The Illegal Alien Scholarship

Arnold Ahlert is a former NY Post op-ed columnist currently contributing to JewishWorldReview.com, HumanEvents.com and CanadaFreePress.com. He may be reached at atahlert@comcast.net.


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Leftists are well-versed in the politics of incrementalism. And nowhere has there been a greater effort to realize the fruits of such incrementalism than in the arena of immigration. Thus it is no accident that the Left has made every attempt to relegate the phrase “illegal alien” to the dust bin of history and replace it with “undocumented immigrant.” Such a change implies that being in the country illegally isn’t so much against the law as it is a mixup of paper work. Such calculated obfuscation begets political expediency on many fronts. One of the primary fronts is education. With respect to taxpayer-funded college for illegals–which now includes scholarships–the state of California provides a case in point of how a state gets from “here to there” over 25 years.

Beginning in 1985, in Leticia A. v. Board of Regents, the Alameda County Superior Court ruled that the Education Code disallowing “undocumented” students from establishing residence was unconstitutional. As a result, such students could then establish state residence for tuition purposes for both the University of California (UC) and California State University (CSU) systems.

Proponents of the decision subsequently formed the Leticia A. Network, comprised of teachers, counselors, students, parents and various rights activists for the purpose of publicizing the ruling and making sure it was followed. A few years later an employee named David Paul Bradford filed a lawsuit against the University of California, claiming he was forced to quit for failing to implement Leticia A. In 1990, Regents of California v. Superior Court (Bradford) established that all illegal alien students enrolling at UC after June of 1991 would be classified as non-residents. In 1992, the California Student Aid Commission followed Bradford and stopped awarding Cal Grants to those students. The UC policy was also adopted by California Community Colleges (CCCs) even though they weren’t mentioned in the Bradford ruling. In 1992 Bradford was extended to include CSU, which appealed the decision and lost. They began implementing it in 1995.

In 1994, California voters approved Proposition 187, also known as Save Our State (SOS) by a whopping 59-41 percent margin. The law barred illegal alien students from attending all public schools in California, from kindergarten through college. Judge Mariana Pfaelzer immediately blocked the law, noting that it might not be constitutional because it failed to provide due process or a hearing before individuals were denied benefits. Republican Gov. Pete Wilson, who was re-elected with 55 percent of vote, supported the measure. At the time the number of illegal alien children attending California public schools was estimated to be between 300,000 and 400,000, costing the state half of the $3 billion it spent on illegals in general out of a state budget of $40 billion.

In 1998, Pfaelzer issued her final ruling on Prop 187, gutting the law. In a now-familiar refrain she ruled that the regulation of illegal immigration is the federal government’s responsibility. Outgoing Gov. Pete Wilson vowed to appeal, but in 1999 incoming Democrat Gov. Gray Davis announced the state would drop it. In 2000, an attempt to overturn Bradford was then undertaken. AB 1197 would have eliminated non-resident tuition rates for all “long-term California residents…regardless of citizenship status.”

Davis vetoed the bill, noting that it violated the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which specifically states that 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 post-secondary 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.” When he vetoed it, Davis also noted that this expanded eligibility requirement would cost California $63.7 million.

It was Davis’s last attempt to show some backbone. Despite his veto, the California state legislature passed the bill again. Davis, whose plummeting popularity eventually led to his recall, bowed to the political pressure and signed AB 540, allowing anyone who attended three years of high school and graduated to be eligible for in-state tuition. Students also had to fill out an affidavit that said they would apply for residency as soon as possible.

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  • StephenD

    How long before our “Undeclared Warriors of Resistance (currently called terrorists)” are eligible for Veterans Benefits?

  • mrbean

    As long as the Marxists, Socialists, and Progressive Liberals dominate public education there is no hope of anything but more red ink until they bamkrupt California completely – and it is not that far off.

  • sod

    Brown bankrupt CA long time ago and he is eager to do it again with help from absented minded lefts!

    When the lefts ruin the state and found out there's no one can support them financially, guess what will be their target? Wall Street of course!

  • Herman Caintonette

    Ahlert: "Thus it is no accident that the Left has made every attempt to relegate the phrase “illegal alien” to the dust bin of history and replace it with “undocumented immigrant."

    Kind of like the estate tax became "the Death Tax," Richie Rich became "Job-Creatorie Job-Creator," and the indigenous Palestinians who were displaced from their homes became "Arab nomads." When it comes to propaganda, no one takes a back seat to the Zionista Right.

