RI bill could offer in-state tuition to non-US citizens

02/18/09 - The Rhode Island General Assembly is considering a bill that would allow non-U.S. citizens to pay in-state tuition at Rhode Island's three public colleges. The bill would extend tuition breaks to non-U.S. citizens who have lived in Rhode Island for at least three years and have graduated from any state high school or have earned an equivalency diploma.

"I'm trying to get people to understand that it's not an immigration issue," Rep. Grace Diaz (D-Providence,) the bill's sponsor, said. "It's an education issue."

The bill would require qualifying students to write an affidavit to their respective schools - University of Rhode Island, Rhode Island College and Community College of Rhode Island - affirming that they have applied to become citizens.

According to Diaz, the schools penalize students without a social security number by charging them out-of-state tuition. Her bill would allow students to attend college as they wait for the naturalization process to finish.

"It's sad to see kids wait," Diaz said. "In my experience, I've seen kids cry when they graduate high school because no matter what they do, they can't continue. I want to open the doors of education to all people."

Diaz said the bill would not create a tax burden or use state tax dollars because it allows the students to pay an affordable tuition on their own. She said she thinks the bill will benefit the state by allowing more people to have access to higher education, which would help them escape poverty and increase the educated populace.

Diaz has introduced the bill every year since 2005 and it has been struck down each time. Rep. Brian Newberry (R - Burrillville, North Smithfield,) said he strongly opposes the proposed legislation and will vote against it if it makes it to the assembly floor.

"I understand the good intent behind [the bill,]" Newberry said. "The bottom line is they are illegal and not supposed to be here."

Newberry said he does not think state taxpayers should subsidize non-U.S. citizens because the tuition breaks exist for the benefit of R.I. citizens and not for "illegals" who do not pay taxes.

"I don't think we want to make the state a place that is more attractive for illegals to come," Newberry said.

URI President Robert L. Carothers said he supports the bill and has testified at the General Assembly Finance Committee for the past four years. He said he believes the bill will benefit the state as a whole.

"It seems to me that if one has gone for at least three years to a Rhode Island high school they are very likely to be a part of the community for years to come, and one of the challenges is not to pay for the social welfare costs, or the unemployment costs, or the prison costs of people and instead get them to become taxpaying members of society," Carothers said.

He thinks URI students should be concerned about the legislation because it will benefit URI by increasing revenue and adding diversity to the student bodies. Carothers also said the bill would allow non-U.S. citizens to become educated, functioning members of society so they can financially sustain themselves.

According to the National Conference of State Legislatures, similar legislation has passed in 10 states, including Texas, New York, New Mexico and Illinois.

The bill passed in Okalahoma but was repealed five years later. In Kansas, a Missouri resident challenged the bill, claiming it was unfair that he had to pay out-of-state tuition while undocumented residents were allowed to pay in-state fees. The court dismissed the challenge. A similar case is pending in California.

According to Rhode Island Board of Governors for Higher Education Chairman Jack Warner, URI is the most expensive public school in the state, with an in-state tuition of $8,678 and out-of-state tuition amounting to $24,776, including fees.

Once the bill is sent to the state finance committee, a date will be set to vote on it, according to Diaz.