WHAT ARE YOU DOING HERE? - THE CASE AGAINST IN-STATE TUITION FOR ILLEGAL IMMIGRANTS
By “Coach Vance” Trefethen
Someone from just across the state line in Nevada wants to attend the University of California. They can, but they have to pay a lot more for out of state tuition. Someone from Mexico who is in California illegally wants to attend the same school. They can too, and they will pay in-state tuition rates far lower than the US citizen from Nevada.
If you think there’s something wrong with this picture, you’ll like this case.
What are You Doing Here? - The Case Against In-State Tuition for Illegal Immigrants................................3OBSERVATION 1. Resolution analysis & definitions.........................................................................................................3
OBSERVATION 2. Background, or facts about the structure of the Status Quo.................................................................3
FACT 1. Federal law and a loophole....................................................................................................................................3Congress passed a law to ban illegal immigrants from getting in-state tuition at state colleges, but states created a loophole...........3
FACT 2. Twenty one states...................................................................................................................................................421 States grant in-state tuition to illegal immigrants.............................................................................................................................4
OBSERVATION 3. We offer the following PLAN implemented by State legislatures in 29 states...................................4
OBSERVATION 4. The JUSTIFICATIONS.......................................................................................................................4
JUSTIFICATION 1. Taxpayer rip-off..................................................................................................................................4Regardless of your views about immigration in general, we can all agree taxpayers shouldn't be subsidizing illegal aliens..............4
JUSTIFICATION 2. Rule of law..........................................................................................................................................5Link: State defiance of an Act of Congress violates the rule of law....................................................................................................5Impact: Rights jeopardized. Ignoring the rule of law weakens protection of all our rights................................................................5
JUSTIFICATION 3. Unfair to the law-abiding....................................................................................................................5Lower tuition for illegal immigrants is unfair to legal immigrants who have to pay the full cost........................................................5
JUSTIFICATION 4. Magnet for illegal immigrants.............................................................................................................6Link: Lower tuition incentivizes illegal immigration...........................................................................................................................6Impact: Social costs and national security risks come with increased illegal immigration.................................................................6
2A Evidence: Stop In-State Tuition for Illegal Immigrants................................................................................7DEFINITIONS & BACKGROUND......................................................................................................................................7
How did illegal alien kids get a high school diploma? Court decision required public schools to accept illegal alien children..........7How many students are affected by this case? 50,000 – 65,000 annually...........................................................................................7
OPENING QUOTES / AFFIRMATIVE PHILOSOPHY......................................................................................................8College process is hard enough for American kids without bringing in illegal aliens..........................................................................8
INHERENCY.........................................................................................................................................................................8List of 21 States that give in-state tuition to illegals (18 by State law, 2 by college regents' decision, 1 by their state attorney general).................................................................................................................................................................................................. 8How do states get away with violating federal law? Because the US Supreme Court refused to review the case...............................8
Taxpayer rip-off.....................................................................................................................................................................9California alone has over 25,000 illegal in-state students at a cost of $222 – 289 million...................................................................9Taxpayer cost: $222-289 million in California, $80 – 104 million in Texas.......................................................................................9In-state tuition for illegal aliens imposes big unfair costs to taxpayers................................................................................................9A/T "Illegal immigrants pay state taxes, so they deserve in-state tuition" – They avoid taxes. If they pay any, it's not much..........10A/T "Illegal immigrants pay taxes, so they deserve in-state tuition" – No, they don't, but even if they did, so do others who are denied in-state tuition....................................................................................................................................................................10
Rule of Law..........................................................................................................................................................................10Federal law IIRIRA (1996) should have settled it, but States are violating it by offering in-state tuition to illegals.........................10A/T "Only a state issue, let each state decide if they feel harmed" – Immigration is a federal issue and affects entire country........11Silly word games to justify states' violation of federal law, and it leads to further betrayal of rule of law........................................11
Unfair to the Law Abiding...................................................................................................................................................11In-state tuition for illegal aliens comes at the cost of higher tuition and program cuts for legal students..........................................11Every illegal alien student displaces a legal citizen. And hurts taxpayers too, since they can't work legally after graduation.........11Legal immigrants get charged higher out of state tuition, while illegals get lower in-state tuition. Crime pays after all!................12
