But that hasn’t stopped 12 states from doing just that.
Simply put, these states are breaking federal law, Heritage Foundation legal scholars Hans Von Spakovsky and Charles Stimson write. Federal law trumps state laws.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State” unless the same in-state rates are offered to all citizens of the United States.
And it is the Justice Department’s responsibility to enforce this law.
But while the DOJ is going after states like Arizona and Alabama for trying to enforce federal immigration law, the U.S. government refuses to sue these twelve states, including California and Texas, that are brazenly breaking the law.
The President and the Attorney General have an obligation to enforce federal immigration regulations, Von Spakovsky and Stimson argue. In a new report, they highlight how these states are encouraging illegal immigration by forcing taxpayers to bear the costs of educating illegal aliens while unfairly punishing out-of-state students who are citizens with higher tuition rates.
[The Full Report!]
What do you think? Is Texas Gov. Rick Perry right to stand by his state’s policy of offering in-state tuition to illegal immigrants? Should states give tuition discounts for illegal aliens?
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