Florida-FL College Subsidy
THE FLORIDA COLLEGE SUBSIDY FOR ILLEGAL
ALIENS BILL DID NOT PASS THE FLORIDA LEGISATURE DURING THE 2004
REGULAR SESSION.
THANKS TO ALL THE AMERICANS
WHO HELPED STOP IT!
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Stop
Florida College Tuition Subsidy for Illegal Aliens
Your help is needed to stop Florida college tuition subsidy
for illegal aliens. Please pass on this message to everyone you know
in Florida. If you are affronted that children of non-Florida American
citizens will not get their college subsidized but foreign nationals who
illegally reside in Florida do get college subsidized, then please help too.
Both the Democrats and Republicans have demonstrated they
are willing sacrifice the education of the children of American citizens and
to discriminate against citizens to pander for the Hispanic vote.
Florida is poised to pass a bill that will subsidize the college education
of illegal aliens by a 75% reduction in college tuition. This reduced
rate, in violation of federal law, blatantly discriminates against the
children of American citizens who do not live in Florida but would like to
attend college there. This subsidy is a scandal considering that
public education in Florida is well documented to be dismal, in large part
due to schools overcrowded from illegal immigration. The State of
Florida estimate of 420,000 illegal aliens in Florida will swell even
further given our politicians willingness to reward their illegal presence.
The bill SB1228 (Relating
to Tuition/Resident Status)
passed a Florida Senate
Appropriations committee 17/0
on Thursday, April 20, 2004 . The bill HB119 (Resident
Status for Tuition Purposes)
passed the House Appropriations committee 39/0 on April 23, 2004. The
objectionable illegal alien college subsidy has been attached to a
non-objectionable bill providing in-state tuition to military families.
Governor Jeb Bush supports the bill and is expected to sign it if it passes.
It is important to IMMEDIATELY contact the officials listed below. Passage
could occur anytime during the week of April 26-30, 2004, the last week of
the Florida Regular Session. Click for contact information in a new
window and express your sentiments. See
Talking Points below.
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Florida House Speaker -
Johnny Byrd Telephone: (850)
488-0807 Fax (850) 488-1456
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Florida House Designate -
Allan Bense Telephone: (850)
488-9696 Fax (850) 414-6133
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Florida Senate President -
James King, Jr. Telephone: (850) 487-5030 Fax: (850)
487-5368
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Florida Senate President
Designate -
Tom Lee Telephone: (850) 487-5072 Fax (813) 744-8556
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Your Florida
Representative and
Senator
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Florida Governor Bush at:
Telephone (preferred):
850-488-4441; or
Fax: 850-487-0801; or
Email:
jeb.bush@myflorida.com; or
Mail:
Office of the Governor
The Capitol
Tallahassee, Florida 32399-0001
Only a firestorm of protest will stop this outrageous bill. Your
help is needed!
TALKING POINTS
Main talking
point:
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Don't reward illegal aliens.
In-state tuition benefits add to an already large list of incentives for
people to come to Florida illegally. History has proven condoning
illegal immigration increases illegal immigration.
Other talking
points:
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The bill discriminates against
non-Florida citizens and all immigrants (legal) by not offering the same
subsidy to them.
-
Florida's schools already are
poorly funded and overcrowded in large part due to illegal immigration;
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According to a 'Senate analysis' (performed by special
interest immigration attorneys)
“The
fiscal impact of the bill is indeterminate.” It is totally
irresponsible to pass such bills out of committee when the financial
impact is unknown.
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Illegal aliens would still be able to attend college
but at the same rate given to international students and non-Florida
citizens.
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The bill violates
federal law. According to federal law, if a state offers discounted,
"in-state" postsecondary tuition aid to illegal aliens, it must also offer
the same aid to all Americans regardless of residency. However, four
states currently give tuition breaks to illegal aliens, but charge
American citizens from other states higher tuition fees.