Encourage Illegal Immigration.............................................................................................................................................12In-state tuition violates federal law, encourages illegal immigration, is unfair to US citizens, and makes taxpayers subsidize illegal aliens.........................................................................................................................................................................................12
A/T "Hurts kids who were brought here illegally by their parents".....................................................................................13Doesn't excuse their own illegal behavior...........................................................................................................................................13
A/T "Lower college attendance"..........................................................................................................................................13College attendance increased with in-state tuition for illegals. But it also increased just as much in States without it....................13
A/T "Jobs for more college graduates"................................................................................................................................14Complete turn: Helping illegal immigrants get jobs hurts US citizens by identity theft (they use fake ID to get a job)....................14"Getting jobs" is part of the problem: Illegal immigrants can only get jobs illegally.........................................................................14Illegal alien students who benefit from in-state tuition cannot legally work, before or after graduation...........................................14Turn: Jobs are bad, because illegal immigrants use identify theft to apply for jobs and if they succeed, it lowers wages for US citizens................................................................................................................................................................................................. 14Every illegal alien who gets a better job after college has to commit a felony to do it (using fraudulent info for Social Security).............................................................................................................................................................................................. 15
Works Cited: CaseTitle.........................................................................................................................................17
WHAT ARE YOU DOING HERE? - THE CASE AGAINST IN-STATE TUITION FOR ILLEGAL IMMIGRANTS
Someone from just across the state line in Nevada wants to attend the University of California. They can, but they have to pay a lot more for out of state tuition. Someone from Mexico who is in California illegally wants to attend the same school. They can too, and they will pay in-state tuition rates far lower than the US citizen from Nevada. What's wrong with this picture? Please join my partner and me as we affirm that: The United States should significantly reform its policies regarding higher education.
OBSERVATION 1. Resolution analysis & definitions.
Policy:
“a high-level overall plan embracing the general goals and acceptable procedures especially of a governmental body” (Merriam Webster Online Dictionary, copyright 2017 http://www.merriam-webster.com/dictionary/policy)
Significant:
“having or likely to have influence or effect” (Merriam-Webster Online Dictionary copyright 2017 https://www.merriam-webster.com/dictionary/significant)
“Higher Education”:
“education beyond the secondary level; especially : education provided by a college or university” (Merriam-Webster Online Dictionary copyright 2017 https://www.merriam-webster.com/dictionary/higher%20education )
We also note that the resolution doesn't name a specific level of government to take action, leaving it open to any agency of federal or state governments, as long as we do it only within the United States. Now let's go to…
OBSERVATION 2. Background, or facts about the structure of the Status Quo.
FACT 1. Federal law and a loophole.
Congress passed a law to ban illegal immigrants from getting in-state tuition at state colleges, but states created a loophole
Diana Ali 2017 (policy analyst with NASPA, association for the advancement, health, and sustainability of the student affairs profession) 21 July 2017 In-State Tuition for Undocumented Students: 2017 State-Level Analysis" https://www.naspa.org/rpi/posts/in-state-tuition-for-undocumented-students-2017-state-level-analysis
The 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) specifically denied state residency status to undocumented individuals in section 505, which reads, “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.” However, states have argued that in attempting to stipulate tuition requirements, the federal policy infringes on a fundamental right of the states , and a number of states have instituted policies which determine state residency regardless of immigration status, using instead location of high school attendance as the primary indicator.
END QUOTE. What this means is, the federal government told them they couldn't use state residency to justify in-state tuition for illegal immigrants. So the states said, Fine, we'll use the location of the high school they attended instead. We quantify this in…
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21 States grant in-state tuition to illegal immigrants
Diana Ali 2017 (policy analyst with NASPA, association for the advancement, health, and sustainability of the student affairs profession) 21 July 2017 In-State Tuition for Undocumented Students: 2017 State-Level Analysis" https://www.naspa.org/rpi/posts/in-state-tuition-for-undocumented-students-2017-state-level-analysis
According to the National Council of State Legislatures, as of 2015, 17 states had at some point since 2001 passed statewide in-state tuition legislation for undocumented immigrants. This analysis included Wisconsin, which revoked its policy in 2011. In addition, at least five state university systems have adopted in-state tuition policies - University of Hawaii, University of Michigan, Oklahoma State, Rhode Island, and now University of Maine - bringing the count of states with inclusive tuition policies up to 21.
OBSERVATION 3. We offer the following PLAN implemented by State legislatures in 29 states
1. States allowing in-state tuition for secondary education of illegal immigrants will vote to revoke it and charge out-of-state tuition instead. 2. Funding through existing agencies and existing budgets.3. Enforcement through State departments of Education and state law enforcement agencies. Penalties for violation will be the same as existing penalties for misrepresenting residency status. 4. Plan takes effect July 1 in the year after an affirmative ballot.5. Affirmative speeches may clarify.
