Higher educational institutions; aliens unlawfully present not eligible for admission thereto. (HB14)

Introduced By

Del. Chris Peace (R-Mechanicsville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Admission of illegal aliens to public institutions of higher education. Provides that an alien who is unlawfully present in the United States shall not be eligible for admission to any public institution of higher education in the Commonwealth. Amends § 23-9.2:3, of the Code of Virginia. Read the Bill »

Status

02/28/2008: Failed to Pass in Committee

History

DateAction
11/27/2007Committee
11/27/2007Prefiled and ordered printed; offered 01/09/08 084436676
11/27/2007Referred to Committee on Rules
01/23/2008Impact statement from DPB (HB14)
01/29/2008Reported from Rules with substitute (14-Y 1-N) (see vote tally)
01/30/2008Committee substitute printed 084214676-H1
01/31/2008Read first time
02/01/2008Read second time
02/01/2008Committee substitute agreed to 084214676-H1
02/01/2008Pending question ordered
02/01/2008Engrossed by House - committee substitute (68-Y 28-N) HB14H1
02/01/2008VOTE: --- ENGROSSMENT (68-Y 28-N) (see vote tally)
02/04/2008Read third time
02/04/2008Pending question ordered
02/04/2008Passed House (73-Y 26-N)
02/04/2008VOTE: --- PASSAGE (73-Y 26-N) (see vote tally)
02/04/2008Communicated to Senate
02/05/2008Constitutional reading dispensed
02/05/2008Referred to Committee on Education and Health
02/05/2008Impact statement from DPB (HB14H1)
02/19/2008Assigned Education sub: Public Education
02/28/2008Passed by indefinitely in Education and Health (9-Y 6-N)

Comments

Claire Gastanaga writes:

This is the sixth session in which Republican legislators have tried to pass legislation that would deny undocumented students access to higher education or deny in-state tuition even to such students who are trying to adjust their immigration status and who are Virginia taxpayers.

The bills have not passed for several good and compelling reasons.

First, the legislation is unnecessary.

There is little if any evidence that undocumented students are being admitted to four year colleges and no evidence that any are being granted in-state tuition. Those attending at out of state rates are, by law, paying the full cost of their education (i.e., there is no taxpayer subsidy) and they are not competing with in-state students for space.

Second, the legislation is anti-opportunity. It denies hope to children who are attending Virginia public schools and will lead to higher drop out rates and increased gang participation.

Finally, the legislation is at odds with Virginia's workforce needs which is why it is opposed by the Fairfax Chamber of Commerce and the Greater Washington Board of Trade, among others.

The General Assembly should reject this anti-immigrant, political brochure bill (and others like it sure to be introduced) again this year.

Timothy Watson writes:

Hasn't legislation like this already been found to be unconstitutional?

Timothy Watson writes:

"Judge Pfaelzer's ruling strikes down portions of the initiative that would have required law enforcement, teachers, social service and health care workers to verify a person's immigration status. Under Proposition 187, they would have had to report illegals to authorities and to deny them social service, health care and education benefits."

http://www.cnn.com/ALLPOLITICS/1998/03/19/prop.187/

CG2 Consulting, tracking this bill in Photosynthesis, notes:

This is the sixth session in which legislation has been introduced that would deny undocumented students access to higher education or deny in-state tuition even to such students who are trying to adjust their immigration status and who are Virginia taxpayers.

The bills have not passed for several good and compelling reasons.

First, the legislation is unnecessary.

There is little if any evidence that undocumented students are being admitted to four year colleges and no evidence that any are being granted in-state tuition. Those attending at out of state rates are, by law, paying the full cost of their education (i.e., there is no taxpayer subsidy) and they are not competing with in-state students for space.

Second, the legislation is anti-opportunity. It denies hope to children who are attending Virginia public schools and will lead to higher drop out rates and increased gang participation.

Finally, the legislation is at odds with Virginia's workforce needs which is why it is opposed by the Fairfax Chamber of Commerce and the Greater Washington Board of Trade, among others.

The General Assembly should reject this anti-immigrant, political brochure bill (and others like it sure to be introduced) again this year.

Tod writes:

First off the only way an Illegal can pay taxes is by social security fraud or identity theft. Both of these are felonys and they should be jailed then deported acordingly. Your comment that "they are not competing with in-state students for space" tell that to the students denied admission because the schools are already at capacity. How can you also say that "the legislation is anti-opportunity" and "is at odds with Virginia's workforce needs" When it is illegal for them to live or work here? This legistlation is not anti immagrant at all. It protects citicens and Immigrants alike. This law is only against Illegal Aliens not Immigrants. Calling an Illegal Alien an "undocumented student" or undocumented Immigrant is like calling someone that breaks into your house an uninvited housguest. Utill the federal government enforces the laws already on the books this legislation is very necessary.

