Report urges in-state tuition for undocumented students

Colorado lawmakers should prohibit discrimination against undocumented students by modifying the state's ban on public benefits to provide an exception for post-secondary education, a new report says.

The report, "Tuition Equity Legislation: Investing in Colorado High School Graduates through Equal Opportunity to Postsecondary Education," produced by the Higher Education Access Alliance (HEAA) tackles the sometimes controversial subject of higher education access for undocumented students and examines the state and federal policy context of the issue.

Under the state's public benefit ban (House Bill 06s-1023), undocumented students who graduate from Colorado high schools are ineligible for low, in-state tuition rates as well as federal and state financial aid programs. Even those who attended Colorado's K-12 public schools are not considered residents for tuition classification purposes. Because most undocumented students come from low-income families, this restriction effectively makes it impossible for them to continue their post-secondary education.

"The issue we are trying to address, which is a critical issue facing Colorado, is that there are many, many kids in our K-12 education system who are here, have been raised in this country, in this state, are educated here, this is what they call their home-but they hit a brick wall when they graduate high school," said Spiros Protopsaltis, president of the Center for Policy Entrepreneurship (CPE), which prepared the report.

"This brick wall is the truly insurmountable financial barriers they face," he said. "Although these students are residents of the state, they are charged as non-residents, the out-of-state tuition rate, which ranges from two to five times higher than the in-state rate."

The report highlights three key factors that make post-secondary education for undocumented students a critical issue for Colorado:

1. Colorado's economic growth and competitiveness require a highly educated workforce. Although Colorado touts one of the nation's most educated workforces, it ranks among the least successful states in sending its own students to college, particularly from low-income families-a contradiction known as the "Colorado Paradox."
2. Denying post-secondary access to Colorado's growing undocumented student population means failing to capitalize on our state's investment in their K-12 education. Approximately 250,000 undocumented immigrants live and work in Colorado. By federal law, undocumented children can attend public K-12 schools and, according to the report, Colorado invests as much as $175 million each year in their education. Although no law prohibits public colleges and universities from admitting undocumented students, state law prevents those institutions from charging undocumented students in-state rates for tuition and fees, even if they otherwise meet residency criteria. Laws also prohibit them from receiving federal and state financial aid.
3. Colorado will help itself by helping qualified undocumented students gain access to post-secondary education. According to the report, improvements in undocumented students' educational attainment can lower unemployment, stimulate spending, increase tax receipts, boost productivity and generate economic development.

According to Matt Sundeen, CPE's director of policy and research, tuition equity benefits both individuals and the public.

"Higher education relates specifically to the potential for higher earnings," he said. "People who have higher education have lower unemployment rates. A lot of the future jobs in our state are in the high-tech and bio-medical industries, which require post-secondary education. Where we have a very significant undocumented population, clearly it is better for the state of Colorado to have this population more educated. Collectively for the state, that fuels economic growth, decreases reliance on public assistance programs, improves health and nutrition, and decreases crime and incarceration rates. It builds stronger communities."

Not everyone agrees. According to Colorado State Sen. Dave Schultheis (Colorado Springs Dist. 9), a college education does not necessarily pave the way to a good job or to being a successful individual.

"Many citizens have been productive members of society and have made considerable income with only a K-12 education," he said. "While some students become successes because of their college education, the notion that a college education is a requirement for a successful life is a myth that for years has been fostered by the higher education institutions."

Schultheis said that 80 to 85 percent of citizens are opposed to the idea of providing in-state tuition to those in this country illegally, and Colorado should not adopt additional legislation that would encourage more such illegal immigration.

"Some statistics show the cost of illegal immigration to taxpayers in Colorado (as of 2006) to be in excess of $2 billion a year, with the cost of K-12 education around $900 million a year," he said. "To me, that is outrageous. I'm not aware of any other country in the world that would willingly incur such costs."

Sandy, a senior at The New America School, a charter school for immigrants, is one of many undocumented students who will graduate in May but whose future is uncertain. Despite the fact that Sandy has lived in Colorado since she was six, and has attended Colorado public schools all her life, the state's public benefit ban makes the cost of post-secondary education prohibitive.

"(With in-state tuition), you can tell your parents that you can work two jobs and make it," she said. "Your family might say, 'you should do it. It's affordable; we'll help you.' With out-of-state tuition, your parents might say, 'I don't know how to help you. It's too expensive.' I'd say that myself. To even get the money would take too much of my time and take time away from my studies. If the tuition equity law passed, that would mean that not only would I have a better chance of going to college because of money, I would have more time for school and more time with my family, which is what I want. I would probably do much better at school if I didn't have to work."

Jared Polis, the 2nd Congressional District Democratic nominee who helped found CPE, is an advocate for in-state tuition for Colorado's undocumented students. Polis also supports the proposed Dream Act, which would provide tuition relief federally and was co-sponsored by both Sens. Barack Obama and John McCain, but stalled in Congress.

"People sometimes confuse (tuition equity) with the larger immigration issue," he said. "People fear that they're losing jobs to immigrants. This has nothing to do with that issue. The word 'immigration' causes people's passions to stir. This is a very practical program that would allow high-performing high school students to go to college, just like other Colorado residents."

Since 2001, 10 states have passed tuition equity laws, six of which surround Colorado: Utah, Nebraska, Kansas, Oklahoma, Texas and New Mexico. Three tuition equity bills have failed here since 2003. And, in 2006, lawmakers passed the public benefits ban that prohibits undocumented immigrants from receiving any state benefits, except those mandated by federal law, such as emergency care. Protopsaltis is hopeful that 2009 will be different.

"The legislation was unsuccessful before, because the political context was generally unfavorable," Polis said. "There was not a willingness to support this legislation, and Gov. Owens had indicated that he did not support it and thus would veto it. It was against a lot of odds. This time around, we think the time has come for Colorado to enact this legislation."

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