Virginia Says No to Hispanic Students

April 20, 2004 (Hispanic PR Wire) - Hispanic and immigrant-rights organizations criticized the Virginia attorney general today for issuing a directive that warns the state's public colleges not to enroll undocumented immigrants – and to report those on campus to federal authorities.

Attorney General Jerry W. Kilgore issued the memorandum to state higher education officials in September, citing concerns that undocumented immigrants could be taking seats at state colleges that would otherwise go to U.S. citizens.

But it wasn't until today that Hispanic and immigrant advocacy groups called attention to it, holding a press conference to complain that Kilgore's actions go beyond any federal or state law. The memo, they said, asks educators to act as police, potentially violating confidentiality policies.

Tim Murtaugh, a spokesman for Kilgore, defended the ruling, saying "this is about differentiating between those who obey the law and those who willfully break it."

The dispute is part of a larger national debate over whether to extend public benefits to the children of undocumented immigrants.

In recent years, a few states – including New York, California and Texas – have moved in the other direction, not only allowing undocumented students to enroll in public colleges but also granting them in-state tuition. And a bill introduced by Sen. Orrin Hatch (R-Utah) would encourage other states to do the same.

Advocates for such measures say states should encourage children of undocumented immigrants to become productive members of society. "They've gone to high school here, they're hard-working and high-achieving. We say in this country that if you work hard you should be able to achieve the American Dream," said Tisha Tallman, regional counsel for the Mexican American Legal Defense and Educational Fund, which organized today's press conference.

Immigrant-rights activists estimate that about 50,000 undocumented immigrants graduate from U.S. high schools every year. It is unclear, though, how many go on to college. Most college applications ask students if they are legal residents, but the institutions are rarely able to do background checks of their own.