URGENT ACTION - SB799 – Resurrected & Illegal Alien Education Bill Passed AR Senate Committee

Elliott's Bill SB799 (post secondary education for illegal aliens) was resurrected today (it had previously failed on Monday) and passed out of committee. Dr. G. David Gearhart, Chancellor of the University of Arkansas system, testified before the committee today in favor. He said, " Hispanics are hard-working people.” He goes on to say “Northwest Arkansas wouldn’t have been built without them”….referring to illegal aliens. Tell us, Dr. Gearhart: Who built and sustained this preeminent society? Was it the illegal aliens? Of course not. They couldn't do it in their own countries, and now they want (and expect) the full rights to our communities and state.

It will now go to the full Senate for a vote. Should this bill win the floor vote in the Senate it will immediately go to the House. The pro-illegal community will not take “no” for an answer. They will continue their efforts to beat you down until they can win. PLEASE DO NOT LET THEM WIN. SPEAK UP, SPEAK NOW. Please forward to your friends & family and call State Senator & State Representative immediately and insist they vote NO on this bill: AR House of Representatives 501-682-6211 AR Senate 501-682-2902
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Students under Elliott's Bill Would Have to Commit A Crime to Get a Job After They Graduate -- Stealing A Citizen's Identity Would Be the Most Likely Crime

At legislative hearings on HB1525, in 2005, a bill to give scholarships and in-state tuition by Joyce Elliott, several presidents of colleges spoke in favor of the bill. However when asked one by one by Senator Bisbee if they would hire these students when they graduated, these university presidents ALL admitted they would not. They knew they had to answer this way; otherwise they would be confessing they would be willing to be involved in criminal activity by hiring them.

Why Presidents Had to Say This: Pat Reilly, a spokeswoman for the U.S. Immigration and Customs Enforcement (ICE) agency, reported May, 08. "At the workplace, either the employer is knowingly hiring illegal immigrants or the job applicants are using fraudulent documents to get work, both of which are crimes beyond immigration offenses, Reilly said." (Taken from article, "North Carolina Pushes Ban on Illegal Immigrant Students" May 21, 2008

Signing an affidavit of intention included in the bill is just a deceitful smoke screen. Children of illegal aliens become illegal themselves and subject to deportation at 18 1/2 (unless they were born on US soil). Therefore, college undocumented students are unlawfully present here and cannot lawfully operate and hold jobs, so it makes no sense to use taxpayers' money to subsidize their education or to tempt them to steal a citizen's identity in order to get a job. To become naturalized these students would have to go back to Mexico or other country and be put on a waiting list. If these students apply for citizenship before going back to Mexico or other country, legally they could and should be deported at that time. As Senator Bisbee said in 2005, if his children were in that situation, they would have more sense than to do that, and he felt sure these college-age illegal aliens would have more sense too. It would be easy for them to SAY they intend to legalize their immigration status, but they won't under the circumstances.

Here is the law: TITLE 8 > CHAPTER 14 > Sec. 1623.
Section 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits (a) In general, Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident. (b) Effective date This section shall apply to benefits provided on or after July 1, 1998.
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Appeals Court Ruled in 08 that California Had to Reimburse ALL students who had paid out-of-state tuition while Illegals received in-state tuition. Quote from article below on California ruling (Emphasis added.) "The court also granted injunctive relief to nonresident American students, meaning that they must be permitted to pay in-state tuition. Students who have already paid out-of-state tuition rates must be reimbursed." (Ruling was unanimous)

Governor Beebe was also quoted in a newspaper article in January 25, 09 as saying, "We can't afford to give scholarships and in-state tuition to every child of every American citizen in the other 49 states. Since you can't do that, you can't do that with illegal aliens either. It's real simple.” Yet, Elliott still insists that it will cost taxpayers nothing. She has to know that the state funds higher education and that the taxpayers would foot the bill for the instate tuition for the illegal aliens. In 2001 the state funded 58% of higher education. Tuition only funded 35%. So taxpayers would be funding the illegal aliens' tuition. [Source]

Also, note the California's ruling on Illegal Aliens in a bill that is almost just like Elliott's. "California's In-State Tuition Policy for Illegal Aliens Is Unconstitutional, Rules State Appeals Court Precedent Setting Ruling May Be Used to Challenge Many State Benefits for Illegal Aliens, Says Immigration Reform Law Institute" WASHINGTON -- A three judge panel of the California Court of Appeals unanimously ruled . . .that a California law intended to permit illegal aliens to attend public colleges and universities at in-state tuition rates is unconstitutional because it conflicts withfederal law, and violates both the equal protection clause and privileges and immunity clause of the constitution. Ruling in the case of Martinez et al. v.Regents of the University of California, brought by the Immigration Reform LawInstitute (IRLI) on behalf of some 80,000 nonresident American students whowere denied in-state tuition benefits, the Appeals Court agreed that California policy violates expressed provisions of both the Immigration Actand the Welfare Reform Act of 1996. The 1996 Immigration Act states that "an alien who is not lawfully present inthe United States shall not be eligible on the basis of residence within a State...for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit..." In their ruling, the judges concluded that a California law that recognizes illegal aliens as residents for the purpose of attending public colleges and universities at taxpayer subsidized tuition rates, "does, and was intended to, benefit illegal aliens" - a benefit that the state fails to provide to U.S. citizens from other states. The court also granted injunctive relief to nonresident American students, meaning that they must be permitted to pay in-state tuition. Students who have already paid out-of-state tuition rates must be reimbursed. "

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