Tuition, in-state; eligibility, certain individuals who have applied for permanent residency, etc. (HB1857)

Introduced By

Del. Alfonso Lopez (D-Arlington) with support from 29 copatrons, whose average partisan position is:

Those copatrons are Del. Lashrecse D. Aird (D-Petersburg), Del. Lamont Bagby (D-Richmond), Del. David Bulova (D-Fairfax), Del. Eileen Filler-Corn (D-Fairfax Station), Del. Cliff Hayes (D-Chesapeake), Del. Steve Heretick (D-Portsmouth), Del. Charniele Herring (D-Alexandria), Del. Daun Hester (D-Norfolk), Del. Patrick Hope (D-Arlington), Del. Matthew James (D-Portsmouth), Del. Mark Keam (D-Vienna), Del. Kaye Kory (D-Falls Church), Del. Paul Krizek (D-Alexandria), Del. Mark Levine (D-Alexandria), Del. Joe Lindsey (D-Norfolk), Del. Delores McQuinn (D-Richmond), Del. Kathleen Murphy (D-McLean), Del. Ken Plum (D-Reston), Del. Cia Price (D-Newport News), Del. Sam Rasoul (D-Roanoke), Del. Mark Sickles (D-Alexandria), Del. Marcus Simon (D-Falls Church), Del. Rip Sullivan (D-Arlington), Del. Luke Torian (D-Woodbridge), Del. David Toscano (D-Charlottesville), Del. Jeion Ward (D-Hampton), Del. Vivian Watts (D-Annandale), Sen. John Bell (D-Chantilly), Sen. Jennifer Boysko (D-Herndon)

Progress

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

Description

Eligibility for in-state tuition; certain individuals who have applied for permanent residency; certain individuals approved under deferred action programs. Declares eligible for in-state tuition any individual who (i) attended a public or private high school in the Commonwealth for at least three years; (ii) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (iii) registers as an entering student or is enrolled in a public institution of higher education; (iv) provides an affidavit to the public institution of higher education in which he has registered as an entering student or is enrolled stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he becomes eligible for such permanent residency; and (v) submits evidence to the institution at which he has registered as an entering student or is enrolled that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of registration as an entering student or enrollment. The bill provides that any such individual shall remain eligible for in-state tuition for as long as he maintains continuous enrollment in the public institution of higher education and his application for permanent residency has not been denied. The bill also prohibits any student who became eligible for in-state tuition as a result of his lawful presence in the United States pursuant to approval under the Deferred Action for Childhood Arrivals program or any other federal deferred action program from being deemed ineligible for in-state tuition by virtue of the elimination or modification of any such program. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2017Committee
01/10/2017Prefiled and ordered printed; offered 01/11/17 17103745D
01/10/2017Referred to Committee on Education
01/20/2017Assigned Education sub: Higher Education
01/26/2017Impact statement from DPB (HB1857)
01/31/2017Subcommittee recommends reporting (4-Y 2-N)
01/31/2017Subcommittee recommends referring to Committee on Appropriations
02/01/2017Tabled in Education

Comments

CASA, tracking this bill in Photosynthesis, notes:

VACOLAO supports legislation that opens doors to immigrant communities who have a special commitment to making positive contributions to our society and economy.
Undocumented students in VA are not asking for special treatment. They are only asking to have the same opportunities given to their friends, neighbors and classmates. When given the opportunity, these students reaffirm time and time again our American values of hard work to achieve their goals.

Immigrants face immense challenges in overcoming the financial burdens of paying for a higher education. We only add to their heavy load by forcing them to pay out- of-state tuition rates, double that of their high school classmates that attend VA colleges. Immigrant families ARE VA residents. They contribute taxes in excess of $245 million annually to the Commonwealth and localities and should be given the same tuition rates as their classmates. (ITEP)

Undocumented immigrants are NOT eligible for federal financial aid
Undocumented immigrants are NOT eligible for federal grants (Pell or otherwise)
Undocumented immigrants are NOT eligible federal work study jobs
Undocumented immigrants are NOT eligible government student loans

Let us Virginians, who have already made the investment in the undocumented student’s k-12 education with our tax dollars, receive a return on our investment. By removal of this financial barrier, this will dramatically increase college participation by the undocumented college age population and consequently will lead to higher paying jobs and increased overall tax contributions to our economy and VA communities once they attain citizenship or legal status. (Educators for Fair Consideration)

A RAND study recently concluded that an immigrant woman graduating from college will pay $5,300 more in taxes annually and cost $3,900 less annually in government expenses than if she had dropped out of school.
This bill ensures that students who received in-state tuition as a result of DACA shall continue to do so regardless to future modifications to the program or if the program should end. This will allow them to continue their studies uninterrupted

ACLU-VA Immigrants Rights, tracking this bill in Photosynthesis, notes:

ACLU-VA supports this bill. Virginia should welcome newcomers and extend public services such as access to higher education, driving privileges, and social services to all who call Virginia home.

Jaime Petrasek writes:

I stand with the ACLU of VA and support this bill. Virginia should welcome newcomers and extend public services such as access to higher education, driving privileges, and social services to all who call Virginia home.