Armed with a Democratic majority in both houses, Gov. Jim Doyle is feeling confident about his chances with ideological addendums to this year's state budget. So confident, in fact, that he believes fourth time's a charm for a provision that would allow illegal immigrants from Wisconsin high schools to pay in-state tuition at UW System schools. The provision, voted down in three previous budgets due to ideological disagreements in the state senate, comes at a time when higher education is becoming more and more difficult to afford for the average high school graduate.
However, Doyle's proposed provision comes with its share of roadblocks. For starters, the provision may conflict with a 1996 federal law that disallows any higher education benefit regarding illegal immigrant residency unless the same benefits are offered to other U.S. citizens as well. If Wisconsin wanted to offer in-state tuition to illegal immigrants, it would also have to offer in-state rates to out-of-state students as well, costing institutions millions in tuition revenue. Out-of-state students pay around $21,820 per year in tuition, nearly three times the cost of an in-state student's $7,570 tuition.
Also, the provision comes with a requirement that students submits an affidavit agreeing to apply for residency as soon as they are able to do so. If student are eventually denied citizenship when they apply, they would lose out on more than tuition—they could be deported as well. Such a risk may not be desirable from the student's standpoint.
Although Doyle's proposed provision is a noble ideological vision, the logistics of the plan do not add up. Being a champion for the rights of displaced youth in America is one thing, but flouting stipulations in federal law is too risky of a maneuver to pursue its addition to the current budget. Instead, Doyle should lobby for change at the federal level in terms of illegal immigrant rights in higher education.
There is one caveat that may give the provision a chance. If lawmakers can make the case that the provision only targets those attending Wisconsin high schools, then technically all U.S. citizens and illegal immigrants are receiving the same rights. As of right now, it appears this provision has too many hurdles to overcome to be a viable program.
Doyle's heart may be in the right place and he may have the Democratic winds at his back in the state senate, but he may need to try his luck a fifth time next year with this provision.