OBSERVATION 4. The JUSTIFICATIONS
JUSTIFICATION 1. Taxpayer rip-off
Regardless of your views about immigration in general, we can all agree taxpayers shouldn't be subsidizing illegal aliens
Immigration Reform Law Institute 2016 (public-interest legal education and advocacy law firm) " Martinez v. Regents of the University of California" 1 Jan 2016 http://www.irli.org/single-post/2016/01/01/Martinez-v-Regents-of-the-University-of-California
In-state tuition is one of the most valuable public benefits that a State can bestow. In 2010, the difference between in-state and out-of-state tuition at the University of California at Berkeley was $11,439.50 per semester. Over four years, that difference is $91,422 per student. In other words, non-resident U.S. citizen students have to pay nearly $100,000 more in tuition payments to earn an undergraduate degree from Berkeley than do illegal aliens enrolled at taxpayer-subsidized resident rates. In 2010, these subsidies for illegal aliens cost the taxpayers over $208 million every year.
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Link: State defiance of an Act of Congress violates the rule of law
Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 (brackets added) http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
In 1996, Congress passed—and President Bill Clinton signed into law—the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).[i] Section 505, codified at 8 U.S.C. § [section] 1623, prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State” unless the same in-state rates are offered to all citizens of the United States.[ii]Today, 12 states[iii] allow individuals who are in the United States illegally to pay the same in-state tuition rates as legal residents of the states[iv]—without providing the same rates to others. By circumventing the requirements of § 1623 these states are violating federal law, and the legal arguments offered to justify such actions are untenable, no matter what other policy arguments are offered in their defense.
Impact: Rights jeopardized. Ignoring the rule of law weakens protection of all our rights
Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
America is a “nation of laws, not of men,” and thus her citizens must abide by the rule of law. But even if the operation of the rule of law was not imbedded in the U.S. Constitution and legal system, every generation of Americans should re-affirm its virtue and security. These concepts, ancient as they are, and quaint as they may sound to some, provide the bedrock principles of this nation’s constitutional republic. To abandon them in individual cases—where, for example, it seems opportunistic or personally appealing—is to render them unavailable in the preservation of all other rights.
JUSTIFICATION 3. Unfair to the law-abiding
Lower tuition for illegal immigrants is unfair to legal immigrants who have to pay the full cost
Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" (brackets added) https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
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Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
Impact: Social costs and national security risks come with increased illegal immigration
Matt O'Brien and Spencer Raley 2017 (Both are with Federation for American Immigration Reform. O'Brien – director of Research. Raley – Research Associate) The Fiscal Burden of Illegal Immigration on United States Taxpayers 27 Sept 2017 https://fairus.org/issue/publications-resources/fiscal-burden-illegal-immigration-united-states-taxpayers
A continually growing population of illegal aliens, along with the federal government’s ineffective efforts to secure our borders, present significant national security and public safety threats to the United States. They also have a severely negative impact on the nation’s taxpayers at the local, state, and national levels. Illegal immigration costs Americans billions of dollars each year. Illegal aliens are net consumers of taxpayer-funded services and the limited taxes paid by some segments of the illegal alien population are, in no way, significant enough to offset the growing financial burdens imposed on U.S. taxpayers by massive numbers of uninvited guests.
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2A EVIDENCE: STOP IN-STATE TUITION FOR ILLEGAL IMMIGRANTS
DEFINITIONS & BACKGROUND
How did illegal alien kids get a high school diploma? Court decision required public schools to accept illegal alien children
Note: Our plan doesn't change this court decision (it would be extra-topical), since it only applies to elementary and secondary schools.
Prof. Catalina Amuedo-Dorantes and Prof. Chad Sparber 2012 (Amuedo-Dorantes – Dept of economics, San Diego State Univ. Sparber – dept. of economics, Colgate Univ.) Sept 2012, In-State Tuition for Undocumented Immigrants and its Impact on College Enrollment, Tuition Costs, Student Financial Aid, and Indebtedness https://pdfs.semanticscholar.org/3f5d/b9a13d474b8099c75b397ce392c7da6e9558.pdf
How many students are affected by this case? 50,000 – 65,000 annually
Analysis: This card talks about "13 states" because it's written in 2012. More states started doing in-state tuition for illegals in the years that followed.
