The Chronicle of Higher Education reports today that the Mexican American Legal Defense and Education Fund is suing seven Virginia colleges for following Va. Attorney General Jerry Kilgore’s recommendation that they not admit “undocumented” students.
I find this a troubling issue. On the one hand, it strikes me as self-destructively crazy to reward people for illegal activity, to allow illegal aliens to benefit from lower in-state tuition fees, etc., etc. On the other hand, if young kids were brought here by their parents and went through the Virginia public schools, then it does seem punitive to close the door of the public colleges to them. Still, MALDEF’s argument that illegal immigrants “have a constitutional right to equal access to higher education” seems odd, if true.
In short, I dunno. BUT … the MALDEF case has a peculiar twist to it.
[C]olleges lack the power to make a decision like that, said Tisha Tallman, regional counsel for the Mexican American Legal Defense and Education Fund, the organization leading the lawsuit. Only Congress can set immigration policies, she said. It would violate the supremacy clause of the U.S. Constitution for the colleges to set their own policies, she said.
You would think, then, that Ms. Tallman would have the colleges refer the names of all illegal applicants to the INS, but that does not seem to be the case. According to the lawsuit, Jane Doe One, one of the plaintiffs, alleges that she was denied admission to Northern Virginia Community College because of her “immigration status,” and that “she is afraid to submit any more applications” elsewhere out of fear that she will be reported.
Also noteworthy, I think, is MALDEF’s surprisingly low regard for academic freedom. Why surprising? Because MALDEF’s ideological sympathizers and allies — and for all I know, MALDEF itself — have strenuously argued that courts should not interfere with the First Amendment-based academic freedom of colleges to engage in racial discrimination to promote “diversity.”
Academic freedom, however, apparently stops somewhere short of promoting respect for law by denying admission to illegals.
Our immigration policy as practiced is just absolutely crazy. If people are going to immigrate here, then there needs to be a way that they can quickly become legalized. We clearly are not interested in deporting them. So why do we permit such a large group of people to live under the radar? This just shouldn’t be an issue.
What is even stranger is in a memo issued by Ms. Tallman, the lawyer for the Mexican American Legal Defense and Educational Fund to the colleges. She stated “The authority of congress to regulate immigration may preclude the state and state educators from reporting undocumented students as well as denying them admission to their schools. The power to regulate immigration is a power that is exclusively held by the federal government. ”
I won’t attempt to comment on that statement without first getting out my newspeak dictionary. Let’s see what is says. Freedom is slavery, Ignorance is strength and it is illegal to report illegal aliens. Okay, now I understand!
How on EARTH can one state that allowing an illegal is “unconstitutional”? After all, the constitution applies to American citizens. If you can’t follow our immigration laws, how can I expect you to follow any others!!!!!!!!!!!!!!!!