[Cite]
United States Code:
TITLE 8 - ALIENS
AND NATIONALITY
CHAPTER 14 -
RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER II -
ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS
Section 1623.
Limitation on eligibility for preferential treatment of aliens not
lawfully present on basis of residence for higher education benefits
(a) In general
Notwithstanding
any other provision of law, an alien who is not lawfully present in the
United States shall not be eligible on the basis of residence within a
State (or a political subdivision) for any postsecondary education
benefit unless a citizen or national of the United States is eligible
for such a benefit (in no less an amount, duration, and scope) without
regard to whether the citizen or national is such a resident. (b)
Effective date This section shall apply to benefits provided on or after
July 1, 1998.
Case Law.
Tuition for community college and state university
students to rise
“House and Senate budget negotiators have agreed to
hike tuition this fall 5 percent for community college students and 7.5
percent for undergraduate students attending the state's public
universities, including FAU and FIU. The increase would be 12.5 percent
for graduate students. The tuition hike could cost full-time community
college students as much as $65 more a year and full-time undergraduates
more than $142 a year.” Rep. Bruce Kyle, a Fort Myers Republican,
defended the hikes, pointing out that students in Florida are charged
some of the lowest tuition rates in the country. ''I think we're giving
a great education for a low cost,'' said Kyle, chairman of the House
Appropriations Committee."
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The Senate
Appropriation Committee's Analysis is grossly incomplete and partially
based on highly questionable figures from a special interest group.
The 'analysis' correctly states the cost is "inderminate" and includes
estimates by Florida Immigrant Advocacy Center (FIAC).
FIAC is a group heavily
influenced by immigration lawyers who advocate on behalf of immigrants
(legal) and illegal aliens. It is in their personal interest to
understate the nature and scope of the illegal aliens who would benefit
from this legislation.
With the official
Florida estimate of 420,000 illegal aliens, it does not seem reasonable
that the number of illegal aliens eligible would only be “1,045 for the
state universities and 1,780 for the public community colleges” as FIAC
claims. The 'Senate
Analysis' states:
“The fiscal
impact of the CS is indeterminate, as the state does not possess any
reliable figures indicating the number of students that would qualify
for the subsidized tuition as state residents.
The Florida Immigrant Advocacy Center
estimates that the number of students could be as high as 1,045 for
the state universities and 1,780 for the public community colleges.
Given the indeterminate number of eligible students, the fiscal impact
and additional regulatory burden on community colleges and state
universities in collecting and processing the affidavits and confirming
other eligibility requirements is not readily ascertainable.”
The bill should
never have been passed out of any committee given the absurd analysis.
It is an outrage that politicians forsake their financial responsibility
by voting for a bill without having an accurate, independent fiscal
analysis but base their vote on analysis provided by the very group that
has the most to gain should the bill become law. Yet this bill passed
unanimously, except for one vote, out of five committees. Citizens
should loudly criticize all elected officials who voted these bills out of
committee:
House Education Appropriations Subcommittee Votes
House Appropriations Committee Votes
Senate Appropriation Committee Votes
Senate Education Committee Votes
Senate Military and Veterans' Affairs, Base Protection, and
Spaceports Committe Votes
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Florida's
colleges and universities have a limited number of slots for incoming
freshmen each year; therefore, any illegal alien granted in-state tuition
and accepted at a state-funded college or university is, in effect, taking
a slot from an American citizen resident of Florida whose parents only
failing is that they did not break the law and enter Florida illegally.
Example scenarios
if this bill passes:
-
Student “A” is
an illegal alien who has been in Florida public schools for at least
three years whose parents have been in violation of Federal law for at
least that period of time.
-
Student “B” is a
legal Florida Resident and an American citizen whose parents have not
violated Federal immigration law.
-
Both student “A”
and student “B” are competing for the "last open slot" for incoming
freshmen at the University of Florida and have identical test scores,
grades and other academic indicators.
