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Thread: In-State Tuition for Illegal Immigrants but not Vets

  1. #11
    Community Host wlillie's Avatar
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    Quote Originally Posted by ethanwinfield View Post
    Because that was DH's home of record. When we got married, I became a MO resident for purposes of tuition. This isn't something new. It doesn't matter if they are TX residents if he is permanently stationed in NC.
    That hasn't happened for any of the other spouses I know. That's why I said it was nice of them. And there is nothing in the federal law that says that dependants don't have to pay out of state if they aren't residents of the state (since there is nothing called permanently stationed in the military). It's up to each individual state. I'm guessing since I know how much my husband pays a year in state taxes on top of property taxes and a sales tax that gets added to his state income tax yearly, they aren't very military friendly.
    Last edited by wlillie; 10-16-2012 at 06:32 PM.

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    Posting Addict Spacers's Avatar
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    Quote Originally Posted by wlillie View Post
    It's another debate but I think it's bull**** that illegal immigrants get in state tuition in the first place. I would bet they get grant and scholarship money too. Ridiculous.
    Why should they *not* get in-state tuition when they are residents of a state? Why penalize them because their parents brought them here as little kids?

    And I don't know about other schools but, with the exception of a few scholarships & grants specifically targeting legal international students, my university only offered scholarships and grants to students who went through the Federal Student Aid application process. If you didn't have a FAFSA on record, you didn't qualify for anything else. I really don't see a lot of places clammering to offer free money to illegal immigrants; offering a stepping stone to a better future is different than offering a handout.
    Last edited by Spacers; 10-16-2012 at 06:50 PM.
    The number of U.S. states in which a person can marry the person they love regardless of gender: 30 and counting!

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    Community Host Alissa_Sal's Avatar
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    Quote Originally Posted by Spacers View Post
    Why should they *not* get in-state tuition when they are residents of a state? Why penalize them because their parents brought them here as little kids?
    Agreed. I also think that encouraging them to get their legal status and get education/training serves our communities far better than keeping them in the shadows without good opportunities.
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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    Quote Originally Posted by wlillie View Post
    That hasn't happened for any of the other spouses I know. That's why I said it was nice of them. And there is nothing in the federal law that says that dependants don't have to pay out of state if they aren't residents of the state (since there is nothing called permanently stationed in the military). It's up to each individual state. I'm guessing since I know how much my husband pays a year in state taxes on top of property taxes and a sales tax that gets added to his state income tax yearly, they aren't very military friendly.
    The Military Benefit. Under a special provision of North Carolina and federal law requires that non-resident active duty military personnel and their eligible family members be charged in-state tuition. If you are a member of the Armed Forces who is on active duty, or the spouse, dependent child or dependent relative of a member of the Armed Forces who is on active duty, you may qualify for the in-state tuition rate. This benefit applies to individuals in the U.S. Air Force, Army, Coast Guard, Marine Corps, Navy, and reserve units of these military groups, among others. If you believe this provision applies to you, please complete the Residence Status Supplemental Form for Members of the Armed Services and Their Dependent Relatives. If additional information is needed, your admissions office may contact you.Residency - Office of the University Registrar
    Yes, there is. It is federal law that if you are a dependent of someone who is active duty military, you are eligible for in-state tuition in the state where they are stationed or their domicile.

    SEC. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS,
    SPOUSES, AND DEPENDENT CHILDREN.
    Part C of title I (20 U.S.C. 1015) is further amended by adding
    after section 134 (as added by section 113 of this Act) the following:
    ??SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
    FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT
    CHILDREN.
    ??(a) REQUIREMENT.?In the case of a member of the armed
    forces who is on active duty for a period of more than 30 days
    and whose domicile or permanent duty station is in a State that
    receives assistance under this Act, such State shall not charge
    such member (or the spouse or dependent child of such member)
    tuition for attendance at a public institution of higher education
    in the State at a rate that is greater than the rate charged for
    residents of the State.
    ??(b) CONTINUATION.?If a member of the armed forces (or the
    spouse or dependent child of a member) pays tuition at a public
    institution of higher education in a State at a rate determined
    by subsection (a), the provisions of subsection (a) shall continue
    to apply to such member, spouse, or dependent while continuously
    enrolled at that institution, notwithstanding a subsequent change
    in the permanent duty station of the member to a location outside
    the State.
    ??(c) EFFECTIVE DATE.?This section shall take effect at each
    public institution of higher education in a State that receives assistance
    under this Act for the first period of enrollment at such
    institution that begins after July 1, 2009.
    ??(d) DEFINITIONS.?In this section, the terms ?armed forces?
    and ?active duty for a period of more than 30 days? have the
    meanings given those terms in section 101 of title 10, United
    States Code.??.
    For my XDH, MO was his domicile. He never gave up residency in that state. As a military dependent, that made me eligible for in-state tuition in MO.

