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CORRECTION
A story in Sunday's Triangle & State section misstated the number of students waiting to be admitted to Wake Tech's nursing program. About 1,400 are on a waiting list.
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At first, some Latino advocates celebrated news that North Carolina community colleges would open their doors to illegal immigrants. Last week, they lamented that the opening was no more than a crack.
The Sept. 18 decision from the State Board of Community Colleges allows undocumented students to enroll in degree programs at all of the state's 58 campuses, but it won't take effect until at least next fall because of a slow-moving administrative rules review process. And if enough people object, the rule could face a vote by the General Assembly, which has the power to kill it.
If the rule is approved, undocumented students will get last priority for classes at a time when surging enrollments have filled classrooms to capacity. And out-of-state tuition of $7,700 per year will be out of reach for many of the children of low-wage workers.
"We cannot call this a victory," said Andrea Bazan, a longtime activist who has pushed for in-state tuition for illegal immigrants. "We are continuing to shut the doors for bright kids."
Last week, the rule began its journey through an administrative process that requires a 60-day public comment period. Once that is complete, citizens can make formal objections to the rule. If at least 10 do so, the rule must be voted on by the General Assembly when it convenes in May.
House and Senate Republican leaders said last week that they would organize an effort to oppose the rule. They said they weren't sure they would be successful, in light of past bills on the issue that have been killed by Democratic leaders.
But this time, Democrats such as Gov. Beverly Perdue and Lt. Gov Walter Dalton have publicly opposed the rule. And at the board meeting where it was approved, a crowd of protesters gathered, saying illegal immigrants should not get public resources during a recession.
"Next year's an election year, and the new rule is not a thing that the people of the state appear to want," said Sen. Phil Berger, an Eden Republican.
While the rule waits in limbo, some say the colleges should begin admitting undocumented students now. In May 2008, the decision to bar illegal immigrants took effect immediately. And the board has established that no state or federal law bars their admission.
"If overnight they can say, 'You can't come in,' why does it take so long to say you can?" said Tony Asion, head of the statewide Hispanic advocacy group El Pueblo. "We can't understand that."
Many changes
Board members say they want to make sure that the decision is legal and enforceable before they put it into practice. In the past few years, the colleges have changed their policies on admitting illegal immigrants several times.
"We have been so embarrassed by the multiple changes of course that we don't want to take any risk," said Dr. Stuart Fountain, a board member from Asheboro who led the effort to craft the new policy.
If enrollment growth continues at its current pace, however, many classes will be filled before undocumented students can enroll.
Under the proposed rule, illegal immigrants can be given seats only after legal residents get spots.
Last academic year, the state's colleges added about 15,000 full-time students, about 7 percent growth. System-wide numbers for this year are not yet available, but at Wake Tech, more than 18,000 students applied this fall, 20 percent growth over last year.
Of those, only about 8,000 actually registered for classes. "What happened to the other 10,000?" said Wake Tech spokeswoman Laurie Clowers. "Many of them, we believe, just couldn't get the classes they wanted."
Clowers said 1,400 students are on a waiting list for the nursing program.
'A federal issue'
Board members said they did the best they could with a contentious issue. They said they could not ignore concerns that illegal students would take spots from legal residents.
Board member Allen Wellons, a Smithfield lawyer, said he would have liked to do more for undocumented students, many of whom came here as young children. He said he hoped for a policy at least in line with the state's university system, which does not give illegal immigrants lower priority, and would eventually like to offer in-state tuition to undocumented students under 21.
But Wellons said the issue is too complex, and too emotional, for the board to make much headway.
"This is a federal issue," he said. "Our country should stand up and do what is right. We have used the labor that Hispanics have provided without repaying them. It's not something that can be addressed by a community college board."
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