Bill threatens tuition for undocumented students

This is the second in a series of articles exploring different perspectives of illegal immigration.

SUU President Michael T. Benson is adding his voice to the cry from university presidents around the state opposing a bill that would exclude undocumented students from paying in-state tuition.

House Bill 241, "Repeal of Exemptions from Non-Resident Tuition," is 20th on the house's third reading calendar, after receiving an 8-5 favorable vote Tuesday from the Higher Education Appropriations Committee, according to the bill's status, listed at www.le.utah.gov.

Sponsored for the fifth year in a row by Rep. Glenn Donnelson, R-District 7, the bill would repeal a 2002 decision supported by university presidents that granted in-state tuition to undocumented students who had attended at least three years of high school in Utah and earned a diploma or its equivalent.

"I have been trying to repeal it since its inception, as I have always felt that the in-state tuition (for undocumented students) is against U.S. code and unconstitutional," he said.

The legislation would be beneficial because it would discourage undocumented citizens from using unlawful means to get a job after graduating from college, Donnelson said.

"It only affects 280 students currently," he said. "It is worse for them to spend thousands of dollars and years of their life and have them be unable to get the promised better life without identity theft or forgery."

Limiting students' access to education limits their future opportunities, Benson said.

"Education is the one thing that can change these young people's lives," he said. "I don't know how we can keep them from pursuing the one thing that can provide a better life for themselves and future generations."

Benson said his concern is for those future generations.

Utah's university presidents have already begun speaking to legislators about their opposition to the bill and will continue to do so, he said.

Benson applauded Rep. Kory Holdaway, R-District 34, for being the only Republican member of the committee to oppose the bill. Holdaway is co-chairman of the committee.

"He was the only one who broke with his fellow Republicans and I commend him for that," he said.

Holdaway said he hopes the voting won't follow party lines in the house.

"Hopefully that won't be the case when it hits the floor and other Republicans will see that this is the wrong move for the state," he said.

Holdaway said he opposed the bill because he doesn't support limiting one group's access to education.

"It goes beyond reason to me to punish one group of students that really had no choice about coming here," he said.

Wes Curtis, director of Regional Services and assistant to the president, said it is the higher education system's responsibility to ensure education for all who want it.

"A trained and educated citizenry and work force is also critical to the economic well-being of the state and the nation," he said. "For this reason, the entire Utah system of higher education has voiced its opposition to this bill. We worked hard to defeat this proposal last year, and will oppose it again this year."

The university presidents are making the right move by opposing the bill, Holdaway said.

"I'm proud of them," he said. "I'm proud of them for recognizing that it's education that lets all of us progress; it's education that makes our community stronger."

Only 10 minutes were allowed during the committee investigation for public comment on the bill, which Benson said was "terrible."

However, Holdaway said the unfortunate time shortage was not a malicious act by Sen. Gregory Bell, R-District 22, co-chairman of the committee.

"The chair needs to balance time for other bills," he said. "I see no fault on the chair's part, that's just all the time we had."

According to the meeting's minutes, those speaking in favor of the bill included Betty Watkin, a parent; Eli Cawley from the Utah Minuteman Project; Ronald Mortenson, former senior policy analyst for the Sutherland Institute; Karianne Lisonbee, from the Eagle Forum; and Charlene Booth, citizen construction coordinator.

Those opposed to bill included Chris Gambroulas from Ivory Homes; Octavio Villalpando, University of Utah chief diversity officer; Jennifer Smith from the United Way; Amanda Covington, media office for Utah State Higher Education; and Denise Castaneda from Utahns for the American Dream. Castaneda is also a student at the University of Utah.

Holdaway said he is disappointed that Donnelson's bill has made it to the floor this year.

"It's the wrong move for the state," he said. "I'm nervous that it has some momentum this session; there's a chance it may pass. I just hope it doesn't.