Jerry Kilgore is the Virginia Attorney General and Lawsuit bucks Kilgore opinion:
Attorneys representing immigrants will file a lawsuit today against a number of public colleges and universities in Virginia, challenging state Attorney General Jerry W. Kilgore's opinion that schools should deny admission to those who are here illegally.Ah, this is promising! Sued for denying state college admission to illegal aliens.
The attorneys, one of whom is with the Mexican American Legal Defense and Educational Fund (MALDEF), argued in court documents that denying admission to students who are not U.S. citizens is unconstitutional.Dang, I must have been snoozing in class the day they covered the part of the Constitution that provided US taxpayer subsidized college educations to everyone in the world.
"Illegal or undocumented aliens should not be enrolled in Virginia public institutions of higher education," Mr. Kilgore, a Republican, wrote in the Sept. 5 memo, which was distributed to the presidents and chancellors of Virginia's 37 state colleges and universities.And exactly what is the problem with that? The plantiffs' legal eagle responds:
The memo also stated that illegal immigrants, if admitted despite his position, should be denied in-state tuition benefits since they are not legal Virginia residents.
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Mr. Kilgore's memo further stated that public employees who become aware of illegal immigrants on college campuses should notify the Bureau of Citizenship and Immigration Services, formerly the Immigration and Naturalization Service, as well Mr. Kilgore's office.
" 'Undocumented' connotes a number of things," said Ms. Tallman in a telephone interview from her office in Atlanta. "This opinion is actually preventing a wide range of otherwise qualified students from attending schools. If you are not a U.S. citizen or a lawful permanent resident, that appears to be the line where many [schools] are making the cut-off."Sounds like the right line to me, Ms. T. All that's left is illegal aliens.
But here's Ms. T's legal hook:
"The authority of Congress to regulate immigration may preclude [Mr. Kilgore] and state educators from reporting undocumented students, as well as denying them admission to their schools," Ms. Tallman wrote. "The power to regulate immigration is a power that is exclusively held by the federal government."And a swell job it's doing too. But how does that preclude states from declining to subsidize illegal aliens? As for dropping a dime on the illegals, I would have thought that was their duty. Speaking of which, why isn't Ms. T guilty of aiding and abetting criminals, or better yet, a criminal conspiracy?