Federal Law: If CCM Gives Illegal Immigrants Cheap Rate, Everyone Gets the Same Deal

If the County College of Morris allows illegal immigrants to pay in-county tuition rates, the college would also have to offer that same tuition rate to any U.S. citizen, a 1998 federal law says.

Meanwhile, two petitions are being circulated in the county asking the Morris County Board of Freeholders to support the college’s tuition policy.

Until the Sept. 11, 2001 terrorist attacks, CCM allowed undocumented immigrants to attend at higher out-of-state rates; after the attacks, it barred them entirely. The school recently reversed its policy, and allowed them to attend for in-county rates—the least expensive tuition level available.

The section of federal law in question was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Omnibus Consolidated Appropriations Act of 1997, and took effect in 1998.

The law states, “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state (or 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 of scope) without regard to whether the citizen or national is a resident.”

This law backs up the Morris freeholders' stance. It's been urging the school to return to the policy in effect until 2001—to let undocumented immigrants attend, but only at the out-of-state rate, which today would be $9,417. The in-county rate is $3,720.

When the college trustees in February  approved the policy allowing in-county tuition rates, the freeholders responded with a letter asking for a change. A college trustee committee is reviewing the freeholders’ letter and is expected to report in to the full board in April.

Freeholder Director William Chegwidden said at the March 23 freeholder meeting that the board is not trying to stop anyone from getting an education, but is trying to ensure that county taxpayers do not pick up the tuition bill for undocumented students.

Freeholder Douglas Cabana previously said the policy change would affect approximately 40 students, but the total difference in tuition payments was $150,000.

About two dozen students attended the March 23 freeholder meeting urging the freeholders to support the new CCM tuition policy, and said that two petitions are being circulated in support of the CMM tuition policy change.

Carol Ruiz of Dover, a CCM graduate, said the freeholders should reconsider their response to the change because there is no one clear path to U.S. citizenship—and as a result, students who came to this country as children when their parents bring them here illegally are penalized.

“For some, [naturalization] can take eight, nine, 10 years,” to become a citizen, she said.

Ruiz said she came to the United States at age 7, and now at 34 has become a citizen.

“Education is a human right,” she said.

Chegwidden said the freeholders are not trying to stop anyone from getting an education, but they must protect the rights of U.S. citizens who attend the county college. He reminded the students that being in the United States illegally is a crime.

Diana Mehia, said illegal or not, the undocumented CCM students pay taxes in Morris County and the United States.

Karen Arduada of Dover, a student at the College of St. Elizabeth, said the freeholders’ actions could result in less diversity in the classrooms. The board’s action will have an effect on Hispanic students and could affect African-American students, she said.

“Everyone deserves a chance for an education,” she said.

Freeholder Gene Feyl thanked the students for speaking up, but said that it is not the freeholders’ policy to change.

“You should speak with the CCM board. It is their decision.”

Cabana the situation results from “inadequate federal law that if it was changed, could make the undocumented students here legally."