Providing In-state tuition to Undocumented Immigrants is a net Positive for the State
Providing in-state tuition to undocumented immigrants complies with federal law, provides a net benefit to the state, and is necessary to future of Texas.
Providing in-state tuition to undocumented immigrants complies with federal law.
· Federal law does notprohibit states from providing in-state tuition to undocumented immigrants.[1]
· Section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996 (IIRIRA) does not preclude states from providing in-state tuition to undocumented residents of the state so long as nonresidents in similar circumstances also qualify. The states that have passed in-state tuition laws are complying with this law, not getting around it.[2]
· When Kansas’ in-state tuition law was challenged, U.S. Dist. Judge Richard D. Rogers, in Day v. Sebelius, 376 F. Supp. 2d 1022 (D. Kan. 2005), ruled that the plaintiffs had no standing to challenge the Kansas in-state tuition provision. He determined that the plaintiffs could show no potential harm or injury to themselves since their own non-resident status would not change regardless of whether resident tuition applied to illegal immigrants. He also ruled that as private individuals, the plaintiffs had no authority to seek to enforce federal immigration law, which is under the exclusive jurisdiction of the U.S. Department of Homeland Security (DHS).[3]
· The federal district court upheld the Day v. Sebelius ruling on every claim and the plaintiffs filed an appeal.[4]
Texas’ demographics emphasize the state’s need for in-state tuition
· Less than 2 percent of this year’s national high school graduating class is undocumented immigrants, and only a fraction of these will attend college even if they are able to pay the in-state rate. [5]
· According to the Texas Higher Education Coordinating Board, in 2004 there were 1,171,405 students enrolled in statewide institutions. Only 11,556- less than one percent- fell under HB 1403. 8,300 attended community colleges, with the remaining 3,256 attending four-year institutions or medical schools.
· Undocumented Latino children compose 12.5% of Texas’ undocumented population;[6] by 2020 Hispanics will make up the majority of Texas’ population.[7]
· From April 2000 to July 2003, international migration to Texas accounted for 34.13% of its population growth.[8]
In-state tuition provides a benefit gain to the state.
· The Texas House Research Organization estimated that tuition and fees for resident undergraduates enrolled in 12 semester hours at the University of Texas was $1,484 for the spring 2001 semester vs. $4,064 for an out-of-state student.
· Not helping students' attend college results in much greater costs to the state and contributes to an uneducated workforce. In 1986, an estimated 86,000 students dropped out of Texas public schools costing the state $17.12 billion.[9] By 1998, the number of dropouts increased to almost 1.2 million with the costs estimated at $319 billion.[10]
· Every dollar invested in Texas’ higher education system returns $5 or more to the Texas economy.[11]
· According to the Census Bureau, a high school graduate earns $1.2 million in a 40 year span, compared to $2.1 million for a person with a Bachelor’s degree, and $2.5 million for a person with a Master’s degree.
· A 1995 RAND study showed a 3% increase in college completion rate by Latinos would grow social security and Medicare contribution by 600 million.
· Money paid by these students attending colleges/universities actually tends to increase school revenues because it represents income that would not otherwise be there, given that 72% of students admitted under HB1403 attend community colleges.
[1] “Basic Facts about In-State Tuition for Undocumented Immigrants.” National Immigration Law Center. April 2006.
[2] “Basic Facts about In-State Tuition for Undocumented Immigrants.” National Immigration Law Center. April 2006.
[3] Kellie Dworaczyk. “The Role of States in Immigration Enforcement.” House Research Organization, Texas House of Representatives. February 2006.
[4] “Basic Facts about In-State Tuition for Undocumented Immigrants.” National Immigration Law Center. April 2006.
[5] “Basic Facts about In-State Tuition for Undocumented Immigrants.” National Immigration Law Center. April 2006.
[6] Jeffrey S. Passel. “The Size and Characteristic of the Unauthorized Migrant Population in the U.S.: Estimates Based on the March 2005 Current Population Survey.” Pew Hispanic Center. March 2006.
[7] D’Ann Petersen and Laila Assanie. “The Changing Face of Texas: Population Projections and Implications.” Federal Reserve Bank of Dallas. October 2005.
[8] D’Ann Petersen and Laila Assanie. “The Changing Face of Texas: Population Projections and Implications.” Federal Reserve Bank of Dallas. October 2005.
[9] Roy L. Johnson. “School Holding Power Goal Unachieved in Texas.” Intercultural Development Research Association. 2002
[10] “College Tuition and Undocumented Immigrants.” National Conference of State Legislators. 2006.
[11] D’Ann Petersen and Laila Assanie. “The Changing Face of Texas: Population Projections and Implications.” Federal Reserve Bank of Dallas. October 2005.