Proposal would give illegal immigrants in-state tuition if they become citizens

DENVER - Some Colorado lawmakers want to give in-state college tuition to undocumented students, but unlike efforts to do this in the past, this year's legislation requires the students to give something back.

Senate Bill 170 would mandate the students apply for U.S. citizenship.

"I just believe philosophically [that] we shouldn't punish children for the decisions of adults," Sen. Chris Romer (D-Denver) said.

He will present SB 170 to the Senate Education Committee on Thursday afternoon.

"They're all going to have to sign an affidavit that they're going to seek citizenship. These are going to be people we want in our society. These are hard-working kids who really have aspirations of making our society better," Romer said.

This year's effort is also different from attempts in previous years which lawmakers have defeated in that there is a clause preventing undocumented students from receiving any financial aid. Romer said Colorado is "not politically ready" to subsidize the education of undocumented students.

Out-of-state tuition costs students roughly five times more than in-state tuition. For example, figures compiled by the Colorado Department of Higher Education show an Arts and Sciences major at CU Boulder who has residency in Colorado is paying $5,992 in the 2008-09 school year. A non-resident student would be charged $25,400.

At Colorado State University, a liberal arts in-state student is paying $4,424 while an out-of-state student is being charged $20,140.

Critics say the plan discriminates against students who want to attend a Colorado university but are hamstrung by the choices made by their parents.

"I'm sorry but I can't consider extending that benefit to students whose parents are here illegally," Sen. Nancy Spence (R-Centennial) said, "when I can't extend the same benefit to a student whose parents live in Kansas or New Mexico."

Spence said a law passed in Kansas allowing in-state tuition to undocumented students is currently being challenged in federal court by an out-of-state student. Many of Colorado's neighboring states, including Kansas, Nebraska, New Mexico, and Utah have passed similar legislation to SB 170.

Two states, Arkansas and Missouri, are considering measures going in the opposite direction: to prevent the children of illegal immigrants from receiving in-state tuition.

Romer estimated the measure would impact 200-400 high school graduates in Colorado. He said he has received thousands of calls and emails on the topic, including a couple threats of violence against him.
The Senate Education Committee will take public testimony on the measure on Thursday afternoon at 1:30 in Senate Hearing Room 354 at the State Capitol.

For more information on SB 170, visit http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/fsbillcont3/CA6F4162C4FA404687257547007B350F?Open&file=170_01.pdf.