Thursday, June 30, 2005

LEGAL immigrants in 2004 946,142

If anyone wants to know how many LEGAL immigrants in 2004 see

For any real "number nuts" see U.S. Legal Permanent Residents: 2004 Legal immigration increased 34 percent from 705,827 in 2003 to 946,142 in 2004 . . .

In 2004, nearly one-fifth (19 percent) of all persons becoming LPRs were born in Mexico.

The second leading country of birth was India (7.4 percent), followed by the Philippines (6.1 percent), China (5.4 percent), the Dominican Republic (3.2 percent), El Salvador (3.1 percent), Cuba (2.2 percent), Korea (2.1 percent), and Colombia (2.0 percent).

These 10 countries represented 53 percent of all new LPRs in 2004.

Sunday, June 26, 2005


Cannon MALDEF Award With Rep. Cannon saying that in Utah the distinction isn't often made between legal and illegal immigration.

am·nes·ty (`am-nəs-tē) -ties An act of clemency by an authority (as a government) by which pardon is granted esp. to a group of individuals (illegal-alien farm workers seeking amnesty - National Law Journal)

When is an amnesty not an amnesty? When it is proposed by a Republican.

EXCERPTS FROM HR 3142 AGJobs (102 pages), (I think there supposed to be a "penalty" in it somewhere; but I didn't find it -except on employers for improper paperwork):

"Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under subsection (a), such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act" (pg 6, Lines 13 -19)

$160 Million total to create and run the amnesty bureaucracy.

"There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2004 through 2007 to the Secretary to carry out this section." (Pg 31, line 10-13)

Children of the illegals also given permanent status - even if not in the US???

"Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted temporary resident status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident." (Pg 15)

They don't even have to be in the US:

"The Secretary, in cooperation with the Secretary of State, shall establish a procedure whereby an alien may apply for temporary resident status under subsection (a) at an appropriate consular office outside the United States."

Unrestricted number eligible(?):

"The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C.1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section."

Wednesday, June 15, 2005

Instate tuition Hearing

Undocumented students may lose in-state breakThe joint Education Interim Committee voted Wednesday to support repealing a law that allows some undocumented students to pay in-state tuition at Utah colleges and universities.

Waiver for illegals on shaky ground
By Shinika A. Sykes The Salt Lake Tribune
Children of illegal residents may no longer be eligible for reduced in-state college tuition at Utah public colleges and universities if a 3-year-old state law is reversed. That reversal gained momentum Wednesday when the Legislature's Education Interim Committee voted along party lines, 10-3, to send House Bill 239 directly to the House floor during the 2006 session. HB239 was ready for passage during the 2005 Legislature, but was delayed when questions arose over whether federal law prohibits Utah from providing higher-education opportunities to illegal residents. In addition, lawmakers were concerned that the current law harms U.S. citizens from out of state who are forced to pay higher tuition. "If it stays on the books, it's an amnesty bill," said Rep. LaVar Christensen.

Urquhart on InState Tuition for illegals
Wednesday, June 15, 2005

Education, Immigration, and Constitutional Law 101

In establishing the Constitution, the people, through their states, gave certain powers to the federal government. These are called delegated or enumerated powers. Governmental powers not given to the federal government (all others) are called reserved powers. The rules are simple: the federal government acts in areas of its enumerated powers, and the states act in areas involving reserved powers.

Today, in the education committee we addressed 2 important issues. I wish that our committee broadcasting system already were in place. Today's hearing would have been very interesting to all Utahns and would have provided a great constitutional lesson. We addressed K-12 educational testing requirements, and we addressed college tuition for illegal aliens. Both issues potentially pack dramatic, life-altering implications.

However, because of the constitutional structure of our Nation, the two issues must be addressed in different fashions.Dr. Patti Harrington discussed the layers of testing we require of our K-12 students. She pointed out that the testing regime is an important part of the State's comprehensive assessment and accountability system (which we desire to implement, instead of the federal system dictated by No Child Left Behind). Can Utah do better? Absolutely. The push-and-pull with the federal government has prompted us to look more closely at what we're doing. We’re working to make improvements – as we should. Authority to govern education matters is a reserved power; it is a “state’s rights” issue.

