Attorney general's ruling favors immigrants

Cooper's office says illegal immigrants may attend community colleges

In a reversal of its former advice, the state Attorney General's Office said Friday that no law bars illegal immigrants from community colleges.

But it's not clear when or whether those illegally in the United States will again be admitted to North Carolina's 58 community colleges.

Scott Ralls, president of the Community College System, said Friday that its board must decide whether to allow students who cannot prove legal status. He made no promises, even though he and members of the board have said in the past that they would like to admit illegal immigrants.

"We have a great belief in our foundation of open-door policies," Ralls said. "But we believe that this is an important decision that doesn't need to be made overnight."

Board Chairwoman Hilda Pinnix-Ragland said in a statement that the board will discuss the issue at its next meeting, set for Aug. 14 and 15.

The Community College System has changed its position on allowing illegal immigrants four times since 2001. Most recently, in May, it barred them from degree programs on the advice of the state Attorney General's Office.

At that time, J.B. Kelly, general counsel for Attorney General Roy Cooper, said higher education, even at out-of-state tuition rates, might qualify as a public benefit to which illegal immigrants are not entitled under federal law.

The system quickly changed its policy to reflect that advice, but it allowed the estimated 112 students who were already enrolled to remain. It also requested clarification of federal law. That clarification arrived this week.

The University of North Carolina system declined to change its policy, which allows illegal immigrants to attend at out-of-state tuition rates. University officials say that fewer than 30 of their students are undocumented.

'States must decide'

Federal Immigration and Customs Enforcement officials wrote in a letter, which the Attorney General's Office received Monday, that "the individual states must decide for themselves whether or not to admit illegal aliens." The letter was written by former Mecklenburg County Sheriff Jim Pendergraph, who became well known for helping ICE deport illegal immigrants before taking a job with the federal agency.

ICE made the same statement to The News & Observer in May, but officials with the community colleges and the Attorney General's Office said they wanted to wait for an official letter.

The new advice prompted celebration from immigrant advocates and consternation from those who think illegal immigrants have no place in the state's colleges.

Republican legislators said the state should settle the issue by passing a law that definitively closes public colleges and universities to illegal immigrants. They say illegal immigrants take spots that should go to legal residents.

They'll try again

Attempts to pass such a bill failed in the most recent session, but legislators promised Friday to propose similar legislation again next session.

"At some point, the will of the people will need to prevail," said Senate Republican Leader Phil Berger of Eden. "The vast, vast majority of people in North Carolina think it is wrong for the community colleges to admit illegal immigrants."

House Republican Leader Paul Stam of Apex said he thinks the Attorney General's Office intended all along to reverse its advice. He said the office issued the May opinion only to stave off legislation in this year's session.

"It was playing dodge ball," Stam said.

Advocates said Friday's decision was a boon to many high school students who have hopes of furthering their education.

"I'm breathing a sigh of relief for the many kids that can now go to school with their heads held high," said Andrea Bazán, president of the philanthropic Triangle Community Foundation and a supporter of in-state tuition for illegal immigrants.

Tony Asion, director of the Hispanic advocacy group El Pueblo, said he is confident the colleges will now reverse their policy. But he acknowledged that next year's legislative session could hold more challenges. "It's a battle that's going to continue, unfortunately," Asion said. "But we'll take it one day at a time."