Regents order colleges to review students' citizenship status

By Laura Diamond

The Atlanta Journal-Constitution

The State Board of Regents waded deeper into the national debate over illegal immigration Wednesday by taking several steps to make sure undocumented students aren't charged the cheaper in-state tuition reserved for Georgia residents.

Illegal immigrants are allowed to attend public college in Georgia, but they are required to pay more expensive out-of-state tuition. Regents have fielded questions over how colleges verify residency and tuition charges in the wake of a controversy involving an undocumented student at Kennesaw State University who was found to be paying the lower cost.

A new committee will examine the most efficient and cost-effective ways to check the citizenship of all students, Board Chairman Robert Hatcher said. The committee, which includes five regents and four university presidents, will recommend by October ways to prevent or catch undocumented students from getting in-state tuition.

The board also approved two measures to reaffirm orders Chancellor Erroll Davis issued in 2006 and again last month addressing the issue of undocumented students.

The first measure bars university presidents from granting in-state tuition waivers to undocumented students. The second gives colleges 60 days to review the applications of all students admitted to their institutions for the first time this coming fall to make sure undocumented students don't receive in-state tuition or any other aid prohibited under law.

"If we don't do something, the public will think, just like every bureaucratic agency, that we're going to study it to death," said Regent Ken Bernard, who wrote both measures.

The actions were in response to the case of Jessica Colotl, a Kennesaw State student who entered this country illegally when she was 10.

After she was stopped for a traffic violation in March, immigration authorities began deportation proceedings when her citizenship status was discovered. She was subsequently given a one-year reprieve so she could complete her degree. Prior to her arrest Colotl paid in-state tuition because college officials were not aware of her status. She will now be charged out-of-state tuition.

The "board's policy is well within the law," said Burns Newsome, vice chancellor of legal affairs.

Some disagree. Cobb County Sheriff Neil Warren has asked the Georgia Bureau of Investigation to investigate the regents for possibly violating the law by admitting illegal immigrants.

Newsome said the board's policy is sound and meets federal and state statutes. Some guidance came from a 2008 letter from the U.S. Immigration and Customs Enforcement which explains that admission of an illegal immigrant to a public college is not barred under federal law. These students are barred from receiving a publicly-financed benefit, such as federal loans or work study programs, Newsome said.

Georgia passed a law in 2006 directing the regents to assure universities don't give illegal immigrants benefits prohibited under federal law. Davis and Newsome concluded that lower in-state tuition would be such a benefit.

Davis admitted the university system has "significant problems with verification."

Currently students are asked to answer questions about their citizenship on admissions applications and officials trust applicants to tell the truth.

Newsome floated using an online federal database typically used by companies to vet employees, but questioned whether it would be timely and affordable. South Carolina, which bars illegal immigrants from its public colleges, requires students to show documentation proving their citizenship after being granted admission but before they enroll, he said.

Verification committee

The State Board of Regents appointed a committee to recommend by October the most effective and affordable ways in which colleges can verify students claims about citizenship and residency. Committee members include:

Five regents: Larry Ellis, Felton Jenkins, Jim Jolly, W.H. "Dink" NeSmith Jr. and Larry Walker.

Four university presidents: Mark Becker from Georgia State University, Virginia Carson from South Georgia College, Martha Nesbitt from Gainvesville State College and Lisa Rossbacher from Southern Polytechnic State University

Source: State Board of Regents, University System of Georgia.