Suthers: Kids of illegal immigrants can be eligible for in-state tuition

The children of illegal immigrants can’t be shut out of cheaper in-state college tuition rates only because of their parents’ immigration status, state Attorney General John Suthers said in an opinion issued Tuesday.

Illegal immigrants are banned from most public benefits in Colorado, including in-state tuition. That rule doesn’t apply to the children of illegal immigrants who are U.S. citizens because they were born here, Suthers said in the written opinion.

“It is the student, rather than the parents, who is the legal beneficiary of in-state tuition status,” Suthers wrote. “The fact that the parents may be in the country illegally is not a bar to the student’s receipt of that benefit.”

The opinion does not mean the children of illegal immigrants are automatically eligible for in-state rates if they are citizens. For children who are dependent on their parents and younger than 22, the parents would still have to prove they’ve lived in Colorado for at least a year before applying to a state school.

Proving residency could require showing documents that are unavailable to illegal immigrants, such as papers verifying employment in Colorado or state voter registration. Illegal immigrants can’t get those documents.

Illegal immigrants can get other documents to prove residency, such as state income tax filings, which the law says is “highly persuasive evidence” of residency in Colorado.

Sen. Dave Schultheis, R-Colorado Springs, said he might pursue a change to the law to ban illegal immigrants from satisfying the residency requirements for in-state tuition. Schultheis has advocated government efforts to send illegal immigrants back to their home countries.

“It may sound harsh, but it seems like if a school determines in their research that the parents are here illegally, they should be compelled to report those parents to the immigration authorities,” Schultheis said.

The attorney general’s opinion came at the request of the Colorado Department of Higher Education, the state agency that oversees colleges and universities. David Skaggs, director of the department, welcomed the opinion Tuesday, saying it “ensures all students receive equal treatment.”

Tuition rates are dramatically higher for students who don’t satisfy residency rules. At Pikes Peak Community College, the charge for residents is $77.15 for each credit hour, and it’s $357.25 for nonresidents. At the University of Colorado at Colorado Springs, first-time resident freshmen pay $173 per credit hour, and nonresidents pay $765.

The difference could mean colleges will collect money from fewer nonresident students, said Rich Jones, director of policy and research at the Bell Policy Center, a Denver-based think tank. But the students’ increased earnings, and higher tax payments, in later years will more than make up for the lost tuition dollars, Jones said.

“You’re going to make college affordable for these kids to go to school,” he said. “As a result, they’re going to earn degrees, get better jobs, help our work force, help the economy, help themselves out individually.”

Suthers’ opinion did not address whether illegal immigrants themselves can receive in-state tuition. That question was settled in a January 2006 opinion that found federal law prohibits giving in-state tuition to illegal immigrants.

The attorney general often issues formal opinions at the request of government agencies. The opinions guide how the government makes policy but don’t have the force of law.

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