Dear Community College Board Member:
I am writing to encourage you to maintain the community college system’s current ban on illegal alien admissions to degree-granting/curriculum programs. The current prohibition on illegal alien admissions enjoys the support of a clear majority of North Carolina voters and is consistent with the plain meaning of federal law. Along with benefiting North Carolina’s working families, preserving the ban will also confirm our state’s long-term commitment to the value of a community college education.
North Carolina Voters Oppose the Admission of Illegal Aliens
The Civitas Institute, a nonprofit, nonpartisan think tank dedicated to improving the welfare of all North Carolinians, has been polling on this issue for three years. Because we only poll active voters, we believe our results represent the most accurate measure of voter sentiment in North Carolina. Our polling indicates that public opposition to illegal alien admissions is remarkably constant:
The Interpretation of Federal Law is Not Settled in this Area
According to a recent letter from the Department of Homeland Security (DHS), “The individual states must decide for themselves whether or not to admit illegal aliens into their public post-secondary institutions.” The Department of Homeland Security, however, is only responsible for administering immigration law, not interpreting it. Ultimately, the final decision as to what constitutes a public benefit must be left to the court system. In the meantime, as originally advised by the state attorney general’s office, the North Carolina Community College System (NCCCS) should pursue a policy that will be more “likely to withstand judicial scrutiny.”
At the very least, federal law regarding the admission of illegal aliens is unclear. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 mandates that illegal aliens are not eligible “for any State or local public benefit.” Such benefits are identified as those “for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.”
As far as our community colleges go, this means either one of two things: 1) all postsecondary educational benefits, including admission, are prohibited; or 2) only those benefits that entail “payments or assistance” are prohibited. Under the first reading, admitting illegal aliens to community colleges is against the law because such admissions depend upon “appropriated funds.” Under the second interpretation, only scholarships and other forms of direct financial aid are banned.
In 2001, the community college system followed the broader reading of the law when it confirmed that illegal aliens could not enroll in degree-granting programs. This policy was subsequently reversed in 2004, and again in November 2007. In May 2008, under the guidance of the attorney general’s office, the NCCCS reverted back to its former policy of prohibiting illegal alien admissions.
Thus far only one case (Equal Access v. Merten, E.D. Va. 2004) has considered whether a state may bar illegal aliens from its colleges and universities. On the one hand, this ruling confirms that college admission is not a public benefit; on the other, the decision concluded that Congress intended to convey the message that “public post-secondary institutions need not admit illegal aliens at all.” And this reading of Equal Access v. Merten is what seems to have prevailed in the attorney general’s May 6, 2008, advisory letter counseling against admitting illegal aliens.
In any case, it will only be a matter of time before additional legal challenges clarify things. As you know, some community college programs – e.g., nursing – have long waiting lists. In such instances it is very likely that illegal aliens are taking spots that would otherwise go to American citizens. And, in such cases, American citizens can claim that their 14th Amendment rights are being violated by an “open-door admission policy” that extends select admission benefits to illegal aliens while denying the same to American citizens (cf. 8 U.S.C. 1623).
Finally, I would add that according to the Code of Ethics for North Carolina Educators, educators “shall not commit … any felony under the laws of the United States or of any state” (16 NCAC 6C .0602). Yet, it is a felony to knowingly encourage or induce illegal aliens to come to or reside in the United States (8 U.S.C. 1324) or to harbor or employ an illegal alien (8 U.S.C. 1324). Similarly, the codes of conduct of many of North Carolina’s community colleges specifically forbid students from violating “local, state or federal criminal law on college property” or acting as an “accessory to a violation or help[ing] someone else commit an offense” (cf. GTCC Code of Conduct). By admitting illegal aliens, the community college system is knowingly enrolling students who are in violation of federal immigration law.
Five Points to Consider
Even if it should be determined that the NCCCS may legally enroll illegal aliens, it would still be an improper use of public resources. A taxpayer-subsidized college education is neither a basic human right nor is it a benefit that should be extended to individuals who are not legal residents of the United States. Consider the following five points:
Finally, given the gravity of this decision and its consequences for North Carolina’s future, I urge the board to petition the General Assembly to take up this matter when it reconvenes in 2009. Congress has indicated its preference that such issues be settled “through the enactment of a State law” (8 U.S.C. 1621). As has been done in other states, such as our neighbor South Carolina, our elected representatives should decide this question in a manner consistent with the will of the people.
I appreciate your careful attention to this matter and would be happy to answer any questions you might have.
Sincerely,
Dr. Jameson Taylor
Director of Policy & Research