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Legislation Barring Some Immigrant Students from In-State Tuition Defeated

Undocumented immigrant students who’ve been granted the federal status that defers them from deportation would still be able to qualify for in-state college tuition -- thanks to the Virginia Senate's defeat of legislation that would have barred them from receiving the less expensive rates. The bill was killed by a single vote following a lengthy floor debate.  

Bill sponsor Senator Dick Black said courts have begun ruling on whether President Obama’s action conferring “Deferred Action for Childhood Arrivals” status is constitutional and how other laws apply.  He said they may decide that equal protection rights were violated.

“Then we would have to give equal rights to American kids from out of state, and that would be terrifically expensive.  I’ve seen one figure as high as $400 million annually.”

But Senator Chap Peterson said it’s not Virginia’s decision. 

“As a state, we don’t control international relations, and we don’t control immigration. We take our directions from the federal government. And the federal government has delineated that there is a class of people—the DACA kids—that they are here legally.”

Eighty-one DACA students have received in-state college tuition since last year.

Virginia state law generally bars undocumented immigrants from qualifying for in-state college tuition rates, although they can still attend college by paying higher, out-of-state-student tuition.  Last year, Attorney General Mark Herring informed Virginia’s higher education institutions that immigrant students with a deferred status were now considered legal and could receive the more favorable tuition rates. 

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