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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, November 15, 2011

Plan Embroils Tuition Rules in a Hot Issue

Wall Street Journal: New York's top education officials recommended Monday that the state open its financial-aid programs and college scholarships to illegal immigrants, a significant shift that even its supporters conceded would be a uphill political battle.

The state Board of Regents, which sets statewide education policy, voted to urge the Legislature to broaden eligibility for academic scholarships, loan-forgiveness programs and tax-free tuition savings accounts, known as 529 plans, to include illegal immigrants.

New York already allows such students to pay in-state tuition at public colleges. If the changes passed, New York would join a handful of states -- Texas, California and New Mexico -- that allow them access to financial aid.

Michael Whyland, a spokesman for Assembly Speaker Sheldon Silver, said the proposal was an "interesting idea" that they would review.

Others were not so open. "Providing illegal aliens free tuition and other social services while our taxpaying, working families struggle to pay college loans and send their kids to college is patently absurd," said state Sen. Greg Ball, a Hudson Valley Republican.

Indeed, New York's fiscal picture isn't showing signs of brightening any time soon. Gov. Andrew Cuomo said Monday there is a $350 million hole in this fiscal year's budget, and raised his estimate of next year's gap to as much as $3.5 billion.

State officials said it is difficult to estimate how much the proposal would cost, in part because they don't know exactly how many illegal immigrants live in the state.

"What's clear is that there will be a net benefit to the state because students will contribute far more to the economy if they have the benefit of higher education," state Education Commissioner John King said.

An estimated 345,000 students in New York's K-12 public schools are illegal immigrants, according to a study by the Federation for American Immigration Reform cited by the Board of Regents. The board also said about 2,000 illegal immigrants attend the City University of New York.

The recommendation is part of a larger effort by the Regents to influence immigration policy. In an unusual move, the board urged Congress last month to pass the federal Dream Act, which would give children in the country illegally a path toward citizenship.

"Short of a comprehensive federal program that takes care of all these issues, I think there's an obligation in a state like New York, which has welcomed immigrants to its shores for generations to address this issue," said Merryl Tisch, the chancellor of the Board of Regents.

Ms. Tisch said she expected funding would be "an issue" and she wasn't sure a change would be accomplished this year. "Over the years, I have learned that if you don't start the conversation, you never get to yes," she said.

The National Conference of State Legislatures estimates that 5% of about 65,000 illegal immigrants who graduate from high school across the country every year go on to college.

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