:
* Established a domicile in Texas 12 months before census date of beginning semester, and maintained domicile continuously
3:
* Dependent whose parent established a domicile in Texas 12 months before census date of beginning semester, and maintained domicile continuously
"Establishing a domicile" can be proved with gas and utility bills.
Should they prove when they stole someone's social security number and began using it to illegally take a job?
That's the problem with the undocumented, many could have showed up just yesterday and now want to cash in on everything provided to citizens or residents of the area. They do not have valid residence in the first place so proving it would be impossible.
Should they prove when they stole someone's social security number and began using it to illegally take a job?
That's the problem with the undocumented, many could have showed up just yesterday and now want to cash in on everything provided to citizens or residents of the area. They do not have valid residence in the first place so proving it would be impossible.
Residence requires neither citizenship nor legality. It is generally reasonably easily established.
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