Hot Issues

LULAC 4606 Northern Virgina

Hot Issues

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DREAM Act / Student Adjustment Act

National Week of Action

April 12 - 18, 2003

Support immigrant students' aspirations to complete their education and obtain legal status. The week is being planned by numerous national, state, and local organizations from all regions of the country. Activities that week will included rallies, press confrences, visits with Members of Congress, and more.

**On April 12th, students and their allies will launch the Week of Action with simultaneous activities throughout the U.S in 30 states. At noon of that day, each participating location will sponsor a balloon release (to protect the environment, all released balloons will be retrieved).

**Join in the National Week of Action!

- Help plan events in your area around the balloon release of April 12th!

- To find out who is participating in the National Week of Action in your aream send email to mailto:Murillo@nilc-dc.org .

Supreme Court hears Affirmative Action cases: Gratz v. Bollinger and Grutter v. Bollinger

At issue is whether race can be used as a factor in admissions to publicly funded institutions as part of an affirmative action program. Justices were asked to decide whether a state has a "complelling interest" to promote a diverse student body, or whether the Equal Protection Clause of the 14th Amendment forbids giving one ethnic group or minority special advantages over another.

VIRGINIA ATTORNEY GENERAL JERRY KILGORE ATTEMPT TO KEEP STUDENTS FROM ATTENDING COLLEGE

(Washington, D.C.) on September 5, 2002 the Office of the Attorney General of Virginia issued a memo to all the presidents of Virginia's public colleges and universities stating that undocumented children should not be enrolled in Virginia public institutions of higher education and encouraging employees to disclose a students' immigration status both to the Immigration and Naturalization Service (INS) and to the Virginia Attorney General's office. Attorney General Jerry Kilgore is imposing his personal views about children who are undocumented through no fault of their own; views that are not even in line with conservative Repubicans like Orrin Hatch (UT) and Rep. Chris Cannon (UT) co-sponsors of the DREAN and Student Adjustment Acts. No federal or state law precludes an institution from admitting an applicant who is undocumented. Furthermore, no federal or state law requires educators to provide student information to the Virginia Attorney General or the INS.

News Clippings

"In the memo, the attorney general cited the need to preserve space in public colleges for students who are legal residents--and who also are taxpayers."

"...Mr. Kilgore's interpretation writes off thousands of immigrants who attend the nation's public schools and look forward to going to college."

"...the directive is not justified by any state or federal law, and it would most seriously hurt students who have established lives in the United States but lack formal immigration status."

"...forcing professors to report on students who may lack the proper documentation would fundamentally undermine the crucial trust between student and teacher."

Fairfax County public schools and other schools do not distinguish between documented and undocumented students. Many area colleges consider their enrollment policies simply an extenstion of county policy.

-Chronicle of Higher Education 12.13.02

"Due to a U.S. Supreme Court decision, we can't deny an education to students because of their immigration status....a state attorney general opinion in 1999 said that we are not allowed to ask for the immigration status of students enrolling."

-The Washington Post 12.02.02

"These children have done nothing wrong; most undocumented college-bound students were brought to this country at young ages by their parents and played no part in the decision to enter or stay. Virginia will suffer when considerable numbers of talented students are prevented from completing their education."

-The Washington Post 11.02.02

"The attorney general's staff members said they are concerned that immigrants could be taking seats at state schools that would otherwise go to U.S. Citizens. Additionally, they said, all universities share a greater responsibility to monitor foreign students after last year's terrorists attacks."

-Roanoke Times & World News 11.23.02

"By barring their children from public colleges, which offer far lower tuition for Virginia residents (4:1 Cost Ratio), the state would be punishing the best and brightest of those immigrants and reduce their chances to better their lives..."

-The Washington Post 11.20.02

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Legislation currently being reviewed by the Senate

UPDATE

1.30.03 House Bill 2339 PASSED by a House Vote 88Y:10N:1A. Bill communicated to the Senate.

1.31.03 Reffered to Committee on Education and Health

2.05.03 Assigned to Education and Health Subcommittee:4

House Bill No.2339

(Proposed by the House Committee on Education on Jan. 27, 2003)

(Patron Prior to Substitute --Delegate Drake)

A Bill to amend the Code of Virginia by adding a section numbered 23-7.4:01, relating to denial of in-state tuition and certain other postsecondary educational benefits for aliens.

23-7.4:01 Alien in-state tuition.

An alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to 23-7.4, shall not be eligible on the basis of residency within Virginia for any post-secondary educational benefit, including in-state tuition, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or national are Virginia residents.