  5. #15
    Community Host wlillie's Avatar
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    Oh. I thought you guys were divorced before 2009. Sorry!

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    Community Host wlillie's Avatar
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    The article was updated; the proposal to allow illegal immigrants was rejected.

  7. #17
    Community Host wlillie's Avatar
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    Quote Originally Posted by Spacers View Post
    Why should they *not* get in-state tuition when they are residents of a state? Why penalize them because their parents brought them here as little kids?

    And I don't know about other schools but, with the exception of a few scholarships & grants specifically targeting legal international students, my university only offered scholarships and grants to students who went through the Federal Student Aid application process. If you didn't have a FAFSA on record, you didn't qualify for anything else. I really don't see a lot of places clammering to offer free money to illegal immigrants; offering a stepping stone to a better future is different than offering a handout.
    Why should they not be penalized? Why penalize kids whose parents raised them in a different state? Same difference except one is an illegal action and the other is a legal one.
    mom3girls likes this.

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    Quote Originally Posted by wlillie View Post
    That hasn't happened for any of the other spouses I know. That's why I said it was nice of them. And there is nothing in the federal law that says that dependants don't have to pay out of state if they aren't residents of the state (since there is nothing called permanently stationed in the military). It's up to each individual state. I'm guessing since I know how much my husband pays a year in state taxes on top of property taxes and a sales tax that gets added to his state income tax yearly, they aren't very military friendly.
    Quote Originally Posted by wlillie View Post
    Oh. I thought you guys were divorced before 2009. Sorry!
    Then why word it in the present-tense? If your military friends are being denied that benefit, they should follow up on it. "Permanent duty station" is the term used in the fed. law. That's the point though - since there is no permanency in the military, there would never be a way to establish residency for purposes of in-state tuition.

    Yep. He got out in 1997. All it took was a little research and persistence. Perhaps states with more military bases and personnel addressed the issue long before the federal government because both MO and CA had laws back in the mid 90s. (Don't know prior to that because it didn't effect me.)

    The HEA is reauthorized every 5 years. The HEOA was the 2008 reauthorization.

    To the woman in the article, it seems like she went the route that she was a resident because she owned a home in NC and a vet rather than citing her status as a dependent of someone stationed in NC.

  9. #19
    Community Host Alissa_Sal's Avatar
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    Quote Originally Posted by wlillie View Post
    Why should they not be penalized? Why penalize kids whose parents raised them in a different state? Same difference except one is an illegal action and the other is a legal one.
    A kid raised in another state can get in state tuition: in their state where they were raised.

    You may not like it, but the kids of illegal immigrants who are graduating here are already here, and for many of them it's the only home they know. DH worked with a ton of "illegal" kids when he worked for the Adams County school district, and many of them had been here since they were little and completely considered the US their home, like any kid who had been raised here would. I don't know what you think a better solution would be - keeping them from opportunities so that they live here in poverty, making them that much more likely to get involved in criminal activities since they literally have no access to legal opportunities? Taking a kid who has lived here since he was 3 and ripping him away from everything he knows and sending him to live in a country that he doesn't even remember? Don't you think he'll try to come back to get back to his life that he knows? Wouldn't you? I think putting programs in place so that these kids have a way to get legal status and become high functioning members of society is a waayyy better solution for everybody (including our community.)
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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  10. #20
    Community Host wlillie's Avatar
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    I just think they should have to contribute before they get the same benefits as those who are legally here. I think it's ridiculous to pretend like the illegal action of their parents shouldn't affect their tuition rates in the same way as the legal actions of an out-of-state parent. Why on Earth should they be able to get the education they want cheaper than someone born a few miles in a different direction despite the fact that they aren't even here legally? That's why we have such a huge immigration problem. People pretend like these kids are being raised to be contributing citizens and most of them aren't. If their parents were the kind of people to make good choices, they would have started the paperwork the 15 years their kids have been here. Send them back or get them to do the paperwork and pay the fees, we have enough problems with the bad choices people make that are legally here.

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