    • Western Canadian

      Who would have thought that this pathetic loon wouldn’t even make it more than a couple of weeks, before blowing his mock intellectual cover? What a hate-filled moron.

  • Ken

    California will be the first state to declare bankruptcy all because they don't want to hurt anyone's feelings. Last time I checked, your feelings were not guaranteed under th Constitution, Bill of Rights, etc. Political Correctness is KILLING this country!!!

  • Ghostwriter

    How do legal immigrants feel about illegals going to school on their dime? The same as native-born Californians feel,mad.

  • Brittanicus

    E-VERIFY–Lamar Smith's Legal Workforce Act (H.R.2885) would require 100% of companies—large and small– to use E-Verify for all new hires within 2 years. This bill would also require all federal, state, and local agencies as well as federal and state contractors/ sub-contractors and critical infrastructure sites to use E-Verify within 6 months; eliminating the majority of illegal alien workers from the 8.5 jobs they are holding in this country. Increase employer penalties and fines for knowingly hiring illegal alien workers. Require the Social Security Administration to send no-match letters to employers if existing employee's name and social security number don't match in their system. Require the Social Security Administration to notify owners of a Social Security number if their number is used multiple times.

    Phone the Washington switchboard at 202-224-3121 and they can direct you to all House Representatives responsible for moving Chairman Lamar Smith's ‘Legal Workforce Act’ (bill H.R.2885) to the House floor. Make a judgment for yourself and study more about the illegal alien occupation, which has caused major financial disruption issues in every nook throughout America. By going to NumbersUSA web site the truth is available instead of reading the devious repressed information from the two party system.
    Perhaps your attention should also be drawn to H.R. 1148? My assumption is, nobody has heard of it before? It’s being kept awfully quiet in a bipartisan manner. Its legal title is the ‘Stop trading on the Congressional Knowledge Act’. This silent unethical award has manifested itself in the halls of power, as ‘Insider Trading’ by the both parties, having in advance financial intelligence of stocks and shares. Regular Americans on Wall Street would be prosecuted for inside trading and using it for their own greed, or communicating it to friends and relatives, so why are policy makers immune? Nancy Pelosi, (D-CA), and her husband have participated in at least eight IPOs, having a way in to information directly linking to the Wall Street businesses implicated. Republicans such as House Speaker John Boehner, who has also profited from transactions. These handsome rewards—are not available to members of the public.

    A non-political equitable committee should be formed into delve into the rot of unfettered corruption, which resides in Washington. Learn more about corruption at Judicial Watch.

    Please remember that ACORN is still out there under a different assumed name, but will be canvassing for Borack Obama for a second term, and will do anything necessary to keep him as President; even to allowing illegal aliens voting in any state or election leading up to 2012. Many states intentionally have flexible laws that leave a wide gap for non-citizens to vote, as California, Nevada and other partial Sanctuary states and cities.

    Lastly President Obama has been hesitating on a oil pipeline from Canada, and now they are talking about handing it over to Asia. We could be well on our way to becoming self-sufficient in energy instead of being beholden to foreign countries, who mostly would kill us—if they had the chance. The administration’s decision to delay the Pipeline, which would have brought Canadian oil to US refineries in Texas, is now at a stalemate. THE UNITED STATES THAN ANY OTHER LOCATION IN THE WORLD HAS MASSIVE RESERVES OF OIL, WHICH WE COULD BE SELLING TO OTHER COUNTRIES, AS WELL AS CAPITALIZING ON IT FOR THE AMERICAN CONSUMER.

  • Brittanicus

    Amid the nearly $15 Trillion dollar U.S. treasury deficit, the 12 special politicians are scrambling to cut back on uncontrollable spending, why we not saving some of this money by stopping welfare benefits to illegal aliens? We can accomplish some instant cutbacks, by removing the encouragement, that criminal business have brought upon the average American worker, by displacing them with foreigners from other countries. It’s not like we don't have our own share of poverty, but when the government-sponsored invasion has allowed this continuing for decades. Most every law to discourage illegal immigration has been tabled in Congress, or it has never collected enough sponsors to reach the floor. When I read a very thorough analysis by the Conservative think tank 'The Heritage Foundation' that illegal aliens were being subsidized to the unheard amount of $113 Billion tax dollars annually, then I knew that the Liberal progressives, Democrats and political class Republicans were behind this disgusting behavior. NO wonder the political perpetrators had never enacted illegal entry as a FELONY; instead it is even less than a misdemeanor?

