Georgia, other states question how to treat undocumented students

By Laura Diamond

The Atlanta Journal-Constitution

As students walked around Kennesaw State University last week there was little evidence this is the epicenter for Georgia’s latest debate on illegal immigration.

Ever since Jessica Colotl, an illegal immigrant, was arrested last March for a traffic violation on campus, Georgians have debated whether undocumented students should be allowed to attend the state’s public colleges. The issue became a key theme during this year’s gubernatorial election.

But far beyond the 384-acre campus off I-75, similar questions are being asked across the country. During the 2010 legislative session, 16 states dealt with 39 pieces of legislation related to undocumented students, according to the National Conference of State Legislatures.

Hundreds of students – including Colotl – rallied in Washington, D.C., last week to urge Congress to pass legislation that would provide an easier path to legal citizenship for those brought to this country illegally as minors by their parents.

“These students represent a conundrum,” said Jessica Vaughan, director of policy studies for the Center for Immigration Studies, a 25-year-old research non-profit which supports vigorous enforcement of immigration laws.

“There are some sympathies for individuals brought here illegally as children,” she said. “But there is strong support for banning illegal aliens from in-state tuition. You don’t want to provide any incentives for people to come or stay.”

Colotl has come to embody the issue of undocumented students and how colleges admit them, how much they charge them and what role higher education should play in the long-standing immigration debate.

While educators, elected officials and policy experts debate this issue, college students have been largely silent.

"This is a bigger topic on the news than it is among most students," said Ali Kamran, the student body president at KSU. "I don't think we're sitting in class wondering if the student next to us is illegal or legal. I like have international students in my classes. You don't just learn from the professor. You learn from talking with the people around you and from their experiences and perspectives."

Both sides of the immigration debate have used Colotl as an example of what’s wrong with the current system.

The 21-year-old native of Mexico was arrested by campus police on March 30 on two traffic violations. Colotl, who was brought here illegally by her parents when she was child, was taken to jail and later turned over to federal immigration agents. While deportation proceedings began this spring, Immigration and Customs Enforcement officials granted Colotl a one-year reprieve so she can finish her degree.

Following her arrest, it was disclosed that KSU officials erroneously charged her in-state tuition. Officials said they were unaware of her immigration status and said she will now be charged out-of-state tuition.

Georgia’s public colleges may admit undocumented students but they are required to charge them out-of-state tuition, which is about three times as expensive. In light of the Colotl incident, the State Board of Regents ordered all colleges to review student records to make sure everyone was charged the correct tuition rate. Those reviews are scheduled to be completed by early August.

In the meantime, some Georgia lawmakers have pledged to introduce legislation barring illegal immigrants from public colleges. The three remaining candidates for Georgia's next governor have supported that position.

In a 2008 letter from the U.S. Immigration and Customs Enforcement -- the most current guidelines -- the agency wrote federal law does not bar illegal immigrants from attending public colleges and that states "must decide for themselves whether or not to admit illegal aliens."

South Carolina is currently the only state to ban them. Georgia is among three states -- including Arizona and Colorado -- to pass legislation that bans undocumented students from receiving in-state tuition. Eleven states passed laws allowing these students to receive taxpayer-supported in-state tuition.

During the 2010 legislative session 15 states -- including Florida, Louisiana and Mississippi -- dealt with 26 pieces of legislation that would ban undocumented students from receiving in-state tuition rates. Of those bills, 21 failed and five are pending, according to the National Conference of State Legislatures.

On the opposite side, seven states -- including Florida and Mississippi again -- dealt with 13 pieces of legislation that would allow undocumented students to receive in-state tuition rates. Eight bills failed and five are pending.

The debates have only brought more anxiety for undocumented students, with some Georgia officials predicting fewer on campus this fall.

Eric Cuevas, a recruiter at Georgia Perimeter College, said undocumented students and their parents are wary of enrolling. Cuevas, who is fluent in Spanish, visits schools, churches and festivals to talk about the importance of higher education to Latino students and their families.

"People who would apply are not applying," Cuevas said. "It has nothing to do with tuition. They already know they have to pay out-of-state tuition. It's the fear that they are filling out a government form and admitting to being illegal. They fear we're going to turn them over to ICE. It's hard to calm their fears."

Charles Kuck, the immigration attorney representing Colotl, said he's heard from about 60 undocumented students worried over what might happen to them and their families if they step foot on campus.

Some advocates and students say it would be better if illegal immigrants didn't return to campus.

James Dutton, student body president at Georgia State, doesn't begrudge anyone wanting a college degree but he worried these students take seats away from those in this state and country legally.

University of West Georgia student David Bachman said undocumented students should enroll at private colleges instead.

"They want to use our system, our public system, but they are here illegally and have broken the law," Bachman said. "It's not fair to everyone following the law to allow them in. We need to crack down on this."

States debate undocumented students

Illegal immigration continues to be a hot topic of debate in state legislatures. The issue on undocumented students and higher education was taken up several times during the 2010 legislative session:

• Seven states with bills allowing undocumented students to pay in-state tuition: California, Connecticut, Florida, Mississippi, New Jersey, New York, and Rhode Island legislatures dealt with 13 bills. None passed, five are pending.
• 15 states with bills banning undocumented students from paying in-state tuition: Alabama, California, Florida, Idaho, Illinois, Iowa, Louisiana, Mississippi, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Rhode Island, and Tennessee dealt with 26 bills on this topic. None passed, five are pending.

Source: National Conference of State Legislatures.