Prof. Catalina Amuedo-Dorantes and Prof. Chad Sparber 2012 (Amuedo-Dorantes – Dept of economics, San Diego State Univ. Sparber – dept. of economics, Colgate Univ.) Sept 2012, In-State Tuition for Undocumented Immigrants and its Impact on College Enrollment, Tuition Costs, Student Financial Aid, and Indebtedness https://pdfs.semanticscholar.org/3f5d/b9a13d474b8099c75b397ce392c7da6e9558.pdf
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College process is hard enough for American kids without bringing in illegal aliens
David Seminara 2012 (Fellow with Center for Immigration Studies) " Scholarships Just for Illegal Immigrants" https://cis.org/Seminara/Scholarships-Just-Illegal-Immigrants
"It’s bad enough that American kids are already forced to compete with the whole world to get into and secure funding to attend competitive colleges and universities, but creating special breaks for people who have no legal right to live here is even worse."
INHERENCY
List of 21 States that give in-state tuition to illegals (18 by State law, 2 by college regents' decision, 1 by their state attorney general)
National Conference of State Legislatures 2015 (association of representatives and staff from state legislatures in the U.S.) 29 Oct 2015 UNDOCUMENTED STUDENT TUITION: OVERVIEW http://www.ncsl.org/research/education/undocumented-student-tuition-overview.aspx#
Currently, at least 18 states have provisions allowing for in-state tuition rates for undocumented students. Sixteen states—California, Colorado, Connecticut, Florida, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oregon, Texas, Utah and Washington—extend in-state tuition rates to undocumented students through state legislation. Two states—Oklahoma and Rhode Island—allow in-state tuition rates to undocumented students through Board of Regents decisions. In 2013, the University of Hawaii's Board of Regents and the University of Michigan's Board of Regents adopted similar policies for undocumented students to access in-state tuition at those institutions. In April 2014, Virginia's attorney general started granting in-state tuition to those covered under the federal Defferred Action for Childhood Arrivals.
How do states get away with violating federal law? Because the US Supreme Court refused to review the case
Analysis: This does NOT mean the Court approved it. It means they refused to look at it. Nobody knows why they refused, they don't give reasons. It could be because they were too busy with other cases, didn't think it was important, or wanted to leave town on vacation, or any other reason.
Warren Richey 2011 (journalists) CHRISTIAN SCIENCE MONITOR 6 June 2011 https://www.csmonitor.com/USA/Justice/2011/0606/In-state-tuition-for-illegal-immigrants-survives-Supreme-Court-declines-case
The US Supreme Court refused on Monday to examine a California law that allows illegal immigrants to attend state colleges and universities at preferential in-state tuition rates that are roughly one-third the cost charged to students from out-of-state.
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California alone has over 25,000 illegal in-state students at a cost of $222 – 289 million
Ralph Kasarda 2010. (attorney with Pacific Legal Foundation) Martinez v. Regents of the UC – CA taxpayers must subsidize the college tuition of "unlawful" aliens. https://pacificlegal.org/martinez-v-regents-of-the-uc-ca-taxpayers-must-subsidize-the-college-tuition-of-unlawful-aliens/ (Brackets added)
In 2001, California’s Office of the Secretary of Education estimated that 5,000 to 6,000 unlawful aliens would benefit from California’s law. In Martinez [vs. Regents of the Univ. of California], plaintiffs claimed the number of unlawful aliens paying in-state tuition was over 25,000. In 2005, the Federation for American Immigration Reform estimated that the costs of providing in-state tuition to unlawful aliens costs California anywhere from 222 to 289 million dollars.
Taxpayer cost: $222-289 million in California, $80 – 104 million in Texas
Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
Giving illegal aliens a financial break at state colleges and universities is not only illegal; it is also immensely unpopular with American taxpayers. An August 2011 Rasmussen poll found that 81 percent of voters oppose providing in-state tuition rates to illegal aliens. Seventy-two (72) percent of voters believe parents should be required to prove their legal residency when registering their children for public school. These results, however, should hardly come as a surprise: In 2005, it was estimated that the cost to taxpayers of providing in-state tuition in California was between $222.6 million and $289.3 million, while the cost to Texas taxpayers was between $80.2 million and $104.4 million.
In-state tuition for illegal aliens imposes big unfair costs to taxpayers
Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
This release was published as part of Season 18 (2017-2018) school year for Policy Debaters. See the member landing page for official release date and any notifications. This is proprietary intellectual content and may not be used without proper ownership.
