The Coach’s Team (TCT) offers the best in original, grassroots, conservative essays along with articles taken from various internet sites. The victory of Donald Trump has provided a God-sent opportunity to reverse the years of willful damage done our nation by Barack Hussein Obama, the most corrupt, treacherous and treasonous occupant of the White House in our near 240 existence. Coach's Team contributors pray Mr. Trump will indeed drain the swamp that is Washington DC.
Wednesday, April 19, 2017
Tennessee Republican Legislators Want Subsidized Education for Illegal Immigrants, along with Sanctuary Campuses
By Karen Lees
Federation for American Immigration Reform (FAIR) reports that the burden of
illegal immigration on taxpayers in Tennessee for both state and local
expenditures jumped from $285 million in 2007 to $547 million in 2013,
according to a FAIR 2013 study.
add to that burden, proposed legislation that would grant eligibility for
illegal aliens to receive in-state tuition is being considered this session by
legislators at the Tennessee State Capitol.
most cases, the discount for in-state tuition is roughly 50%, leaving Tennessee
taxpayers with half the cost of tuition for each illegal alien student.
How about a right to pay the tab!
Senator Todd Gardenhire’s SB 0635 & SB 1014 and Representative
HB 0660 & HB 0863 seek to abdicate the legislature’s delegated authority to
a Board of Regents or some other un-elected body governing Tennessee’s post-secondary
schools. With slumping attendance rates, the decision left to un-elected boards
to fill empty seats in the classroom will take priority over compliance with
federal immigration law and public safety.
This bill authorizes the governing body of each public
institution of higher education to determine the qualifications that students
must possess to be eligible for payment of in-state tuition and fees. All
students who are not eligible for in-state tuition must pay the out-of-state
tuition and fees set by the governing body.
heap even more on the taxpayers’ backs, Senator
(R) amended Sen. Gardenhire’s similar bill, SB1014 to
include students in ALL of Tennessee’s eight surrounding states within 100
miles of the TN border.
bill passed the Senate Education Committee last week 7-2 and is now headed
for the Finance Ways and Means Committee. The seven “Yes” votes were
Crowe (R), Dickerson (R), Gardenhire (R), Gresham (R), Haile (R), Tate (D), and
Tracy (R). The two Senators voting “No” were Hensley (R) and Kelsey (R). Go
to capitol.tn.gov for
(Watch video here of the TN Senate Education
Committee of Wednesday, March 22.)
proposed legislation goes against Federal immigration law targeting this exact type of state legislation, signed
by President Bill Clinton. It also violates a TN state statute.
Such policies encourage illegal immigration, are unfair to American citizens
from other states and will force taxpayers to fund the education of illegal
Notwithstanding any other provision of law, 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 postsecondary
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 citizens or national is such a resident.
is delegated solely to the authority of the Federal government. See Article I,
section 8 of the Constitution.
states that have similar laws are now facing lawsuits for violating the IIRIRA
statute. The most frequent grievance is that out-of-state American citizens are
unfairly denied the same benefits granted to illegal aliens. In Virginia
and Maryland, out-of-state students were actually shredding their social security cards in protest. Taxpaying parents
were equally outraged.
the Trump administration’s tough stance on illegal immigration and Attorney
General Sessions’ resolute statement concerning sanctuary jurisdictions on
Monday, all indications are that the Justice Department will choose to
aggressively pursue the issue of whether states are allowed to continue
violating federal law by attracting illegal aliens with in-state tuition. AG
Sessions made it clear when he said, “I strongly urge our nation’s states,
cities and counties to consider carefully the harm they are doing to our
citizens by refusing to enforce our immigration laws and to rethink these
Gardenhire (R) and Rep. White’s (R) illegal bills run contrary to President
Trump’s stated priority to solve the nation’s overwhelming illegal immigration
problem. By the way, have these legislators forgotten the #1 motivating factor
that won Trump the Presidency? Americans, especially in red states like
Tennessee, are highly energized by this issue.
legislation will create an automatic “sanctuary policy” on college campuses,
attracting criminal aliens looking for cover among the “undocumented” in
Tennessee’s post-secondary schools. (What better place for an illegal
alien drug dealer to blend in and conduct business under cover than a college
campus community?) As the word indicates, “undocumented” means that the
necessary documentation for a student to qualify as “legal” cannot be verified
by federal standards. But, “legal” for the purpose of awarding the benefit of
in-state tuition at taxpayer’s expense will be pushed through with tortured
language and logic by our Legislature if Tennesseans do not stop them.
To avoid IIRIRA’s mandate that in-state tuition be
determined “on the basis of residence within a State,” some state lawmakers
have created alternative criteria through which students might qualify for
in-state tuition. Such alternative criteria are intended to act as a substitute
for actual residence, which, in turn, creates the patina of compliance with the
federal statute: Since residence is not at issue, there is, so these states
argue, no conflict between federal and state law. In reality, however, the
states are targeting illegal aliens for in-state tuition.
Gardenhire and Rep. White’s legislation circumvents federal law and the
peoples’ right of representation by passing the decision-making buck to the
Board of Regents or another unelected governing body. What is the
possible motivation for knowingly violating federal law other than to gain more
government control over taxpayer dollars?
Watch sued the state of California on behalf of a resident and taxpayer on the
grounds that the state Legislature cannot hand over its authority in matters
concerning federal immigration law – the same basis as the proposed Tennessee
legislation. The Daily Signal reports:
The issue there is not whether the
California Legislature can authorize in-state tuition to illegal
immigrants…but whether the University of California Board of Regents, an
independent body from the state Legislature, can lawfully authorize
in-state tuition for illegal immigrants at all University of California
campuses in direct violation of federal law.
Tennessee recently became the first state to sue the federal government
regarding the Refugee Resettlement program, represented at no charge by
the Thomas More Law Center.
According to Senator Mark Norris (R) of Collierville, the government is “forcing Tennessee to expend funds that have
not been lawfully appropriated.” With Tennessee’s significant refugee
population, shouldn’t Sen. Gardenhire and Rep. White include refugee students
in their legislation to be fair and satisfy the requirements of federal law? If
so, shouldn’t they also include all U.S. citizens in the legislation as the law
demands? If we can’t afford to be fair – and we can’t – it is ridiculous
to offer this only to non-citizens.
legislators are evading federal immigration law and making TN a cash magnet for
illegal aliens on the one hand, while at the same time, asserting 10th
Amendment authority by their rightful refusal to fund the federal refugee
program with the other hand.
other words, to justify the in-state tuition argument, Tennessee is jeopardizing
the success of their 10th Amendment court case with enough twisted logic to
give us all whiplash.
the real question should be this: Why are so many TN state legislators
disguising themselves as conservatives with the R brand by their name in order
to get elected? It would seem TN really has a super-majority of Democrats in
their General Assembly who haven’t a clue how to follow the Republican platform
of smaller, fiscally responsible, less intrusive government.