Waldo Jaquith writes:

First off the only way an Illegal can pay taxes is by social security fraud or identity theft.

That's not true. In Virginia we have a rooms tax, a food tax, a restaurant tax, and a sales tax. That's a whole lot of tax paying.

Tod writes:

People that are in Virginia from out of state pay these same taxes but they aren't conciderd "Virginia Taxpayers". That term implies paying income tax. For an Illegal Alien to pay income tax and be a "Virginia Taxpayer" they have to be using a social security number or a taxpayer ID number. An Illegal Alien can not legaly obtain either of these. Again this is only accomplished by comitting identity theft or social seurity fraud.

Anonymous writes:

Wrong again Tod.

An undocumented person is able to obtain a taxpayer ID number. No need to prove residency or citizenship for this. You shouldn't push rhetoric around that you cannot back up.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Tod writes:

This is why the IRS needs to share information with ICE. It is a classic case of one hand not knowing what the other one is doing. They are breaking the law by coming here illegally and they should be arrested and deported accordingly.

Katherine Gotthardt writes:

ICE? ICE is for criminals, Tod. CRIMINALS, as in killers and rapists and thieves and drug lords...you might have heard of those. Being undocumented (or "illegal" as you put it) is a civil offense, not a criminal offense. Ask a lawyer if you want to verify that.

Now here is my question to the rational people on this board: do we need to write to remind these fools in Richmond that they are trying to pass Unconstitutional laws that discriminate and increase poverty? Do we need to remind them that the students they are calling "illegal" are products of our public school systems, that many have been here for years and have earned the respect of the educational community? Or can we simply ignore their bigotry and trust our other delegates? I'm asking because I want to know if I need to invest time in writing a letter (sans "you people are idiots").

Tod writes:

ICE is Immigration and customs inforcement. If you break the law you are a criminal. Illegals are criminals. arest them and deport them. If they want to become a part of american cociety they need to come here legally. Not welcoming legal immagrants is unamerican. Welcoming lawbreaking illegal aliens is unethical. I dont blame them for wanting to come to America, just do it legally.

cook writes:

Hey, Tod, didn't I see you driving 67 mph on the interstate the other day?

This whole issue is a lot more complicated than you seem to be willng to acknowledge. For example, do you realize that there is no way -- that's right, NO way -- for most immigrant workers to "do it legally"? Does that fact change your analysis at all?

Virginia ITSP Association, tracking this bill in Photosynthesis, notes:

Provides that an alien who is unlawfully present in the United States shall not be eligible for admission to any public institution of higher education in the Commonwealth.

Liz writes:

Katherine, your question asking whether to write our representatives in Richmond is a valid. Now that this bill has passed through the House, I see that there is some reason to assume that our representatives may not be accurately addressing all views on this issue. I am planning on writing my Senate delegate to voice my concerns with this bill. Like others that have expressed their concerns on this board, this issue is more complicated than addressed in the current form of this bill.

Help Save Virginia writes:

Katherine Gotthardt doesn't seem to understand what ICE does.

"ICE? ICE is for criminals, Tod. CRIMINALS, as in killers and rapists and thieves and drug lords..." Good grief - ICE goes after illegal aliens both who have committee a civil crime and those who are Federal fugitives.

And paying taxes means more than "sales tax". Perhaps you should try paying just "sales tax" this year Waldo and not file tax return.

Waldo Jaquith writes:

Tod wrote that "the only way an Illegal can pay taxes is by social security fraud or identity theft," and I explained that's not so. So you're agreeing with me that Tod's statement is incorrect?

VirginiaImmigrantAdvocacy, tracking this bill in Photosynthesis, notes:

This bill denies all undocumented students access to public higher education (credit and noncredit) even at out of state rates.

tod writes:

It still doesn't matter if they are paying taxes. They are still breaking the law by living and working here. They should not be incoraged to stay here. They should be charged and deported.

AndyH writes:

Overstay visa 1 day - you can be unlawfully present. But you can still pay income taxs legally and have correct lawful SSN.

Silly bill - unlawful presence already has laws.

Why make it complicated for colleges when there is clearly no benefit to the state, and everyone applying has to go fetch yet more paperwork and forms.

Do we also pass a law prohibiting the use of trains and busses to illegal immigrants too?

Oh, despite what some people would have you believe there is also no way illegal immigrant can get in-state tuition. It's bad enough now for legal In-state citizens to get it.

anonymous writes:

now that i think about it AndyH is right