A state representative from Jacksonville filed legislation Monday that could eventually prevent illegal immigrants from attending the state's public universities and community colleges.

Rep. George Cleveland's legislation asks the House and Senate to consider taking up a bill that would ban illegal immigrants from state colleges. If he succeeds, he would follow up with the actual legislation. He was lining up other sponsors for that second bill Monday night.

"I just strongly feel that our universities and community colleges are for our kids," said Cleveland, a two-term Republican.

The process to pass a ban at this time is cumbersome because this is the legislature's short session, and the rules typically prohibit lawmakers from taking up bills that did not pass either chamber last year during the long session. So Cleveland needs lawmakers to vote to give his proposed ban consideration before they can actually vote for or against it.

UNC system and community college officials say a tiny minority of their students are illegal immigrants. Those students are required to pay more expensive out-of-state tuition. State officials say these students are therefore subsidizing North Carolinians who pay in-state rates.

Their admittance into the colleges became an issue in December, when the community college system announced a new policy that said all 58 campuses should admit students regardless of their immigration status. The decision sparked a national furor and led the community college system to seek an opinion from state Attorney General Roy Cooper's office.

His office issued an opinion this month saying that federal law appears to prevent states from enrolling illegal immigrants in state colleges and universities. The community college system announced last week that it would follow the opinion and no longer admit illegal immigrants.

Gov. Mike Easley said, however, that the community colleges should disregard the opinion. He said no other state has such a ban. U.S. Department of Homeland Security officials have said that they do not have authority over admissions to North Carolina colleges.

UNC system officials are continuing to admit illegal immigrants until the legal questions are resolved.

Cleveland said he is filing his legislation to settle the issue.

House Speaker Joe Hackney, an Orange County Democrat, was noncommittal on the legislation Monday night.

"Our House [Democratic] caucus has not talked about it yet," Hackney said.

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