We also discussed Utah’s existing law allowing illegal aliens to pay in-state tuition at our colleges and universities. The Committee took the action to advance a bill that would repeal the statute. Because this involves a very passionate issue, some might instinctively say “good,” and others might instinctively say “bad.” Whatever one’s underlying feelings are, the decision was driven by the constitutional structure of our nation. Immigration, unlike education, is an issue that has been delegated to the federal government.The federal government has declared, as it can, that states shall not offer in-state tuition to illegal aliens.

The House conference report states, “This section provides that illegal aliens are not eligible for in-state tuition rates at public institutions of higher education.” Likewise, Senate sponsor Alan Simpson stated, “Illegal aliens will no longer be eligible for reduced in-State college tuition.” Our Utah statute is at odds with federal law and, therefore, must yield.A lot of the arguments against repeal were very emotional. But, as I stated in committee, “This is not an emotional issue; this is a Constitutional issue.” Also, it is a very serious dollars and cents issue.

Because the federal law establishes that Utah can't give illegal aliens a tuition break that it doesn't give all Americans, there is a great threat that all out-of-state students who have paid more than the in-state tuition paid by illegal aliens for Utah colleges and universities could file a class action suit to get back that additional money -- $100,000,000 since the statute went into effect and growing at about $30,000,000 every year it stays in place in the future. Clear law and a serious threat of liability dictated the outcome.One member of the committee stated after the votes that she thought the committee was inconsistent in demanding state's rights on one issue and deference to the federal government on the other. Rep. Christensen correctly pointed out that it is the Constitution that demands state's rights on the education issue and deference on the immigration issue. Our founders imposed an order; though I think the federal government has lost all concept of that fact, governments must act accordingly.

Tuesday, June 14, 2005

Utah Illegal alien tuition law

The current law reads as follows:

53B-8-106. Resident tuition -- Requirements -- Rules.
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
(3) The State Board of Regents shall make rules for the implementation of this section.
(4) Nothing in this section limits the ability of institutions of higher education to assess nonresident tuition on students who do not meet the requirements under this section. Enacted by Chapter 230, 2002 General Session

Notice the exclusion of the bolded item above in the current School Board implementation rule:

R513-13. Exemption from Paying Nonresident Portion of Tuition for Certain Students - Pursuant to §53B-8-106
13.1. Exemption for Certain Students with Utah High School Graduation - A student, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonrsident portion of total tuition if the student:
13.1.1. attended high school in Utah for three or more years;
13.1.2. graduated from a high school in this state or received the equivalent of a high school diploma in Utah; and
13.1.3. registers as an entering student at a System institution not earlier than the fall of the 2002-03 academic year.
13.1.4 Affidavit - In addition to the requirements of 13.1, a student without lawful immigration status shall file an affidavit with the System institution stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.

Illegal Alien Education Costs

At least one person understood.

Mexico should pay for its own,1249,600141933,00.html
I couldn't agree more with Robert Wren's call (Readers' Forum, June 14) for the state of Utah to do an in-depth analysis of the cost of illegal aliens to the taxpayers of this state. Until a few years ago, like many Utahns, I was unaware of the extent of the problems of illegal immigration. However, after having recently returned from living in Mexico for several years and from my extensive study of this issue, I would like to point out something which few people seem to be aware of: Mexico is a very wealthy country with abundant natural resources.

Yes, there is much poverty, but it stems from the refusal of the ultra-wealthy class to pay taxes or to invest in economic development. They would rather see United States citizens tax themselves to pay for Mexico's most pressing problems. I protest my tax dollars being spent to pay for those things for which wealthy Mexicans could — and should — pay to help the citizens of their own country.
Laura MortensenSandy

Utah needs an AUDIT

In June of 2004, the Government Accounting Office attempted a study to estimate State-by-State Costs of educating Illegal Alien Schoolchildren. They were unable to do so because the States queried could (or would) not provide a number of illegal alien students. Utah was one of the states unable, or unwilling, to provide such information.

With a conservative estimate of 20,000 illegal alien students attending public schools in Utah at a cost of at least $4,000 to 6,000 to per student, the cost to Utah taxpayers is undoubtedly over $100,000,000 per year.

