deferred action

The Oregon Senate might vote as early as Thursday on a bill allowing in-state tuition for immigrant students.

The Senate Education Committee voted 3-2 along party lines Tuesday to advance House Bill 2787. The committee did not amend the bill, and a spokesman for Senate President Peter Courtney, D-Salem, said the bill could be up for a final vote Thursday.

Courtney will be the bill’s floor manager when it comes up for a vote. He also sponsored the original bill a decade ago.

He said students should not be held responsible for what their parents did entering the United States illegally.

The bill would allow in-state tuition for students without immigration documents, if they graduated from high school or its equivalent in Oregon, attended Oregon schools three years before graduation and U.S. schools for five years. Students also would have to show intent to seek legal status or citizenship in the United States.

Out-of-state tuition typically is three or four times the rate for in-state residents.

Committee members heard from 28 witnesses split equally for and against the bill.

One of those in favor was Ayrton Nicolas, 17, a senior at North Salem High School, who said his ambition is to be a neurosurgeon. Nicolas, a member of the Junior ROTC drill team, said he has been accepted by several colleges.

“Unfortunately, because of my legal status in America, my tuition costs are twice or sometimes three times more than that of my fellow classmates who I studied with, played sports with and volunteered with,” he said. “This cost is the only thing keeping me from chasing my dream.”

But Mark Callahan of Salem, who has twice run for the Oregon House from Eugene, was among those who opposed the bill. Read more about In-state tuition for immigrants heads to Senate vote

Passage of the so-called tuition equity bill was neither surprising nor equitable.

Tears flowed, children were paraded to the Oregon House floor and galleries to witness their “historic” moment and representatives employed hyperbole alleging that through no fault of their own, these students cannot afford college. Headlines the next day obliged this sensational spin on a complex issue.

I don’t feel sorry for these youngsters or guilty about their situation. I saw possibility in their faces and I feel pride for a country where the mistakes of parents cannot dim the hope of a child to follow the American dream.

The federal government has failed to protect our borders and enforce a sane immigration policy. Oregon hasn’t done much better. But can we ignore the sheer numbers of undocumented folks in our communities? The “round ’em up and send ’em back” mentality is not only ridiculous in the Willamette Valley, it smells of bigotry.

The reality is, despite shoddy immigration practices and the difficulty of raising a family under a dark cloud of illegal residency, we have an undeniable mass of undocumented citizens the majority of whom are hardworking, honest neighbors.

They’ve been here a long time and have provided much of the work force that sustains our region’s agricultural foundation. They’ve done back-breaking work and many now manage farms, nurseries or work in numerous vocations. Are we surprised that now their children and grandchildren want a higher education and to attend football games as bona fide Ducks or Beavers?

Republicans and Democrats are ready to offer in-state tuition to these children but the bill was rushed to the floor last week and is deeply flawed.

Addressing fairness for some while disallowing provisions for veterans currently ineligible for in-state tuition or ignoring American students now paying out-of-state tuition is not fair at all. The bill received one two-hour public hearing, thereby disallowing many to even testify. Some amendments were allowed but efforts for substantive improvement were largely ignored and I couldn’t support it as written.

The debate barely acknowledged impending federal immigration policy now boiling over in Washington, D.C. and the effect on Oregon. The fiscal analysis was pathetically vague and testimony about projected costs ranged from negligible to millions of dollars of lost revenue. Further, a prudent sunset clause to re-examine this noble experiment was rejected out of hand.

Perhaps the most troubling omission is the refusal to provide clarity for students to obtain citizenship and permission to work legally during their college studies and, most importantly, after graduation. This glaring error puts the graduates and Oregon businesses in an untenable lurch.

In the quest for “historic headlines,” I fear the House of Representatives has set up to fail the very children we want to assist. I’m not fond of the phrase: “Fix it on the Senate side,” but now that may be the only hope to find tuition equity for all Oregonians and students wishing to study here.

Vic Gilliam / Special to the Statesman Journal

Rep. Vic Gilliam, R-Silverton, is a member of the House Committee on Higher Education & Workforce Development and the Committee on Human Services & Housing. He can be reached at (503) 986-1418 or Rep.VicGilliam@state.or.us.