-
Student “A” is
awarded the last slot due to the University's quest to increase
"diversity." Student “B” either must go out of state, pay for
private education or attend a lesser state university.
-
The economic
impact on student “B's” future is real, but hard to quantify.
Certainly, there is no fairness in student “B” being passed over for a
slot that is given to someone who is here in violation of Federal Law.
--------------------------------------
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Student “C” is
an illegal alien who has been in Florida public schools for at least
three years whose parents have been in violation of Federal law for at
least that period of time.
-
Student “D” is a
legal Florida Resident and an American citizen whose parents have not
violated Federal immigration law.
-
Both student “C”
and student “D” are competing for the "last open slot" for incoming
freshmen at Broward Community College and have identical test scores,
grades and other academic indicators.
-
Student “C” is
awarded the last slot due to the college’s quest to increase
"diversity." Student “D” either must go out of state, pay for
private education or not attend college at all. If student “D” is poor,
the latter is the most likely outcome.
-
The economic
impact on student “D's” future is real, but hard to quantify.
Certainly, there is no fairness in student “D” being passed over for a
slot that is given to someone who is here in violation of Federal Law.
Both student “B's”
and student “D's” entire futures have been irrevocably negatively impacted
because illegal aliens “A” and “C” have stepped in line in front of them,
just as their parents took advantage of the Federal Government’s
unwillingness to enforce its own laws. They also have stepped in
line in front of all legal immigrants, who have followed Federal law.
Lawbreakers “A” and “C” are regarded more highly by Florida law than
American citizen students from other states who desire attending Florida
institutions of higher learning.
April 26, 2004
James King, Jr.
Florida Senate
President
RE: H.B. 119;
S.B.1228 (IN STATE TUITION FOR UNDOCUMENTED ALIENS)
Dear Senator
King,
Following is a
copy of two letters Friends of Immigration Law Enforcement (FILE) sent
to Utah State University last year on behalf of an American student. The
university, in apparent violation of federal law (8 USC §1623), was
charging the student out-of-state tuition rates while offering lower
in-state tuition rates to foreign nationals illegally residing in Utah.
Please be aware
that legislation currently under consideration in Florida may
discriminate similarly against American students, and, because our
organization will assist any class of American students so victimized,
the legislation may expose the state's publicly-funded post-secondary
educational institutions to significant financial liability.
Sincerely,
Craig Nelsen
202 543 2323
Attachment:
Controller's
Office
2400 Old Main
Hill
Logan UT
84322-2400
RE:
Request for refund of out-of-state tuition
Controller:
I am writing
on behalf of Mr. R_____ L________, a student at Utah State University
(USU). Mr. L________ is from California, and pays a higher,
out-of-state tuition rate to USU than do Utah residents, who pay a
lower, in-state tuition.
It has come to
our attention that Utah State University offers, and has granted, such
lower, in-state rates to illegal aliens. Under Federal law, "an
alien who is not lawfully present in the United States shall not be
eligible on the basis of residence within a State (or a political
subdivision) for any postsecondary education benefit unless a citizen
or national of the United States is eligible for such a benefit (in no
less an amount, duration, and scope) without regard to whether the
citizen or national is such a resident."[1]
Mr. L________
advises us that he has paid, according to his calculations, for this,
his first year at USU, $5,302 more in tuition than some of his fellow
students who 1) are foreign nationals; 2) are illegally residing in
the United States; and 3) are paying in-state tuition.
As a public
postsecondary institution, USU appears to be in violation of the law.
In order to begin to bring itself under compliance, please refund the
difference between USU's in-state and out-of-state rates within two
weeks of the date of this notice to:
R_____
L________
123 Main St
Hyde Park, UT
84318
Please make
check payable to: R_____ L________
(SS#:
XXX-XX-XXXX)
Sincerely,
Craig Nelsen,
director
Friends of
Immigration Law Enforcement
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