A/T "Illegal immigrants pay state taxes, so they deserve in-state tuition" – They avoid taxes. If they pay any, it's not much
Matt O'Brien and Spencer Raley 2017 (Both are with Federation for American Immigration Reform. O'Brien – director of Research. Raley – Research Associate) The Fiscal Burden of Illegal Immigration on United States Taxpayers 27 Sept 2017 https://fairus.org/issue/publications-resources/fiscal-burden-illegal-immigration-united-states-taxpayers
Offsetting the fiscal costs of the illegal alien population are the taxes collected from them at the state and local level. Many proponents of illegal immigration argue that the taxes paid to the states render illegal aliens a net boon to state and local economies. However, this is a spurious argument. Evidence shows that the tax payments made by illegal aliens fail to cover the costs of the many services they consume. Illegal aliens are not typical taxpayers. First, as previously noted in this study, the large percentage of illegal aliens who work in the underground economy frequently avoid paying any income tax at all. (Many actually receive a net cash profit through refundable tax credit programs.) Second, and also previously noted, the average earnings of illegal alien households are considerably lower than both legal aliens and native-born workers.
A/T "Illegal immigrants pay taxes, so they deserve in-state tuition" – No, they don't, but even if they did, so do others who are denied in-state tuition
John Feere 2014 (B.A. in political science and communications from the University of California, Davis and J.D. from American University's Washington College of Law. While in law school he worked in the U.S. House of Representatives Judiciary Committee, specifically, the Subcommittee on Immigration, Border Security, and Claims) 4 May 2014 Getting the Facts Right on Virginia's Grant of In-State Tuition to Illegal Aliens https://cis.org/Feere/Getting-Facts-Right-Virginias-Grant-InState-Tuition-Illegal-Aliens
If in-state tuition rates are meant to benefit people who have paid taxes to the state, wouldn't a student who grew up in a neighboring jurisdiction — North Carolina, West Virginia, Kentucky, Tennessee, Maryland, or D.C. — and has spent significant amounts of tax dollars shopping in Virginia over the years, be more tied to the state, and more deserving of in-state tuition than an illegal alien who has only been in the state for a year? What if the illegal alien has been working off the books and not paying any income taxes, as many illegal aliens do? The truth is most students have not worked many hours and the in-state tuition discount is largely based on the assumed tax payments by the parents, the same people who often foot the tuition bill. In the case of many illegal immigrants, the parents are not even in the country and therefore haven't paid anything into the system.
Rule of Law
Federal law IIRIRA (1996) should have settled it, but States are violating it by offering in-state tuition to illegals
Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
Thus, it is obvious that Congress meant to prohibit state colleges and universities from offering in-state tuition to illegal aliens unless the state institutions also offer in-state tuition to all students, regardless of whether they live in the state or in another state. Congress may have assumed that state colleges and universities would not be able to “afford” offering in-state rates to everyone because these schools rely on the higher tuition from out-of-state students to help subsidize public colleges, and thus they would not offer in-state rates to illegal aliens. But the law itself provides a choice and only requires states to treat out-of-state citizens and illegal aliens equally. IIRIRA, once signed into law by President Clinton, should have settled this issue. But some states have continued to offer lower tuition to illegal aliens without offering the same to all students—a direct violation of federal law.
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A/T "Only a state issue, let each state decide if they feel harmed" – Immigration is a federal issue and affects entire country
Jon Feere 2011 (B.A. in political science and communications from the University of California, Davis and J.D. from American University's Washington College of Law. While in law school he worked in the U.S. House of Representatives Judiciary Committee, specifically, the Subcommittee on Immigration, Border Security, and Claims) " When Texas Welcomes Illegal Aliens, It Becomes More than a 'State Issue' " 25 Sept 2011 https://cis.org/Feere/When-Texas-Welcomes-Illegal-Aliens-It-Becomes-More-State-Issue
The reality, of course, is that illegal aliens welcomed to the United States by Texas's policies are not necessarily going to remain in Texas indefinitely, nor will their children or grandchildren. By encouraging illegal immigration Texas creates an issue for all states. A state can determine its own destiny on a whole host of issues, but when it comes to the enforcement of federal immigration laws, states have a role to play and should side with enforcement instead of encouraging illegal immigration into the country.
Silly word games to justify states' violation of federal law, and it leads to further betrayal of rule of law
Heather MacDonald 2011 (Thomas W. Smith fellow at the Manhattan Institute) NATIONAL REVIEW 23 Sept 2011 "Rick Perry, In-State Tuition, and Federal Law http://www.nationalreview.com/corner/278242
The Texas attorney general’s effort to justify the state’s amnesty in the face of IIRIRA’s Section 505 almost laughably dodges the preemption issue with the meager argument that the “terms ‘postsecondary education benefit’ and ‘residence’ are not defined in the federal law.” His desperate defense is a reminder that once you start justifying law-breaking, however ostensibly compassionate your intentions (and one needs to ask here what position pro-amnesty Republicans would take on illegal immigration if they weren’t eager to court the Hispanic vote), you are led into further and further betrayals of the rule of law.
