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Thursday, August 10, 2006
Asks for official opinion regarding in state tuition for illegals
 State Representative Randy Terrill has sent a letter to Attorney General Drew Edmondson asking for an official opinion on the apparent conflict between state and federal law regarding illegal aliens being eligible for in state tuition. Representative Terrill specifically cited seven questions he would like addressed by the Attorney General. Below is the full text of the letter:
Attorney General Drew Edmondson
State Capitol Building, Suite 112
Oklahoma City, Oklahoma 73105
Dear Attorney General Edmondson:
In 1996, Congress enacted two federal laws addressing eligibility of illegal aliens for higher education, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and the Illegal Immigration and Immigrant Responsibility Act (IIRIRA). A provision of PRWORA, codified at 8 U.S.C. 1621, says illegal aliens are not eligible for any state or local public benefit, a term that is defined to include postsecondary education. A provision of IIRIRA, codified at 8 U.S.C. 1623, further prohibits states from providing any postsecondary education benefit to an alien not lawfully present in the United States on the basis of residence within the state unless the state also provides the same benefit to a citizen or national who resides in another state, which Oklahoma does not.
In 2003, the Legislature passed and the Governor signed Section 3242 of Title 70 of the Oklahoma Statutes which permits students who are illegal aliens to enroll and become eligible for in-state tuition if they graduate from a high school or successfully complete the GED test in this state, have resided in this state with a parent or guardian for at least two years prior to graduation or successful completion of the GED test, satisfy standards and secure admission to an institution within The Oklahoma State System of Higher Education, and filed an affidavit stating that the student has or will file an application to legalize their immigration status. Section 3242 of Title 70 also provides that a student who is an illegal alien that qualifies for enrollment and in-state tuition shall not be disqualified from any state scholarships or financial aid.
Because of what appears to be a conflict between state and federal law, pursuant to Section 18b of Title 74 of the Oklahoma Statutes I hereby request your official opinion with regard to the following seven questions:
1. Is allowing an illegal alien to be admitted to and enroll in an institution within The Oklahoma State System of Higher Education or granting to a student who is an illegal alien in-state tuition pursuant to Section 3242 providing a state or local public benefit to that illegal alien in violation of 8 U.S.C. 1621?
2. Is allowing a student who is an illegal alien and meets the eligibility criteria of subsections A and B of Section 3242 to qualify for state scholarships or financial aid (including tuition waivers) providing a state or local public benefit to that illegal alien in violation of 8 U.S.C. 1621?
3. Can an illegal alien who is not lawfully present in the United States under federal immigration law be deemed a legal resident of the state for the purpose of eligibility for state or local post-secondary education benefits of any kind, including but not limited to admission and enrollment, in-state tuition, state scholarships and financial aid, or tuition waivers?
4. Is allowing an illegal alien to be admitted to and enroll in an institution within The Oklahoma State System of Higher Education or granting to a student who is an illegal alien in-state tuition pursuant to Section 3242 based, in whole or part, on residency within the state which conflicts with 8 U.S.C. 1623?
5. Is allowing a student who is an illegal alien and meets the criteria set forth in subsections A and B of Section 3242 to qualify for state scholarships or financial aid (including tuition waivers) based, in whole or part, on residency within the state which conflicts with 8 U.S.C. 1623?
6. Does granting state or local post-secondary education benefits of any kind to an illegal alien who is not, and can never be, a legal resident of the state while denying the same benefits to a non-resident citizen or national of the United States violate the Equal Protection Clause of the U.S. Constitution or similar provision, if any, of the Oklahoma Constitution?
7. Was Oklahoma's authority to pass legislation dealing with the eligibility of illegal aliens to receive state or local post-secondary education benefits of any kind, as exemplified by Section 3242 of Title 70, pre-empted by the PRWORA, the IIRIRA, or by plenary Federal authority to regulate immigration?
Thanks for your prompt and timely attention to this very important legal and public policy matter. Best wishes always and God bless!
Sincerely,
Randy Terrill
State Representative
House District 53
Posted at 8/10/2006 10:03:00 AM  
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