    We have become a dumping ground for incompetent governments for their 20 million unauthorized aliens. Incidentally, President Obama in his wisdom, with I'm sure from inside and outside influence to introduce some policy that illegal aliens were now classed as–undocumented immigrants. Well I will not oblige him in my commentary, even if the Liberal press writes in their columns, that all illegal aliens are now just immigrants? Guess this is the lefts push for strengthening their 'Political Correctness' agenda, which has been forced on every America? Except that the TEA PARTY knows better and that foreign aliens will be even more alienated after more authentic TEA PARTY Representatives, slide into Senate and Congressional seats by the time of the Presidential race in 2012. It's almost laughable that the rabble 'Occupy' in city centers have been identified with the TEA PARTY–of course by our countries subversives and Liberal extremists. We are nothing like these people and shouldn’t be associated with any of this mob rule. The TEA PARTY doesn’t build tent cities, leave mounds of garbage, rape, kill or cause mayhem on the streets.

    THE TEA PARTY NEEDS CHANGE FOR EVERY AMERICAN.

    It’s time to look at this bipartisan spending spree and that includes illegal immigration. THE ISSUE OF ILLEGAL include the immigrants that have proved by their highly skilled experience should be no admitted to settle, work. This country will always need people with substantial credentials in Science, math and engineering. Not the uneducated that are still streaming across our undermanned border. We can certainly stop the grim rising statistics of drunken driving, drug cartel criminals spilling over the border region and the endless tracks of impoverished people contributing to our own people’s poverty. Whether it’s by international jet or across the Southern border, 300 thousand pregnant women are arriving and cannot be detected. These females know the loopholes and become mostly permanent squatters in America, a foothold child with instant citizenship. The schools, education, healthcare are all forced federal mandates, left for this nations taxpayer to support. The Tea Party doesn’t support Sanctuary Cities or States, the Dream Acts or any Amnesty or Immigration Reform policies.

    ENFORCEMENT CHAMPION RUSSELL PEARCE'S DEFEAT, HAS LITTLE MEANING FOR OTHER STATES
    The open-borders bloggers and pro-illegal alien organizations are suggesting that the recall of Arizona state senator Russell Pearce means the beginning of the end for state efforts across the country to stop illegal aliens from taking jobs and taxpayer-provided benefits. And some of our allies in other state legislatures are even asking if they should feel vulnerable IMMIGRATION HAS BECOME EQUALLY PREDOMINANT AS OUR LIFELESS ECONOMY, THAT IT IS A COST WE DON”T NEED AND CANNOT AFFORD. A TEA PARTY CONGRESS SHOULD START WITH A THOROUGH RE-DESIGN OF THE BORDER BARRIER, WHICH IS A DOUBLE LAYER FENCE, AND A RIGOROUS NATIONWIDE SWEEP OF BUSINESSES WHO ARE VIOLATING HIRING LAWS. This doesn’t
    Pearce was beaten by Jerry Lewis, another Republican, who won with about 53% of the vote. If the challenge to Pearce had happened during a regular election year, it is doubtful that nearly as much open-borders money and energy could have been funneled solely to this recall effort. That alone might easily have made the difference in election results. All of this is to say that it took some very special circumstances to engineer Pearce's defeat. Roy Beck of the pro-sovereignty NumbersUSA stated “I see nothing in the highly individualized circumstances of Pearce's unfortunate election loss last week that should cause other elected leaders to pull back from their duty to protect the American workers and taxpayers in their jurisdictions from reckless lawlessness by the federal officials who refuse to fully enforce our immigration rules.”

  • John Bowman

    Since California is now basically controlled by Mexico, I say pay your State taxes in Pesos!
    That will cut your tax bill 90%, since you can get more than 10 Pesos per dollar.

  • Guest

    The sign being held by those who laugh at our laws should read: "Undocumented, Unafraid, Unapologetic and,,,UNWANTED by legal, loyal, voting, American taxpayers!

  • Delaware Bob

    Amazing how California panders to illegal aliens. No wonder you bankrupt. I'm not a republican, but I will be voting for one this time and pray to God he will get our immigration laws enforced and get rid of all the illegal aliens and their anchor babies, (illegal alien children).

  • Edwin Gomez

    Si se puede – deportiva ahoa!