Unfair to the Law Abiding
In-state tuition for illegal aliens comes at the cost of higher tuition and program cuts for legal students
Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" (brackets added) https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
Every illegal alien student displaces a legal citizen. And hurts taxpayers too, since they can't work legally after graduation
CHRONICLE OF HIGHER EDUCATION 2011 (journalist Katherine Mangan) 18 May 2011 In-State Tuition for Illegal Immigrants Can Be a Plus for Both States and Students https://www.chronicle.com/article/In-State-Tuition-for-Illegal/127581
He [Federation for American Immigration Reform spokesman Ira Mehlman] added that every such student admitted displaces a legal citizen. "Since the illegal-alien student will not be eligible to work (legally) after receiving his/her degree," he wrote, "the taxpayers are less likely to see a return on their investment than they would if they had subsidized a citizen or legal immigrant."
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Legal immigrants get charged higher out of state tuition, while illegals get lower in-state tuition. Crime pays after all!
John Feere 2014 (B.A. in political science and communications from the University of California, Davis and J.D. from American University's Washington College of Law. While in law school he worked in the U.S. House of Representatives Judiciary Committee, specifically, the Subcommittee on Immigration, Border Security, and Claims) 4 May 2014 Getting the Facts Right on Virginia's Grant of In-State Tuition to Illegal Aliens https://cis.org/Feere/Getting-Facts-Right-Virginias-Grant-InState-Tuition-Illegal-Aliens
As to legal immigrants, Virginia's logic on residency is a bit baffling. The attorney general reasons that legal immigrants on temporary visas are not entitled to in-state tuition because they can't establish that they plan to reside in the state "indefinitely". But he reasons that illegal aliens who receive Obama's DACA do qualify since the amnesty is "indefinitely renewable" and leads to the illegal alien forming the intent to stay in Virginia indefinitely. However, the DACA program is a temporary program that could be ended by the next president; the program must be renewed every two years. Virginia is offering a benefit to those who violate our sovereignty while requiring those who abide by our laws to pay more. Virginia is sending the message that it is more advantageous to be in the state illegally than it is to come legally on a student visa. The policy is just another example of states encouraging illegal immigration.
Encourage Illegal Immigration
In-state tuition violates federal law, encourages illegal immigration, is unfair to US citizens, and makes taxpayers subsidize illegal aliens
Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
But some states have continued to offer lower tuition to illegal aliens without offering the same to all students—a direct violation of federal law. Specifically, 12 states have circumvented the express language and clear intent of the statute by erecting proxy legal justifications for offering in-state tuition to illegal aliens. These states have asserted these legal arguments in courts and forced others to waste time and resources in litigation to try to enforce federal law. Such state policies not only violate federal law; they also:-Encourage illegal immigration;-Are fundamentally unfair to students from out-of-state who are U.S. citizens; and-Force taxpayers to subsidize the education of illegal aliens.
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A/T "Hurts kids who were brought here illegally by their parents"
Doesn't excuse their own illegal behavior
Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
A/T "Lower college attendance"
College attendance increased with in-state tuition for illegals. But it also increased just as much in States without it.
Prof. Catalina Amuedo-Dorantes and Prof. Chad Sparber 2012 (Amuedo-Dorantes – Dept of economics, San Diego State Univ. Sparber – dept. of economics, Colgate Univ.) Sept 2012, In-State Tuition for Undocumented Immigrants and its Impact on College Enrollment, Tuition Costs, Student Financial Aid, and Indebtedness https://pdfs.semanticscholar.org/3f5d/b9a13d474b8099c75b397ce392c7da6e9558.pdf
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Complete turn: Helping illegal immigrants get jobs hurts US citizens by identity theft (they use fake ID to get a job)
Dr. Ronald W. Mortensen 2011 (PhD; formerly a Foreign Service Officer) " Five Questions for Rick Perry on In-State Tuition" 4 Oct 2011 https://cis.org/Mortensen/Five-Questions-Rick-Perry-InState-Tuition
Children are prime victims of illegal alien job-related identity theft. Based on an investigation by the Utah Attorney General's office, the Social Security Administration, and Utah Workforce Services, it is estimated that 50,000 Utah children under the age of 13 are the victims of illegal alien-driven identity theft. Over one million Arizona children are estimated to have their identities being used for employment purposes. These children suffer real harm, including destroyed credit, arrest records attached to their names, tax liabilities for income earned on their Social Security numbers, difficulty in getting jobs, denied Medicaid and corrupted medical records with life threatening consequences.