It is time for the State of Utah to do an in depth analysis of the cost of illegal aliens to the taxpayers of Utah, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
A legislative audit discovered 95,000 illegal aliens had been issued Driver's Licenses and many voting in recent elections, resulting in the Driver "Privilege" Card. Hopefully a Cost study might result in similar restrictions on taxpayer funded benefits to illegal residents.,1249,600141210,00.html

3 Comments on article

Saturday, June 04, 2005

Debate on Instate Tuition bill

The audio debate on HB 144 can be found at:

Rough paraphrase audio lasts 46 minutes
Ure's bold comment about 10 mnutes in.

Rep Ure (Bill Sponsor) matter of economics - $16k "investment" in education - will give lifetime benefits Congress in turmoil on issue "only 10-20 people" will be involved in Utah

Rep Parker opposed - employers should pay for education

Dayton amendment: allow instate tuition for all US resident to comply with Federal law.

Ure: in response to proposed amendment: paraphrase: "Bill will not go into effect until US Congress allows it. That provision is in the bill.

Throckmorton: consider one legal, one illegal immigrant - illegal gets benefit, legal does not.

??? We are confusing illegal with undocumented, don't punish children. This is for the children of illegals who have gone through the school system (at taxpayer expense)

Urquhart: Fiscal note on existing bill. Ure says 10-20 per year UU resident vs. non resident $5931 difference $1,920,000 total over four years. many Utahns can't afford - shall we subsidize utahns or illegals? Offered exemption 25% of non resident difference.

Ure: So what if it is a million $, what's baby your baby, food stamps costing If he graduates he can make more money and help community.
These people are here no stay, better education, better job.

Ferrin: How many current students will this effect? Non necessarily a cost - may just be an incremental increase by more students. Marginal costs

Newbold: empathy How can they become citizens? Why provide to people who can not become Legal Permanent Residents. The students MAY be able to get that status, need requirement for step towards legalization. Amend "shall become a LPR" (action to have been completed)

Ure: OPPOSED If they could have done it they already would have done it In the next couple of months, Congress will be changing the situation in a few months. Quick LPR is someone's dream - It takes much longer (Hatch's Act is a Dream - or a Nightmare, here we are three years later and nothing has happened - but Utah is allowing illegals instate tuition.)

Motion to circle: Ure opposed Knowledge from INS is not there. Waiting for weeks vote the bill, stop wasting time. FAILED

??? If student applies for legal status he might be deported, because they admit their illegal status.

Newbold Amendment defeated.

Urquhart: Significant financial cost to Utah 25% amendment failed

Ure: College grad pays more taxes will pay back his $20,000 Illegals come to help their children,, have the drive to make US better

Bill Passed

Wednesday, June 01, 2005

Noncitizen Eligibility for Public Benefits

The CRO uses another euphemsim "unauthorized aliens"

Another fascinating report from the Congressional Research Office (LPR = Legal Permanent Resident):

Issue Brief for Congress
Noncitizen Eligibility for Public Benefits

Prior to 1996, LPRs were eligible for federal public assistance under terms comparable to citizens, and states were not permitted to restrict access to federal programs on the basis of immigration status. The 1996 welfare reform law (P.L. 104-193) instituted a 5-year bar for most newly entering LPRs and generally allowed the states to bar noncitizens from Medicaid and Temporary Assistance for Needy Families (TANF), with exceptions for LPRs with 10 years of work history and for certain humanitarian cases, such as refugees and asylees. As the result of perceived abuses and budgetary concerns, it also barred most legal aliens (again excepting LPRs with 10 years of work history and certain humanitarian cases) from Supplemental Security Income (SSI) and food stamps.

As the 107th Congress considers legislation to reauthorize federal public benefit programs, the crux of the noncitizen eligibility issue is what classes of LPRs should be eligible for assistance and what types of assistance should be available to them. Several significant legislative proposals expanding noncitizen eligibility for TANF, SSI, and Medicaid/State Children’s Health Insurance Program (SCHIP) are before Congress.

Noncitizen eligibility also was a key issue in the comprehensive legislation reauthorizing Agriculture Department programs (H.R. 2646, known as the “farm bill”), because the bill includes changes to the Food Stamp program. (See CRS Electronic Briefing Book, Welfare Reform, page on “Noncitizens,” available at []; and CRS Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance Programs: Policies and Legislation.)