The Mexican American Legal Defense and Educational Fund, a group that represents immigrants and Mexican-Americans, is protesting a memo issued by Virginia Attorney General Jerry Kilgore's office in September that says public colleges and universities should deny admission and in-state tuition to illegal immigrants.
Kilgore spokesperson Tim Murtaugh said the policy is not about deciding who is best qualified to attend Virginia's colleges, but instead aims to protect taxpayers and encourage adherence to immigration laws.
"I have no doubt that many students who are illegal residents may turn out to be excellent students," Murtaugh said. "However, there is a process by which they can become legal and it's not too much to ask that they become legal residents before they start attending taxpayer-funded schools."
James Ferg-Cadima, legislative analyst for the Fund, said attaining legal residence status is not an easy task for young people because they are not easily able to access traditional avenues for regularizing admission status, which are employment and a familial relationship with a legal resident.
"They are too young to do it through employment and additionally their relatives are often illegal," he said.
Ferg-Cadima said many illegal residents who wish to attend public colleges and universities have lived and attended school in the United States for the majority of their lives. Many of these students entered the country as young children, and closing higher educational opportunities off to these students because of parental action is unfair, he said.
"This is a unique population of students, [who attend primary and secondary public schools].What becomes of them becomes unanswered after graduation," he said.
He added there currently is federal legislation being considered in Congress that would provide an easier way for illegal aliens to become students and legal residents. Under this proposed legislation, "Anyone who has been here for five years and has good moral character and is likely to graduate high school will get legal permanent residence and work authorization," he said.
Murtaugh said university administrators, including professors, should inform state authorities of suspected illegal residents attending Virginia public schools.
Kilgore is encouraging university officials to disclose information about immigrant status to the Immigration and Naturalization Service and to the Attorney General's office, he said.
Ferg-Cadima said such encouragement was akin to "asking schools to engage in police functions."
University spokeswoman Louise Dudley said the University received the memo in September but will not be affected by the policy because the existing application process screens for illegal residents.
"U.Va. has been asking those questions for some time," Dudley said. "This is not anything new for us. When you fill out the application it asks 'are you a U.S. citizen.'"
She added that illegal residents are not eligible for in-state tuition or need based financial aid at the University, and that to her knowledge no illegal residents now attend the University.
Murtaugh said the state's first responsibility is to provide educational opportunities to legal residents.
"There are those who applied to U.Va. and were rejected.Presumably the majority of them are legal residents," he said. "If there is an illegal alien taking up your spot at the University, I don't suppose that would make you very happy."
But Ferg-Cadima said accepting applicants based on their merits, despite their immigration status, is ultimately the most beneficial choice for Virginia's colleges and universities.
"The fundamental function of universities is to educate the best and the brightest," he said. "It's counterintuitive to disallow students who have merit, and the skills, talent and drive to excel because of the actions of their parents."
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