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September 4, 2009
News from Congress: Keeping Up the Fight Against Benefits for Illegal Aliens
Editor’s note: While the news from Capitol Hill can be quite dismal at times, there are a few shining lights. Below are a few examples of representatives in Congress doing the work of the American people by standing up for us with regard to critical issues surrounding the illegal alien debate.
Reps. Smith and King Oppose Giving In-State Tuition to Illegal Immigrants
House Judiciary Committee Ranking Member Lamar Smith (TX-21) and Immigration Subcommittee Ranking Member Steve King (IA-5) filed an amicus brief this week with the California Supreme Court in Martinez vs. Regents of the University of California.
At issue in the case is whether the State of California may provide favorable in-state tuition rates to illegal immigrants without providing the same favorable rates to non-resident U.S. citizens. A 1996 federal law (8 USC §1623) limits “eligibility for preferential treatment of aliens not lawfully present on the basis of residence for higher education benefits.”
Ranking Member Smith, who played a leading role in the adoption of 8 USC §1623, said, "We should not reward illegal behavior. It is fundamentally unfair to tell American parents who are not from California but have paid taxes all their lives that they have to pay higher tuition bills to send their children to college there than do illegal immigrants. It would be equally unfair to force California parents to pay more than illegal immigrants to send their kids to school in other states. U.S. citizens and legal immigrants, not those who violate federal law, should be first in line for favorable tuition rates."
Ranking Member King added, “Granting in-state tuition rates to illegal aliens without granting the same benefit to all U.S. citizens is a clear violation of federal law. In light of our current economic crisis, the American taxpayer cannot afford to foot the bill for illegal aliens to attend college. As public universities across the country limit enrollment, allowing California and other states to grant illegal aliens with in-state tuition rates robs United States citizens and legal immigrants of greater educational opportunities. The California Supreme Court must uphold the Rule of Law and protect American taxpayers by prohibiting in-state tuition rates to illegal aliens.”
The challenge was brought by U.S. citizen Robert Martinez and a number of other out-of-state U.S. citizens who believe California’s grant of in-state tuition to illegal immigrants violates federal law. California’s Superior Court determined that Martinez was not entitled to a trial. The California Court of Appeal disagreed, finding that the plaintiffs had stated claims for violations of both their statutory and constitutional rights. The California Supreme Court will decide.
Lamar Smith: Chamber Should Stand Up for American Workers
On August 26, the United States District Court for the District of Maryland, Southern Division, ruled in favor of the Department of Homeland Security (DHS) on a summary judgment motion regarding the Bush-administration rule requiring federal contractors to use E-Verify. This week, the U.S. Chamber of Commerce filed a notice of intent to appeal the decision and asked the court for an injunction.
Ranking Member Lamar Smith issued the following statement:
“I am disappointed that the Chamber chose to appeal the Court’s decision.
“E-Verify ensures that U.S. citizens and legal immigrant workers are not forced to compete with illegal immigrants for federally-funded jobs. There are more than 12 million citizens and legal immigrants unemployed, and even higher-than-average unemployment rates among blacks and U.S.-born Hispanics. It would be wrong to allow jobs that should go to them to go to illegal immigrants instead.
“The Chamber should stand up for American workers and encourage all its member businesses to enroll in E-Verify.”
E-Verify is the federal government’s system that enables companies to hire legal workers.
Previously, the U.S. Chamber of Commerce challenged the rule. DHS asked for summary judgment to dismiss the Chamber’s suit. The Court ruled in favor of DHS on all seven counts and awarded summary judgment to DHS.
Brought to you by the editors and research staff of FamilySecurityMatters.org.
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