Don't Offer Tuition Break; Enforce Law
Monday, June 14, 2004
By: Dan Stein

Witchita Eagle

The bill signed by Gov. Kathleen Sebelius to give illegal aliens living in Kansas the same in-state tuition benefits as legal residents of Kansas was based on two highly flawed premises.

Proponents of the measure argue that the students in question did not, for the most part, choose to come to this country illegally, and should not be punished for the sins of their parents. The second rationale is that illegal immigration can't be stopped, so society will be better off if they are well-educated.

These arguments are superficial at best.

Empathy for the situation of young people who are caught in this kind of legal limbo is understandable. The problem is that in signing the in-state tuition bill, Sebelius transferred the responsibility for the predicament of these kids from where it correctly belongs—on their parents, who knowingly violated our laws—to the hardworking, law-abiding citizens of Kansas. Second, it contributes to the self-fulfilling prophecy that illegal aliens aren't going anywhere, so we'd better placate them.

While a taxpayer-subsidized college education for their kids may not have been the primary motivation for parents to enter the United States illegally, it is one more incentive to remain here illegally. The federal government does nothing to enforce immigration laws, while state and local governments not only assure illegal aliens that they will not report them to federal immigration authorities, but also encourage these families to take advantage of myriad social programs and benefits.

There is an alternative. Instead of requiring law-abiding residents to shell out for one costly social benefit after another, Kansas can actively discourage immigration law violators from taking up residence in the state by denying illegal immigrants non-emergency benefits and by actively cooperating with federal immigration enforcement authorities.

There is another very costly consequence of Sebelius' decision to grant in-state tuition benefits to illegal aliens. The state is now liable for violating the civil rights of U.S. citizens from the other 49 states who are protected by federal law from discrimination in favor of illegal aliens in the provision of postsecondary education benefits. A number of aggrieved students have already come forward, and the Federation for American Immigration Reform is moving forward with a lawsuit to protect their rights and the rights of all persons legally resident in Kansas.

We have reached a point where we must choose between enforcing our immigration laws or harming vital public institutions and services.