  Read more about Immigrant tuition equity bill is not an equitable solution

In-state tuition for immigrant students without documents, which made it through the Oregon House by a big vote Friday, drew differing reactions from participants in the long-running debate.

“I can finally go home, look my parents in the eye and say, ‘Mom and Dad, I can go to a four-year college,’” said Hugo Nicolas, a Chemeketa Community College student who was one of many students present in the House gallery for the vote.

“It means more freedom for me — and more responsibility,” said Nicolas, who testified last week for passage of House Bill 2787. “So I’m going to have to work harder to shoulder my investment.”

A 2011 graduate of McNary High School, Nicolas hopes to transfer to the University of Oregon, where he plans to study economics and Chinese.

Victor Mena was able to transfer from Portland Community College to Portland State University, where he is studying criminal justice and hopes to join the Navy.

“I grew up here ever since I was 3,” said Mena, whose change of visa allowed him to attend Portland State. “Maybe tuition equity does not affect me anymore, but it will definitely affect a lot of other potential students.”

The 38-18 vote moved the bill to the Senate, where Jim Ludwick of McMinnville, a spokesman for Oregonians for Immigration Reform, said, “it’s likely to pass — they’ve got the numbers.”

The Senate passed similar bills in 2003 and 2011, but the House let them die without a vote. Senate President Peter Courtney, D-Salem, is the chief Senate sponsor of the current bill.

“They are cowards using children as their shields to get something like this through,” Ludwick said after the vote. “This is just a denigration of the value of citizenship.”

Ludwick said immigrant students without legal presence can attend state universities now at out-of-state rates, which are three or four times higher than in-state rates that are partly subsidized by the state.

Although the bill does not make them eligible for state grants, Ludwick said, “Does anyone doubt that is the next step?”

The bill would allow state universities to charge in-state tuition if students meet specified conditions, including five years in U.S. schools and three in Oregon, graduation from high school or its equivalent in Oregon, and proof of intent to seek citizenship or legal status in the United States.

“They did not choose to come here; they were brought here,” said Rep. Michael Dembrow, D-Portland, the bill’s floor manager. “They have no other country to go to, but they have plenty to offer this state. Unfortunately, they have become collateral damage of this country’s immigration debate.”

The bill was backed by the Oregon University System, student and immigrant-rights groups, and the state’s major business associations.

“It brings hope to current and former students in my hometown,” said Rep. Betty Komp,D-Woodburn, whose House district is the only one in the 2010 Census to have a majority of racial and ethnic minorities.

Rep. John Huffman, R-The Dalles, said critics’ arguments that the university system would lose income from out-of-state tuition rates are wrong: these immigrant students are not attending and paying now. “You can’t lose something you don’t already have,” he said.

The House, on a party-line vote, defeated a Republican-backed substitute that would have set an expiration date, limited in-state tuition to those already here on the date it takes effect, and required students to be enrolled in a federal program for delayed deportations.

“It holds the university system to the same standard that all of our employers must comply with,” said Rep. Gene Whisnant,R-Sunriver.

The state bill would not by itself confer the authority for students to seek work permits in the United States.

But under a program of delayed deportations approved by President Barack Obama last year for those who arrived illegally in the United States as children, known by its acronym DACA, some participants are eligible for work permits. The state bill would recognize participation in the federal program as their proof of intent to seek legal status.

Five Republicans, including Rep. Vicki Berger of Salem, joined 33 Democrats to pass the bill.

Among those voting for it were Democratic Reps. Joe Gallegos of Hillsboro and Jessica Vega Pederson of Portland. Republican Rep. Sal Esquivel of Medford voted no.

Twelve other states, including Washington and California, have similar laws. A federal Dream Act — which passed the U.S. House in 2010 but died after a filibuster threat in the Senate — could become part of federal immigration legislation in the works.

Gov. John Kitzhaber, who is en route to Washington, D.C., for a conference, said he looks forward to signing the bill.

