NC: First to Give Education, First to Take it Away?
In 1795, the great state of North Carolina opened the first public institution of higher learning.
In 2008, we may become the first state to take away access to post-secondary education from an entire class of people.
Yesterday, Attorney General Roy Cooper's office issued an advisory statement that says our state's community colleges and universities should close their doors to the children of undocumented immigrants.
It was just last November that the NC Community College System changed its admissions policy, to allow any qualified applicant to enroll in their institutions. Non-residents would have to pay out of state tuition. This new policy brought the community college admissions policy into alignment with a policy the UNC system implemented in 2004.
Soon thereafter, the backlash again with the Pope Civitas Institute in the middle of it. I documented some of that in a previous post here.
Immigration and public education advocates had already been preparing to fight bills that were to be introduced in the coming short session of the General Assembly. As Sen. Richard Stevens (R-Cary) admitted to the N&O today, Republicans were preparing to introduce bills that would have prohibited undocumented immigrants from attending public institutions of higher learning. Democratic leaders in the House and Senate have said that they did not think there was political will in either chamber to prevent such bills from proceeding.
In the midst of an election year, all of our political leaders are running for cover whenever the issue of immigration comes up. One of our gubernatorial candidates told me "This is a difficult policy issue." I call BS. This is an easy policy issue. It's a difficult political issue.
It's short sighted and immoral to withhold access to education. We're on the brink of becoming a state that sets a horrible precedent for human and civil rights. Do we really want to be the first state to withhold a public education from a group of people because of their status?
The AG's statement is based on the same kind of moral reasoning that southern states used to withhold public education from blacks and women. It uses a tenuous interpretation of federal law to exercise a state's rights argument, knowing full well that this state will not give undocumented immigrants the right to an education.
In fact, the Federal Statute that the opinion rests upon has already been ruled upon by the Federal District Court out of Virginia. That court said that the statue applied to grants, in-state tuition and other funding mechanisms are of state and local benefit. Admission is not. Admission is just admission and not a particular benefit per se. Therefore, giving admission is not in violation of the Federal statute. Which is exactly why no other state has taken this draconian step.
It's time to call upon members of the General Assembly to take a strong stance in favor of an educated populace. Federal immigration reform will happen eventually. When it does, thousands of children and young people in North Carolina will have the opportunity to apply for citizenship. Do we want them to be educated contributors to our great state or part of a permanent uneducated underclass?
I choose education every time.
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Frontpaged
Thanks Graig.
This smack of the machine at work. Somebody leaned on somebody leaned on somebody in order to shift the political heat away from somebody.
I thought Cooper had better judgment than this.
I was shocked to see this piss poor
decision come from the AGs office. Shocked. It's disgraceful for NC to take this position. Disgraceful!!!
This must be the same AGs office that used to place liens and take away the homes of indigent people who couldn't pay their UNC hospital bills fast enough ... until the Ansley's called them out and held a bright spot light on that draconian practice.
P.S. Thanks for this post Graig. Tune up the choir!!
"It is amazing what you can accomplish if you do not care who gets the credit." - Harry Truman
This is a kick in the teeth.
We accept children into public pre-K programs, public school, and allow them to access to all of the tools and programs that every other child in the US has access to in the public school programs.
Then we tell them they can't go to community college? Even if they're willing to pay?
So I guess those campaign promises of "free community college for every child" that flowed so freely from the lips of Democratic candidates was just so much manipulative, emotionally exploitative regurgitant.
Most of the children who are "undocumented" had no choice about coming here - and could not be sent back to the country of their birth to navigate the system. Many of them don't speak Spanish; their parents do. They didn't have a choice in where they lived when they were little anymore than you or I did. They should not be punished. The federal government needs to get its act together to give them a path to citizenship, and education/public service seems like a much better way than shutting them out of the system and keeping them in a second-class, shadow society.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
We punish ourselves
when we punish them. How does anyone benefit when the talents and abilities of any class of kids are turned away from our college doors? Why wouldn't anyone want to provide them the tools to succeed and contribute and pay taxes legally?
In my opinion, we should be offering fast track citizenship to undocumented kids who play by the rules and graduate from college with marketable skills. This policy advice is crazy. It's built on jealousy and fear, nothing more.
"It is amazing what you can accomplish if you do not care who gets the credit." - Harry Truman
Precisely.
Why punish them for the choice their parents made? Give them a chance, for goodness sake. Give them their piece of the American Dream.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
Give them their piece of the American Dream.
And in some cases, just their American Dream of Peace.
El Pueblo Link
The are several NC organizations helping to advance immigration reform (ACORN and the Justice Center, among others), but I think El Pueblo is the main dedicated advocate for sensible immigration solutions. Here's the link:
http://www.elpueblo.org/english/index.html
- - - - -

Thanks, Jerimee.
