The Herald Bulletin

Morning Update

Breaking News

March 25, 2013

Indiana's tuition law gets one more look

Legislators reconsider status of immigrant students here illegally

INDIANAPOLIS —  Two years ago, Indiana lawmakers bent on cracking down on illegal immigration passed a law that banned in-state college tuition for children of undocumented workers, and resulted in hundreds of students dropping out when they couldn’t afford the much higher out-of-state rates.

Now there is an effort to roll back that law. It’s led by some conservative Republican legislators who see the ban as both unfair to children brought here illegally by their parents and contrary to the state’s effort to produce more college graduates.

“There is not a downside to educating every student, whether they’re undocumented or not,” said state Rep. Becky Kubacki of Syracuse, the first Hispanic Republican elected to the Indiana General Assembly.

In February, the Republican-controlled state Senate passed legislation, Senate Bill 207, that would allow students who were enrolled in college when the 2011 law took effect to be eligible again for in-state tuition.

Kubacki is sponsoring that bill in the House, where some of her Republican colleagues are working to expand it by amending the legislation to cover more children of undocumented workers who are residents of Indiana. Details of the amendment have yet to be made public, but it’s expected to spark a vigorous debate.

“I never, ever dreamed there would be discussion in the House of expansion (of the bill),” said state Sen. Jean Leising, R-Oldenburg, who authored Senate Bill 207. “But maybe enough legislators have talked to these kids and heard their plight and struggle.”

Leising kept the parameters of her bill narrow — benefiting only students already enrolled in college when the in-state tuition ban took effect in 2011 — believing it was the only way it would pass. Similar legislation was shot down last year after a fierce lobbying blitz by opponents who saw it as a form of “amnesty” for people here illegally.

Among the supporters of Leising’s bill is Sen. Carlin Yoder, R-Middlebury, who voted for the original 2011 law. His change of heart came after hearing from students adversely affected by the 2011 law, including a college student who’d been brought to the U.S. illegally when she was 2 months old.

“These kids are victims,” Yoder said during a hearing on Senate Bill 207. “They‘ve done nothing wrong. They are not at liberty to tell their parents what to do when they cross this border, and I’m not sure how we as a society here in Indiana benefit by trying to limit their possibilities.”

That’s the case Kubacki is hoping to make as well in the House. Kubacki, whose maiden name is Espinoza, is a second-generation American and the daughter of migrant farm workers.

As a freshman legislator, she voted for the 2011 law. Its defenders at the time said it would it send a clear message that Indiana would no longer be a “sanctuary” for undocumented workers who were in the U.S. illegally because of the federal government’s failure to act on illegal immigration.

But she later came to regret that vote, especially after hearing from students who dropped out of college because they couldn’t afford the non-resident tuition; it’s $31,000 a year at Indiana University compared to $10,000 for in-state students.

“We changed the rules on these kids, which is just not the fair thing to do when they were already in college and headed on a career path,” Kubacki said.

“At the time when I supported the bill, I was looking at things in a very black-and-white fashion,” she added. “But when you stand back and analyze things, things aren’t black and white. There is a lot of gray.”

Kubacki and Leising argue that the state of Indiana already educates thousands of children of undocumented workers in the state’s K-12 schools, which are barred by federal law from asking students to prove their citizenship status. And they say Indiana, which ranks in the bottom 10 states for residents with college degrees, shouldn’t be cutting off access to college for those who want it. “Our public K-12 system is accepting 100 percent of these students,” Leising said. “But what we’re basically doing is saying to them: ‘When you graduate from high school, your education stops, unless your parents have become wealthy since they moved here.’”

Opponents of Senate Bill 207 remain steadfast. Sen. Mike Delph, R-Carmel, who argued for the 2011 bill that barred in-state tuition for students who couldn’t document they were here legally, argued against Leising’s bill. He said it may violate the equal protection clause of the Constitution and would allow foreign students who come to study in the U.S. legally to claim a right to in-state tuition.

Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com

 

1
Text Only
Breaking News
  • news_bostonofficerslain.jpg MIT honors officer slain after Boston Marathon bombings

    Like many other youngsters, Sean Collier wanted to be a police officer. Unlike most, he brought that dream to life — and then died doing it, becoming a central character in the gripping hunt for the Boston Marathon bombing suspects.

    April 19, 2014 1 Photo

  • news_eyewitness.jpg Eyewitness testimony no longer a gold standard

    The American legal system offers few moments as dramatic as an eyewitness to a crime pointing his finger across a crowded courtroom at a defendant. The problem is that decades of studies show eyewitness testimony is right only about half the time.

    April 19, 2014 1 Photo

  • FEA - HB0121 - flu - 05 Second wave of milder flu hitting Northeast

    Months ago, the flu season seemed to be winding down. But health officials on Friday reported widespread flu-like illnesses in six states.

    April 18, 2014 1 Photo

  • NWS - HB0525 - marijuana - JM -pic (4).jpg Colorado deaths stoke worries about pot edibles

    A college student eats more than the recommended dose of a marijuana-laced cookie and jumps to his death from a hotel balcony. A husband with no history of violence is accused of shooting his wife in the head, possibly after eating pot-infused candy.

    April 18, 2014 1 Photo

  • news_skoreaferry.jpg Ferry captain arrested in South Korea disaster

    A prosecutor says the captain of the South Korean ferry that sank two days ago has been arrested.

    April 18, 2014 1 Photo

  • Clinton visit.jpg Documents: Clinton sought GOP support for health care

    Thousands of pages of documents from President Bill Clinton's White House affirm a longtime adage: The more things change, the more they stay the same.

    April 18, 2014 1 Photo

  • Student struggles to recount fatal truck-bus crash

    Most of the 911 calls from witnesses to last week's fiery truck-bus collision that killed 10 were matter of fact. Then there was the one from a passenger: With shrieks in the background, the student struggled to recount how a truck came roaring toward them.

    April 18, 2014

  • Magnitude-7.5 earthquake shakes Mexican capital

     A powerful, magnitude-7.5 earthquake shook central and southern Mexico on Friday. The U.S. Geological Survey said it was centered northwest of the Pacific resort of Acapulco, where many Mexicans are vacationing for the Easter holiday.

    April 18, 2014

  • Doomed ferry's sharp turn, slow evacuation probed

    The investigation into South Korea's ferry disaster focused on the sharp turn it took just before it began listing and on the possibility that a quicker evacuation order by the captain could have saved lives, officials said Friday, as rescuers struggled to find some 270 people still missing and feared dead.

    April 18, 2014

  • Avalanche sweeps down Everest, killing at least 12

    An avalanche swept down a climbing route on Mount Everest early Friday, killing at least 12 Nepalese guides and leaving three missing in the deadliest disaster on the world's highest peak.

    April 18, 2014

Featured Ads
More Resources from The Herald Bulletin
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Helium debate
Helium
Front page
Poll

What do you think of Anderson's decision to have an Independence Day parade and other festivities on July 3?

That's great!
Should be OK
What a waste of money!
     View Results