Providing In-State Tuition for Illegal Aliens: A Violation of Federal Law by Hans von Spakovsky and Charles Stimson.
Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law, and the legal arguments offered to justify such actions are untenable, no matter what other policy arguments are offered in their defense. Because at least one federal court of appeals has held that there is no private right of action under the specific statute in question—§ 1623 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996—the U.S. Department of Justice must enforce this statutory provision against states that have violated federal law. Yet even as it sues states like Arizona and Alabama for trying to assist the enforcement of federal immigration law, the U.S. government refuses to sue states that are incontrovertibly and brazenly violating an unambiguous federal immigration law. Such inaction is unacceptable: The President and the Attorney General have an obligation to enforce every provision of the United State’s comprehensive federal immigration regulations—including the federal law prohibiting state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State.”