For the sixth year in a row, the Utah State Legislature will decide whether or not to repeal a Utah law allowing undocumented students to pay in-state tuition at state colleges and universities.
The law allows undocumented students who attended a Utah high school for three or more years, graduated with a high school diploma or the equivalent and have filed an application to legalize their immigration status to receive the in-state tuition discount. In the Fall Semester 2007, 79 undocumented students attended the U under the current law. If the law is changed, undocumented students would have to pay the more expensive out-of-state tuition rate.
"Most of the year goes by smoothly, but when November rolls around and legislative issues come up, you know there will be a new bill to deny students like me access to education," said Maite, a junior in political science and an undocumented student. "If this bill were to pass, it wouldn't be the end of my life, but it would close a lot of doors."
Maite asked that her full name be withheld to protect her identity.
Maite has lived in the United States since she was 7 years old and lived in Utah for the past five years. She said that the idea of returning to Mexico for her education or work is unrealistic, because she has no immediate family ties or connection there. Maite worries more about the future for her younger siblings who aren't in college yet.
"I have a younger sister who is 13 and a long way from graduating," Maite said. "I understand that HB 241 won't affect me directly, but my sister wouldn't have the access to higher education that I've had."
Because of the grandfather clause attached to the bill, students enrolled in institutes of higher education as of Spring 2008 would still be able to attend, but those in high school would be denied if the bill passes.
Supporters of the bill, such as Eli Cowley, a spokesman for the anti illegal immigration group the Utah Minutemen Project, are concerned with the priority that the state is giving to undocumented students over U.S. citizens or students studying in Utah on student visas.
"In general, the consequences of giving funds to illegal immigrants (are) a detriment to the (United States)," Cowley said. "The law now erases the distinction between citizens and aliens. It's a perversion these students get resident status from the colleges after three years."
Cowley believes that legal citizens from other states should have priority over undocumented students, adding that it is a perversion that illegal aliens are allowed access to our K-12 schools as well.
"This legislative fiat institutionalizes inequality before the law," Cowley said. "Because citizens from outside Utah, and even those who have lived in Utah all their lives, leave and come back, cannot pay instate tuition rates, but illegal aliens can."
Dean of Students Annie Christensen said that the U doesn't support HB 241, adding that the students affected by this bill are vital to the U and that the institution would be hurt without their presence.
"We really think that this bill is short-sighted," Christensen said. "As a university, we can't support the idea of limiting access to education."
As it has in the past, Movimiento Estudiantil Chicana/o de Aztlan, a student group at the U, is advocating against HB 241, Valery Pozo, co-chair of M.E.Ch.A said. Through community forums and working alongside community and student groups, M.E.Ch.A is working to educate the public about the harm this bill might bring to immigrant populations in Utah and potential students.
"We need to have the legislature understand that when they originally passed the bill, that allowed students to get in-state tuition, the value is they gave those students the chance to go to college," said Kim Wirthlin, vice president for government relations. "If it's repealed...they won't be able to do it."
c.norlen@chronicle.utah.edu
