In a statement that defied the legal advice of the state's attorney general, Gov. Mike Easley told community colleges Thursday that they can set their own admission standards, which currently welcome students regardless of their immigration status.

"The Community College board should continue its current policy, which is consistent with other states," Easley's statement said.

The Attorney General's Office released a letter Wednesday advising the colleges that federal law prohibits illegal immigrants from attending public colleges and universities. The advice, if followed, would reverse admissions policies at the state's 58 community colleges and 16 public universities, all of which admit illegal immigrants at out-of-state tuition rates.

The office issued the advice in the wake of a controversy that erupted in December after the state Community College System issued a memo requiring its campuses to admit students regardless of their immigration status. Until then, each campus set its own policy and about a third of the campuses denied admission to illegal immigrants.

The public outcry became a national issue and was so overwhelming that the colleges asked for the legal opinion from the office of Attorney General Roy Cooper.

On Thursday, community college administrators spent hours in meetings discussing the letter, and spokeswoman Audrey Bailey said late in the day that they would not make a statement until today. The UNC system also declined to make a formal statement.

However, Holden Thorp, who was named chancellor of UNC-Chapel Hill on Thursday, said during a news conference that the university system planned its own study on the issue and that the school won't make any decisions until the study is complete.

Only a handful of illegal immigrants attend North Carolina's universities and community colleges. The UNC system says 27 of its more than 200,000 students are illegal immigrants. The community colleges have reported that 340 of their 271,000 degree-seeking students are here illegally.

Sherri Johnson, a spokeswoman for Easley, said the governor's office knows of no other state that bars illegal immigrants from college.

In his statement Thursday, Easley asked the Attorney General's Office to seek clarification of federal law from the Department of Homeland Security. The 1996 federal law on which the office based its advice has been interpreted differently in different circumstances, according to the advisory letter written by general counsel J.B. Kelly, and it is not clear whether or how the Department of Homeland Security enforces the law.

AG 'stands ready'

Noelle Talley, spokeswoman for the Attorney General's Office, said Cooper's office "stands ready" to request more information from the federal government for the community colleges. She did not say whether any request has been made, and declined to comment beyond a brief written statement.

Officials with U.S. Immigration and Customs Enforcement were not available Thursday to provide more information about the law.

Johnson said that Easley's office has examined the law and that the governor does not believe it bars illegal immigrants from public college education.

The law, part of the U.S. Code titled Aliens and Nationality, lists post-secondary education among the public benefits for which illegal immigrants do not qualify, along with welfare, public housing and unemployment benefits. But the list ends with the phrase "or any other similar benefit for which payments or assistance are provided ... ."

The state pays nothing to educate illegal immigrants at its colleges. Their out-of-state tuition is more than the cost of their instruction, the colleges and universities say, which means the state profits from their admissions.

"Federal law prohibits 'payments or assistance,' " Johnson said. "Admission of a person to a community college does not violate this federal law."

Leaders at several community colleges were reluctant to jump into the fray, saying only that they would do as directed by the Community College System.

Stephen Scott, president of Wake Technical Community College, said that it's important to remember that only a handful of illegal immigrants attend community colleges in North Carolina and that their tuition is a boon to the state's budget. He said there are five illegal immigrants seeking degrees on his campus.

"I don't completely understand why it appears to be such a major issue," Scott said. "We just want someone to make a decision we can stick with."

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