"Getting jobs" is part of the problem: Illegal immigrants can only get jobs illegally
Dr. Ronald Mortensen 2017 (PhD; formerly a Foreign Service Officer) It’s time for the feds to go after those who employ illegal aliens 9 May 2017 THE HILL http://thehill.com/blogs/pundits-blog/immigration/332397-its-time-for-the-feds-to-go-after-those-who-employ-illegal
Applying the law equally should not be negotiable. Employers should not be allowed to violate the law with impunity simply because they have greater political and economic power than those they employ. Equal justice requires that both illegal immigrants and their employers be held accountable for the very real and very serious harm that they cause to innocent Americans.
Illegal alien students who benefit from in-state tuition cannot legally work, before or after graduation
Dr. Ronald W. Mortensen 2011 (PhD; formerly a Foreign Service Officer) " Five Questions for Rick Perry on In-State Tuition" 4 Oct 2011 https://cis.org/Mortensen/Five-Questions-Rick-Perry-InState-Tuition
Unless the federal DREAM Act passes, students who benefit from in-state college tuition have virtually no means of obtaining legal status and, therefore, they cannot legally work in the United States either while attending college or after they graduate.
Turn: Jobs are bad, because illegal immigrants use identify theft to apply for jobs and if they succeed, it lowers wages for US citizens
Dr. Ronald Mortensen 2017 (PhD; formerly a Foreign Service Officer) It’s time for the feds to go after those who employ illegal aliens 9 May 2017 THE HILL http://thehill.com/blogs/pundits-blog/immigration/332397-its-time-for-the-feds-to-go-after-those-who-employ-illegal
Studies have shown that while illegal immigration can lower wages across all economic classes, it has the largest negative impact on those who lack a high school degree. As an added social cost, the practice also results in widespread identity theft by immigrants who steal Social Security numbers from men, women and children across the country so that they can gain legal employment.
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Every illegal alien who gets a better job after college has to commit a felony to do it (using fraudulent info for Social Security)
Dr. Ronald W. Mortensen 2011 (PhD; formerly a Foreign Service Officer) " Five Questions for Rick Perry on In-State Tuition" 4 Oct 2011 https://cis.org/Mortensen/Five-Questions-Rick-Perry-InState-Tuition
2. How do students illegally in the United States get the money to pay their in-state college tuition and living expenses since neither they nor their parents who are illegally in the United States can legally work in the U.S.? 3. How do illegal aliens who eventually graduate from Texas universities contribute to the U.S. economy since they cannot legally get jobs? 4. Aren't you deliberately turning a blind eye to the felonies illegal aliens commit in order to get jobs with reputable employers who require the completion of an I-9 form (Social Security and document fraud, perjury and even identity theft)?
This release was published as part of Season 18 (2017-2018) school year for Policy Debaters. See the member landing page for official release date and any notifications. This is proprietary intellectual content and may not be used without proper ownership.
1. Diana Ali 2017 (policy analyst with NASPA, association for the advancement, health, and sustainability of the student affairs profession) 21 July 2017 In-State Tuition for Undocumented Students: 2017 State-Level Analysis" https://www.naspa.org/rpi/posts/in-state-tuition-for-undocumented-students-2017-state-level-analysis
2. Immigration Reform Law Institute 2016 (public-interest legal education and advocacy law firm) " Martinez v. Regents of the University of California" 1 Jan 2016 http://www.irli.org/single-post/2016/01/01/Martinez-v-Regents-of-the-University-of-California
3. Charles Stimson and Hans von Spakovsky 2011 (Stimson – attorney; former Deputy Assistant Secretary of Defense for Detainee Affairs. Spakovsky – attorney; former member of the Federal Election Commission, previously worked at the Justice Department as counsel to the assistant attorney general for civil rights) Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law 22 Nov 2011 (brackets added) http://www.heritage.org/immigration/report/providing-state-tuition-illegal-aliens-violation-federal-law
