Higher educational institutions; prohibits certain persons from eligibility for in-state tuition. (SB652)
Introduced By
Sen.
Emmett Hanger (R-Mount Solon)
Emmett Hanger
(R-Mount Solon)
Served: 1996–
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
In-state tuition; prohibiting certain individuals from eligibility. Provides that (ii) an individual who is not either (a) a citizen or national of the United States, (b) a lawful permanent resident of the United States, or (c) an alien who submits documentary evidence of (1) a valid, unexpired nonimmigrant visa status, (2) a pending or approved application for asylum in the United States, (3) refugee status, (4) temporary protected status, (5) a pending application for adjustment of status to lawful permanent resident, or (6) otherwise lawfully present in the United States as defined in federal law or regulations, shall not be eligible for in-state tuition rates at any public institution of higher education in the Commonwealth. Establishes additional standards that must be met by a student who is actively pursuing legal permanent residency. View Full Text »
Outcome
Video
Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/09/2008, 01/09/2008, 01/23/2008, 01/23/2008, 02/01/2008, 02/01/2008, 02/04/2008, 02/04/2008, 02/05/2008, 02/06/2008, 02/06/2008, 02/07/2008, 02/07/2008, 02/08/2008, 02/08/2008, 02/13/2008, 02/13/2008, 02/28/2008, 02/28/2008, 02/29/2008 and 03/06/2008.
Comments
This bill codifies an Attorney General's opinion that individuals who are not in the United States legally cannot establish domicile in Virginia and, therefore, cannot qualify for in-state tuition.
It also carves out a very narrow exception to the general rule for students who have lived in Virginia for three years, have graduated from Virginia schools, have paid income taxes in Virginia and have a pending application to adjust status. A student who meets all of these requirements could qualify for in-state tuition but only if there is a change in federal law that would remove the legal argument that creating such and exception would expose Virginia to the possiblity that it would have to also grant in-state tuition to any citizen applying from any state.
I have been entirely LEGALLY resident for 12 year in Virgina and paid all taxs. Yet my son is now been re-classified as out of state due to erroneos state guidelines on federal immigration status. I would hope that this legislation clarifies the position for LEGAL residents. Perhap too late for him.
This bill opens a window of opportunity for certain taxpaying undocumented students to qualify for in-state tuition if they have a pending application to adjust their immigration status.
If illegals can't afford out-of-state tuition, I suggest they check tuition rates in their native countries. The Commonwealth of Virginia (with my tax dollars) has already paid for their high school diplomas. Enough is enough.