California Should Not Subsidize University Education for Illegal Immigrants
Monday, August 27, 2001
By: Dan Stein

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Public policy is about setting priorities and allocating finite resources. Even the best public policy choices necessarily mean that some deserving people will be disappointed and that some worthwhile projects will go by the wayside.

A bill, similar to one that Governor Gray Davis vetoed in 2000, that would provide in-state tuition rates for illegal aliens in the state university system, is a prime example of the choices that public officials must make. Under the legislation, illegal aliens who reside in California would be entitled to the same taxpayer subsidized tuition rates as any citizen or legal resident of the state. In addition, these students might also be eligible for scarce state-funded scholarship assistance.

The argument in favor of providing these students subsidized tuition is that, in most cases, it was their parents who made the decision to violate U.S. immigration law, but the children have done nothing wrong and should not be punished for the sins of the parents. Moreover, proponents argue, even illegal aliens pay taxes, and should therefore be entitled to the same benefits as everyone else.

It is hard not to empathize with the predicament that these kids find themselves in through no fault of their own. But, as with every public policy choice, admitting these students to the University of California system and providing them with up to $11,000-a-year in subsidized tuition, means that some other student will not be able to attend the school of his or her choice and receive assistance from California taxpayers.

The reality is that there are a finite number of seats available on any given campus, and there are finite funds to subsidize higher education. When some of the most prestigious public universities in the country, like Berkeley or UCLA, admit an illegal immigrant and provide subsidized tuition, some other student who is also deserving is denied an opportunity.

Admission to university is never a purely objective decision. All sort of subjective factors other than mere GPA or SAT scores go into deciding who gets a precious seat on a UC or Cal State campus.

Similarly, in deciding how to allocate the limited funds available for financial assistance, public policy makers rely on a set of arbitrary factors in determining who does or does not get the help. There are many students whose family incomes are too high to receive financial aid, but who nonetheless cannot afford to attend university. We recognize that real people are harmed under these circumstances, but we also recognize that there simply is not enough money to help everyone who might need it.

Limiting in-state tuition benefits, or even restricting admission to students who are legally present in the U.S. is as defensible, if not more so, than any of the subjective criteria that are routinely used.

It is also important to recognize that, although the children of illegal immigrants are often innocent parties, their parents bear a large share of the blame for the situation these kids face. Every one of us must live with the consequences of decisions our parents made and society cannot always protect us from their bad choices.

Innocent children are often harmed when parents make bad decisions or break the law. In such cases we hold the parents responsible, not the government. Likewise, when people make a conscious choice to violate the immigration laws, they must recognize that their actions will have repercussions for their children.

If Gov. Davis signs the bill, the people of California should be aware that their political leaders are making a conscious public policy choice. They are affirmatively deciding that they will deny the children of people who have violated no laws a place on a UC campus. California’s leaders will also be saying to working people around the state - many of whom might not be able to afford to send their own kids to college - that they will be taxed to pay for the higher education of people who have no legal right to be in the United States.

The California legislature has made the policy choice to grant seats and taxpayer tuition assistance to illegal aliens at its public universities and deny seats and assistance to the sons and daughters of citizens and legal residents. That is the stark reality of Gov. Davis will have to ratify or veto. Now it’s his choice.