4. Dale Wilcox 2013 (attorney; State & Local Director, Federation for American Immigration Reform) 12 Dec 2013 Letter to Dr. Eduardo Padron, " FAIR to Miami-Dade College: No tuition for illegal aliens" (brackets added) https://www.scribd.com/document/192355308/FAIR-to-Miami-Dade-College-No-tuition-for-illegal-aliens
5. Matt O'Brien and Spencer Raley 2017 (Both are with Federation for American Immigration Reform. O'Brien – director of Research. Raley – Research Associate) The Fiscal Burden of Illegal Immigration on United States Taxpayers 27 Sept 2017 https://fairus.org/issue/publications-resources/fiscal-burden-illegal-immigration-united-states-taxpayers
6. Prof. Catalina Amuedo-Dorantes and Prof. Chad Sparber 2012 (Amuedo-Dorantes – Dept of economics, San Diego State Univ. Sparber – dept. of economics, Colgate Univ.) Sept 2012, In-State Tuition for Undocumented Immigrants and its Impact on College Enrollment, Tuition Costs, Student Financial Aid, and Indebtedness https://pdfs.semanticscholar.org/3f5d/b9a13d474b8099c75b397ce392c7da6e9558.pdf
7. David Seminara 2012 (Fellow with Center for Immigration Studies) " Scholarships Just for Illegal Immigrants" https://cis.org/Seminara/Scholarships-Just-Illegal-Immigrants
8. National Conference of State Legislatures 2015 (association of representatives and staff from state legislatures in the U.S.) 29 Oct 2015 UNDOCUMENTED STUDENT TUITION: OVERVIEW http://www.ncsl.org/research/education/undocumented-student-tuition-overview.aspx#
9. Warren Richey 2011 (journalists) CHRISTIAN SCIENCE MONITOR 6 June 2011 https://www.csmonitor.com/USA/Justice/2011/0606/In-state-tuition-for-illegal-immigrants-survives-Supreme-Court-declines-case
10. Ralph Kasarda 2010. (attorney with Pacific Legal Foundation) Martinez v. Regents of the UC – CA taxpayers must subsidize the college tuition of "unlawful" aliens. https://pacificlegal.org/martinez-v-regents-of-the-uc-ca-taxpayers-must-subsidize-the-college-tuition-of-unlawful-aliens/ (Brackets added)
11. John Feere 2014 (B.A. in political science and communications from the University of California, Davis and J.D. from American University's Washington College of Law. While in law school he worked in the U.S. House
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WORKS CITED: CASETITLE
of Representatives Judiciary Committee, specifically, the Subcommittee on Immigration, Border Security, and Claims) 4 May 2014 Getting the Facts Right on Virginia's Grant of In-State Tuition to Illegal Aliens https://cis.org/Feere/Getting-Facts-Right-Virginias-Grant-InState-Tuition-Illegal-Aliens
12. Jon Feere 2011 (B.A. in political science and communications from the University of California, Davis and J.D. from American University's Washington College of Law. While in law school he worked in the U.S. House of Representatives Judiciary Committee, specifically, the Subcommittee on Immigration, Border Security, and Claims) " When Texas Welcomes Illegal Aliens, It Becomes More than a 'State Issue' " 25 Sept 2011 https://cis.org/Feere/When-Texas-Welcomes-Illegal-Aliens-It-Becomes-More-State-Issue
13. Heather MacDonald 2011 (Thomas W. Smith fellow at the Manhattan Institute) NATIONAL REVIEW 23 Sept 2011 "Rick Perry, In-State Tuition, and Federal Law http://www.nationalreview.com/corner/278242
14. CHRONICLE OF HIGHER EDUCATION 2011 (journalist Katherine Mangan) 18 May 2011 In-State Tuition for Illegal Immigrants Can Be a Plus for Both States and Students https://www.chronicle.com/article/In-State-Tuition-for-Illegal/127581
15. Dr. Ronald W. Mortensen 2011 (PhD; formerly a Foreign Service Officer) " Five Questions for Rick Perry on In-State Tuition" 4 Oct 2011 https://cis.org/Mortensen/Five-Questions-Rick-Perry-InState-Tuition
16. Dr. Ronald Mortensen 2017 (PhD; formerly a Foreign Service Officer) It’s time for the feds to go after those who employ illegal aliens 9 May 2017 THE HILL http://thehill.com/blogs/pundits-blog/immigration/332397-its-time-for-the-feds-to-go-after-those-who-employ-illegal
17. Dr. Ronald W. Mortensen 2011 (PhD; formerly a Foreign Service Officer) " Five Questions for Rick Perry on In-State Tuition" 4 Oct 2011 https://cis.org/Mortensen/Five-Questions-Rick-Perry-InState-Tuition
This release was published as part of Season 18 (2017-2018) school year for Policy Debaters. See the member landing page for official release date and any notifications. This is proprietary intellectual content and may not be used without proper ownership.
