Earlier this month, the A.S. Council unanimously approved a resolution opposing a proposed amendment to the state constitution that would prohibit officials from providing in-state tuition to undocumented workers and students, in addition to other benefits.
Resolved:
The amendment, introduced by Assemblyman Mark Wyland (R-Del Mar), would permanently change the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law restricting the amount of benefits that undocumented immigrants can receive from the state. The 1996 statute still allowed the state to provide undocumented immigrants the same higher education benefits available to out-of-state students.
Revelle College Senior Senator Ted McCombs submitted the A.S. resolution, saying that the undocumented persons affected by the legislation are contributing members of California’s society and economy.
“It’s a matter of justice,” McCombs said. “These undocumented families are not just residents of California. They form an integral part of the California economy — like it or not, our economy benefits greatly from the exploitation of undocumented migrant labor. … It is only fair that we provide the basic opportunity for a university education to those undocumented students who are academically eligible.”
According to Wyland, however, the illegal immigrants are a drain on the economy, costing the state more than $10 billion in 2004 alone.
“Like most Californians, I support limited and reasonable legal immigration,” Wyland stated in an op-ed piece posted on his Web site. “However, I do not support people who ‘cut the line’ and come to America illegally. The Federation for American Immigration Reform recently unveiled that $10.5 billion of California taxpayer money is being used to fund noncitizens’ education, healthcare and incarceration.”
The debate is focused on the access to higher education for undocumented students. Under the proposed amendments, these students would be ineligible to receive any form of state assistance, including resident tuition or financial aid. According to Wyland’s chief of staff, Duane Dichiara, no “illegal immigrant” should be in college because they are taking away spots from “California students.”
McCombs, however, did not agree with Dichiara’s assessment.
“Last time I checked, eligibility for a UC education did not depend on how much in taxes you pay or your green card status,” McCombs said. “It depends solely on academic standards, and if an undocumented California resident performs better than a U.S. citizen, then I have no problem with that undocumented student taking that spot.”
Though Dichiara said that a final vote on the legislation is unlikely — due to a block by the Democratic majority in the state Legislature — but an approval of the amendment could spark questions about its constitutionality.
In 1994, California voters passed Proposition 187, which denied health care, education and welfare benefits to illegal immigrants. In 1998, however, the federal courts declared the majority of the act unconstitutional. In the ruling, Judge Mariana Pfaelzer said that the state government did not have the authority to set immigration policy.
Despite this precedent, Dichiara said that the amendment is constitutionally sound and that he hopes that the issue will be debated and that a vote will be scheduled.
Readers can contact Patrick Allen at [email protected].