Good link.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
Gov. Easley weighs in
STATEMENT FROM GOV. EASLEY ON ATTORNEY GENERAL’S LETTER REGARDING COMMUNITY COLLEGES
“The federal law is not settled in this area and I am requesting the Attorney General seek clarification from Washington regarding eligibility of admission to community colleges. The legislature specifically provided the Community College board the authority to establish admission criteria. In the absence of federal action to the contrary, the Community College board should continue its current policy, which is consistent with other states. The Attorney General’s advisory letter acknowledges the federal government has not prohibited this policy under 8USCS sec.1621.”
Easley isn't running again.
Cooper -- well he's going to be running again all right.
Easley's running for something.
Just not in this state.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
He wanted an appointment
I think he was stumping like mad for Hillary because he wanted to be the next Sec. of Education.
But I don't think it's gonna work.
I've got a feeling you're right.
Ah well, the best laid plans of Mice and Men often go astray. Or something like that.
I'm glad he directed Cooper to look for more direction on this. It's not right to turn students out onto the streets. Disenfranchised youth become statistics.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
Oh hell yeah
I'll definitely take it. What Easley said MUST be said, and OUGHT to be said by other leaders. But the crickets chirp on this one around those who still plan to pursue elective office . . .
But if Cooper asks the feds...
It might not turn out well. A negative opinion from the Bush Justice Department would impact the entire country. Ugh.
We can well imagine what Bush "justice" would say
And we can also assume that the opinion release would be timed to maximum advantage for the GOP in the general election.
true
But in the meantime, Easley has told the Community Colleges to continue serving this group of students, has he not? Maybe we won't get a ruling until there's a democratic administration.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
well, I dunno
Cooper's office took a while to issue its opinion, didn't it? And it came out when, the day after the primary here?
I think Bush's Dept. of Justice will be very judicious about their timing, too.
I wonder why it was the day after the primary?
What gain is there in that? And I wonder where Lt. Gov Perdue stands on this issue?
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
You know where McCrory stands
The more I learn about that guy, the creepier he is.
Perdue has to walk a line on this, which is going to be hard. A simplistic sound bite answer becomes red meat for the rabid right. the rabid right can only win in November through blood lust. That is what they are gearing up for.
J
PS Why after? Maybe to avoid injecting it into the race at the 11th hour? Maybe he got leaned on? I don't know, but it's a sure bet the timing wasn't accidental.
McCrory. Bah.
Yeah - he kind of gives me the creeps, too, James. I've just started reading up on him. This is where we need the Mike Huckabees of the GOP world - he didn't want to turn children away. I will never forget that moment in the gooper debate. I guess they don't like nice.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
McCrory and Rumsfeld
Ever notice how much McCrory looks like a young Donald Rumsfeld?
"jump in where you can and hang on"
Briscoe Darling to Sheriff Andy
Stop it. Now you're purposely trying to scare me.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
Not at all sure, but
it at least prevented the issue from being raised during the primary (though I'm pretty sure Perdue and Moore are on the same page). That is, anyone could answer with, "we're still awaiting an opinion from the AG's office."
And now it's here.
I don't like it, and I keep reading it over and over
wishing I had gone to law school so I could find a way to take this to court myself. I think I see loop holes in it big enough to drive a school-bus through, but I'm not an attorney, I only play one in my dreams.
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
The timing was not coincidental
It came after the election for the reasons suggested above. I think it was also key to get it out before the GA's short session. Perhaps the leadership wanted Cooper to rule so that they could take the issue off their docket? They really don't want to deal with it in an election year.
There are plenty of attorneys working on this. I've already seen two of their opinions about why the AG is wrong. They'll be public soon enough.
It does get Roy Cooper ahead of the GA
But I doubt the opinion would forestall GOPers from introducing legislation and taking what credit they can get for doing so.
Of course, there are supposed to be limits on what can be introduced in the short session, but those rules are easy to get around.
Guilford Co. passed a resolution in support of higher education
which originated at the December PDNC meeting:
It will go on to our District Convention.
Progressive Democrats of North Carolina
Delegates can introduce resolutions at the District Conventions,
can't they?
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
I don't think so Linda. Resolutions have to start at the
precinct level. They can be considered at a state convention if 2/3 of the delegates vote to allowed it. That happened in 2006 when a slate of progressive resolutions were presented.
In the past 5 years I cannot think of a single resolution that originated at the 13th district convention which was passed on to the state convention.
Person County Democrats
Orange County passed a similar resolution.
Without debate!
Feds: College OK for Illegal Immigrants
Thank heavens for someone with sense within the Bush administration.
From the N&O.
Thanks, Graig!
Be the change you wish to see in the world. --Gandhi
Pointing at Naked Emperors
See me on News 14
They picked up this story and heard what my program does for kids. Here's their take.
Graig, that is wonderful
That's great coverage. You're doing important work.
Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.
Excellent Graig. Nice to have your hard work
recognized. Well Done!!
Person County Democrats