Policy options that have been proposed

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Eliminating Non-Resident Tuition Rates
Eliminate the resident/non-resident tuition rates at public colleges and universities in Minnesota and
charge all students a single tuition rate. The U of M Crookston, the U of M Morris currently have flat tuition
rates, and legislation passed in the 2007 session (SF 528) increased the number of MNSCU schools with
flat tuition to 22 and prevents any school that does not currently have a non-resident tuition rate from
instituting one. The 2007 law expires 6/30/09.
Arguments for include:

Allows undocumented students to pay the same tuition level as other students, accomplishing the
goal of the state Dream Act, while avoiding many of the political problems with legislation that
specifically targets undocumented immigrants

Attract future workers to MN to offset projected workforce shortages. MNSCU believes that 60 to
70% of students who come from another state stay in Minnesota to work. [not specific to
undocumented students]

Because it does not focus primarily on undocumented students, it’s more politically viable than
some other options
Arguments against include:

Would not eliminate many barriers for undocumented students; they are still not eligible for
financial aid

Could undermine efforts to concentrate on serving MN’s harder to serve students while promoting
the importation of “easier to serve” students from others states

Eliminating non-resident tuition at the University of MN could do away with our reciprocity
agreements with other states
Costs

Annual cost to the state of the 11 MNSCU institutions funded in 2007: $ 2,479,868

Annual cost to the state to fund the remaining MNSCU colleges and universities: $ 5,536,013
Source: MNSCU staff analysis, based on FY2007 data
Federal DREAM Act
(Development, Relief, and Education for Alien Minors Act)
Would grant undocumented students “conditional permanent residency status” and a path towards
citizenship. Would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to
allow states to determine in-state tuition eligibility and to give undocumented students legal residency. To
be eligible, students would be required to meet certain conditions, including being in the US before their
16th birthday. Has been introduced in various forms at the national level but has not passed.
Arguments for include:

Allow more undocumented immigrants to receive higher education

Provide an incentive for students who haven’t achieved legal residency to remain in school until
graduation

Increase the educational achievement of undocumented immigrants, increasing their tax
contributions to the local, state, and federal governments and reducing their drain on government
resources

Stimulate economy by increasing the income, and therefore the spending, of undocumented
immigrants

Government could recoup the cost of educating undocumented students through the K-12 system
(which is constitutionally required). Research indicates that over the long term, immigrants
contribute more to the US economy than they cost in governmental services, and their economic
contribution increases with education. The potential contribution of undocumented immigrants is
limited if they are not able to work legally.

Would increase workforce at a time when more college graduates are retiring
Arguments against include:

Rewards immigrants who have violated US law

Encourages illegal entry into the US

Not a significant economic benefit: undocumented immigrants make up an insignificant
percentage of all US students. (The Urban Institute estimated there were 1.8 million
undocumented children in the US in 2005, of a total of 73 million children)

Undocumented immigrants cost the government more money than they contribute in taxes

The country’s limited resources should be put toward people who are here legally
Sources:
“The Economic Benefits of the DREAM Act and the Student Adjustment Act.” National Immigration Law Center,
February 2005.
“The New Americans: Economic, Demographic, and Fiscal Effects of Immigration.” Smith, James P. and Barry
Edmonston, Editors. Panel on the Demographic and Economic Impacts of Immigration. National Research
Council.
Passel, Jeffrey S. “The Size and Characteristics of the Unauthorized Migrant Population in the U.S.: Estimates
Based on the March 2005 Current Population Survey.” Pew Hispanic Center, March 7, 2006.
http://pewhispanic.org/files/reports/61.pdf
2005 American Community Survey
State Dream Act
Would allow undocumented students to attend public colleges and universities at the in-state tuition rate.
11 states have passed some form of this law. Was proposed in MN in 2006 (HF 566/ SF 627) and 2007
(HF 722, SF 653) but did not pass. Many forms, including the bill proposed in MN, would require students
to have lived in the state for a certain number of years and to have graduated from high school in the
state.
Arguments for include:

Reduces the financial barrier to higher education for undocumented students

Would reduce dropout rates, decreasing costs to government of criminal justice and use of public
benefits

The bill did not have an attached fiscal note, because it was expected to be of no cost to the state

Would be a statement on behalf of the state in support of undocumented students
Arguments against include:

Contradicts, at least in spirit, federal immigration law. If MN wants to support undocumented
students, it should first work to change the federal law.

Federal law prohibits states from offering tuition levels to undocumented immigrants on the basis
of residency in a state that are not offered to US citizens living outside of the state (Illegal
Immigration Reform and Immigrant Responsibility Act of 1996). Most states have attempted to
avoid this issue by not asking students’ immigration status (California requires students to file
affidavits that they intend to legalize their status as soon as they are eligible to do so under
federal law.)

Would not eliminate many barriers for undocumented students; they would still not be eligible for
financial aid

Many of same arguments as against federal DREAM Act
Possibilities for change within schools
Including:

Develop a protocol within or across schools for dealing with undocumented students, because it’s
generally done on a case-by-case basis now; different students receive different responses

Non-resident tuition wavers for undergraduates, e.g. for students of color and high-achieving
students – Do MNSCU campuses or the University currently do this? Could it be extended to
undocumented students as well as non-resident students?

Allow students to receive financial aid from the school regardless of their eligibility for FAFSA
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