Sheehan Questions Legality of In-State Tuition Decision [poll]

The following is a press release from the Legislative Press Bureau.

Sen. James C. Sheehan (D-Dist. 36, Narragansett, North Kingstown) said today he remains very concerned about the potential cost of the new policy adopted by the Board of Regents for Higher Education to grant in-state college tuition to illegal aliens who graduate from Rhode Island high schools.

He said he is also concerned that the board – an appointed panel that does not answer to the voters of the state -- usurped the authority of the General Assembly and may be in violation of federal law. As a result, he has written to the U.S. Attorney for the District of Rhode Island, seeking a legal opinion on whether the board violated federal law by implementing the policy through regulation rather than allowing it to be considered through the legislative process.

“This new policy ought to have been decided by the state legislature,” he said. “Indeed, based on federal law, this may be the actual case. Accordingly, I have requested that U.S. Attorney Peter F. Neronha render a legal opinion on the issue.”

In a letter sent last week to Neronha, Senator Sheehan referenced the 1996 law (title 8, Section 1621) that allows a state to provide someone who is in the country illegally with state or local benefits for which they would otherwise be ineligible unless the state enacts enabling legislation.

In addition to questioning whether the regents usurped the authority of the legislature, Senator Sheehan said he continues to be concerned about the cost of the policy, especially at a time when budgets are tight and cuts are being made to programs that benefit Rhode Island citizens, especially the neediest members of society.

“Advocates of the new policy boast that it will not cost the state any more money to permit illegal immigrants to attend state colleges or the university,” he said. “However, this fact ignores the real cost of the policy – opportunity cost. Extending the privilege of a college education to illegal immigrants at a subsidized in-state rate will deprive many Rhode Island citizens of the very same opportunity.”

“I do not believe it is fair to open a door of the American Dream for unlawful immigrants while, simultaneously, closing the same door on the dream of lawful citizens,” he said.