“By removing roadblocks to their post-secondary education, we open new opportunities to them and the opportunity for our state to capitalize on the investment we've made in these students through the K-12 system,” he said in a statement.

Hugo Nicolas, of Salem, testifies before the Oregon House Committee on Higher Education and Workforce Development at a public hearing on House Bill 2787, which would allow some students without immigration documents to qualify for in-state tuition rates. / KOBBI R. BLAIR / Statesman Journal

How they voted

How Mid-Valley representatives voted on House Bill 2787, which allows in-state tuition rates for students without immigration documents. A proposed substitute failed on a party-line vote.

Vicki Berger, R-Salem Yes
Kevin Cameron, R-Salem No
Brian Clem, D-Salem Yes
Vic Gilliam. R-Silverton No
Betty Komp, D-Woodburn Yes
Sherrie Sprenger, R-Scio No
Kim Thatcher, R-Keizer Excused
Jim Thompson, R-Dallas No
Jim Weidner, R-Yamhill No

What’s next:

House Bill 2787, which passed the Oregon House on a 38-18 vote Friday, goes to the Senate. The bill is likely to be assigned to the Senate Education Committee. Read more about Tuition equity bill goes to Senate

Oregon lawmakers will have to wait until next week to advance a bill that would allow some students without immigration documents to qualify for in-state tuition.

On Friday, the House Committee on Higher Education and Workforce Development made a few changes to House Bill 2787, mainly clarifying what proof students would need to submit to show they intend to become a citizen or lawful permanent resident.

Proof would include an official copy of the student’s application to register with a federal immigration program, federal deportation deferral program or a statement of intent that the student will seek to obtain citizenship. Students would also need to show they have applied to become a taxpayer.

“We wanted to make sure that these are the students that are going to benefit from tuition equity, but felt that perhaps there was some looseness in the language that might cause unintended consequences,” said Rep. Michael Dembrow, D-Portland, chairman of the education committee.

Since the bill was amended, lawmakers have to wait for a fiscal analysis on the new version of the legislation before they can vote on the bill.

House Republicans got some of what they wanted changed, but not all.

The amendments supported by Republicans did not include a statement of intent as part of how students could prove they intend to become a citizen or lawful permanent resident.

It also included a section that states a public university may not give admission preference to students who benefit from the bill over that of Oregon residents.

“House Bill 2787 doesn’t call for it or infer it but there can be and is a concern that in addition to offering in-state tuition the Oregon University System could considerably lower the bar for admission or create some sort of special exemption,” said Rep. Mark Johnson, R-Hood River.

He said it was clear from hearing from minority students that they don’t want any kind of special academic treatment from the bill.

Dembrow said he would not support that amendment because the language is too vague and would set the state up for unintended consequences.

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Split by a vote along party lines, those package of amendments did not move out of committee. Some Republicans then voted for the alternative package of amendments after the ones they proposed failed.

Francisco Lopez, executive director of the immigration-rights group Causa Oregon, said both parties met each other half way.

“In the end, all those amendments became a bipartisan effort,” he said. “I think that tells you the level of quality of this conversation.”

One change lawmakers from both parties agreed on was providing an exception to the bill’s residency requirements for students who leave the state to serve in the U.S. military for more than three years.

Under the bill, the State Board of Higher Education is only allowed to offer in-state tuition to students that have received a high school diploma no more than three years before they enroll in a public university.

The Oregon University System estimates that about 38 students would take advantage of the opportunity to pay in-state tuition in the 2011-13 biennium and 80 students would use the program in 2015-17.

With more students paying in-state tuition and fees at Oregon public universities, the revenue impact would be about $334,820 for the 2011-13 biennium and $1.5 million for the 2013-15 biennium, according to the original bill’s fiscal statement.

OUS would report to the Legrickislature and presiding officers on the number of students that applied and the fiscal impact before July 1 of every year, under the amended bill.

“Of course, the idea is that we have opened the opportunity for any resident of the state of Oregon that wants to go to a public university,” Lopez said.

Lawmakers are expected to pass the bill out of the House Committee on Higher Education and Workforce Development on Monday.

It would then head to the House floor.
  Read more about Oregon tuition equity bill gets amended