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!

 

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."

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!

 

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.
  • Florida House Speaker  - Johnny Byrd  Telephone: (850) 488-0807 Fax (850) 488-1456

  • Florida House Designate - Allan Bense  Telephone: (850) 488-9696  Fax (850) 414-6133

  • Florida Senate President - James King, Jr.  Telephone: (850) 487-5030 Fax: (850) 487-5368

  • Florida Senate President Designate - Tom Lee  Telephone: (850) 487-5072 Fax (813) 744-8556

  • Your Florida Representative and Senator

  • 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:

  • 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:

  • 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;

  • 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.

  • Illegal aliens would still be able to attend college but at the same rate given to international students and non-Florida citizens.

  • 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 costs for Florida schools has recently risen 7.5% so it is fiscally irresponsible to fund subsidies for illegal alien's college.  From the April 25, 2005 Miami Herald:

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."

  • 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

  • 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.

--------------------------------------

  • 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 colleges 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 Governments 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.

  • Passage of the law could mean huge financial risk to Florida's colleges and universities. Friends of Immigration Law Enforcement (FILE) has notified Senate President Jim King an anti-discrimination lawsuit demanding equal subsidies for non-Florida citizens could be likely.  FILE has notified the State of Florida of potential litigation as follows:

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