It’s time to revisit the illegal immigration subject. In Texas, the state legislature is considering several new bills to counter the effects of illegal immigration in a state with porous borders and little help from the federal government. The most controversial bill to date is House Bill 28 which would deny state services to U.S. born children of illegal immigrants. The author of the bill realizes how it will challenge the 14th Amendment that provides birthright citizenship. But he is hoping that it will become a test for the U.S. Supreme Court to interpret illegal immigrants rights. My question is, since when did people who break the law and enter the country illegally deserve the same rights as those of us who are legal American citizens?
It’s not only the question of citizenship and all the rights and benefits that accrue, such as education from K-12, social services and health services, but it also entails “in-state” tuition fees. In other words, illegal aliens pay the same reduced tuition as an American citizen with established residency in the state. In 2001, California and Texas were the first states to enact legislation allowing in-state tuition for undocumented immigrants. New York and Utah followed suit in 2002. In 2003 and 2004, Washington, Oklahoma, Illinois and Kansas enacted similar legislation.
What is peculiar about these in-state tuition laws is that they are in direct violation of a federal law prohibiting it. Federal law (Title 8, Chapter 14, Sec. 1623) states:
“an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.”
These state laws opposing the federal law were instituted due to a concern for the cost of not educating the illegal immigrant population by not helping illegals attend college. With more than 1.4 million illegal immigrants in Texas, they argued that it results in much greater costs to the state and contributes to an uneducated workforce. This is the same argument used for offering education to illegal immigrants’ children from kindergarten through 12th grade. What is disconcerting to me is that we are always on the back end of this issue tying to fix an already aggravated condition of not enforcing laws. My question is, where are the consequences to law breakers? Are we going to continue to allow those who break the law to enjoy more and more rights and not impose any kind of penalty because it is financially expedient?
With the outcry of some American citizens regarding the unfairness and impact of these laws, states are beginning to reconsider whether these laws are in the best interest of the state and its citizens. In this area, Texas is looking at this whole issue anew. They are considering many new bills that address the problems imposed by illegal immigration. Some of the bills that will be introduced would tax money transfers to Mexico and Latin America, repeal a state law allowing in-state tuition, enable local law enforcement to enforce civil immigration laws, require lawful presence for state licenses and the bill that would deny citizenship to illegal immigrants children.
With state budget cuts and overwhelming numbers of the influx of illegal immigration, some legislators are concerned that allowing these rights to illegal immigrants will take away opportunities from U.S. citizens and “legal” immigrants. But what I am more concerned with as far as illegal immigration is concerned is, that we have laws — either we enforce them or we don’t. But if we say we are a nation governed by laws, then there should be consequences for breaking them. If we don’t reverse this trend of looking the other way and actually encouraging more illegal immigration, then we will continue to see problems with over population, the continued drain on social, health and education services and the real drain on our precious natural resources. I am all for legal immigration but the illegal component must be stopped.
Other resources for information on immigration: