Colleges shut out illegal aliens

The policy is among America's toughest

North Carolina community colleges on Tuesday banned illegal immigrants from seeking degrees, a policy that is among the most restrictive in the nation.

Community College System President Scott Ralls said he based the decision on the advice of the state Attorney General's Office, which said last week that federal law appears to prevent states from enrolling illegal immigrants in state colleges and universities.

"We sought that advice, and we plan to follow that advice until further clarification," Ralls said of the Attorney General's guidance.

The decision takes effect immediately at the system's 58 campuses and reverses a policy that allowed those students to enter and pay out-of-state tuition that more than covers the cost of instruction. It comes despite the federal government's assertion last week that it has no authority over admissions at North Carolina colleges, and despite Gov. Mike Easley's request that the colleges remain open to all.

Ralls said he will continue to seek clarification of federal law regarding the eligibility of illegal immigrants for postsecondary education, and that another policy change is possible. Ralls, who became president of the system this month, said this is the fourth time since 2001 that the system has changed its policy on illegal immigrants.

"It's the issue of the day," Ralls said. "We're trying to navigate our way as best we can."

Toughest restrictions

Several immigration law experts say they know of no state that bars illegal immigrants from public colleges and universities. Officials in Easley's office said last week that, if the state's colleges and universities followed the attorney general's advice, North Carolina would be the only state to restrict admissions based on immigration status. Easley asked the colleges to continue admitting students regardless of their immigration status.

Easley's office released a brief statement about the community college decision Tuesday: "It is odd the community colleges would ask for clarification on the law and then change the policy before they get the clarification."

Undocumented students will still be allowed to enroll in non-degree programs, including GED classes, English-as-a-second-language courses and classes for high school credit. Of the 300,000 students in degree programs at the state's community colleges, 112 are undocumented; those students will be allowed to remain, the statement from the community colleges said.

The advice from the office of Attorney General Roy Cooper came in a May 6 advisory letter, which cited a federal law that deems illegal immigrants ineligible for public benefits, including post-secondary education. It said the Department of Homeland Security was responsible for enforcing the law and described its interpretation as "unsettled." However, the letter recommended that the community colleges return to a 2001 policy that prohibited illegal immigrants.

Campuses had been allowed to set their own policies since 2004, and about a third excluded illegal immigrants. But in November, then-President Martin Lancaster required all schools to admit students regardless of immigration status.

The policy sparked so much controversy that the Community College System asked Cooper's office for an opinion.

The Department of Homeland Security responded to the advice Friday, saying that it had no authority over admissions at North Carolina colleges.

On Tuesday, Cooper's office said in a statement it was seeking more guidance from federal officials. Spokeswoman Noelle Talley said that the community colleges' 2001 policy had never received a legal challenge.