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VerdictThe Judicial Watch

Because no one is above the law!®  A News Publication from Judicial Watch lMarch 2011 lVolume 17 lIssue 3 

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JW Files Lawsuit to Fight Tuition Breaksfor Illegal Aliens

ost Americans would nd itoensive to think their taxdollars were being used to il-

legally subsidize the college education

o illegal aliens. But that is exactly  what is happening in institutions o higher education across the country. At least eleven states have laws grant-ing discounted tuition or illegal aliensto public colleges and universities.

But in Montgomery County,Maryland the tuition policy at onelocal community college is not only oensive; it is also unlawul. And Judicial Watch has taken legal action

to put a stop to it.On Tursday, January 20, 2011 Judicial Watch led a taxpayerlawsuit against the Board o rusteeso Maryland’s Montgomery Collegeor unlawully charging discounted“in county” tuition rates to students who graduate rom Montgomery County public high schools,regardless o their immigration statusor place o residency.

Te new lawsuit alleges Montgom-ery College’s tuition policy violatesboth Maryland and ederal law andplaces a substantial nancial burdenon Montgomery County taxpayers who subsidize the cost o studentsattending the community college. Judicial Watch led the lawsuit onbehal o Montgomery County tax-payers Michael Lee Philips, Patricia

Fenati and David Drake in the Cir-cuit Court or Montgomery County.

According to Judicial Watch’scomplaint:

“Under ederal law, unlawully pres-ent aliens generally are ineligibleor state or local public benets,including post-secondary education

benets such as reduced tuition,unless a state has enacted a law afrmatively providing or sucheligibility. Te State o Marylandhas never enacted a law afrma-tively providing that unlawully present aliens are eligible to receivereduced, in-county tuition at publicinstitutions o higher education,

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including community colleges sucas Montgomery College…

“Pursuant to Maryland law,‘Montgomery College is requiredto charge out-o-state tuition toany student who attends a com-munity college in the State o Maryland and is not a resident othe State…’

“Deendant Board’s long-standinpolicy is causing substantial, pecuniary loss to taxpayers in Mont-gomery County and the State o Maryland. By providing reducedin-county tuition to all students who graduate rom Montgom-

Judicial Watch client Michael Philips (L); JW President Tom Fitton (C); Maryland State Delegate

Pat McDonough (R) at a press conerence in Annapolis, MD on January 20, 2011 announcing a new

lawsuit to stop illegal tuition benefts or illegal aliens.

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2  March 2011 l Volume 17 l Issue 3 

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March 2011 lVol. 17 lIssue 3

ery County public high schools,regardless o their residence orstatus as unlawully present aliens,Montgomery College is ailing tocollect revenue that, by state andederal law, it is required to collect.”

By law, the tuition paid by astudent who attends community college is determined by a student’splace o residence. Students who areresidents o the county or countiessupporting the community collegethey attend are charged an in-county rate. Students who are residents o the State o Maryland, but resideoutside the county or counties sup-

porting the community college they attend are charged an instate rate.Students who reside outside the Stateo Maryland are charged an out-o-state rate.

However, Montgomery Collegehas a long-standing policy o pro-viding graduates o Montgomery County public high schools, includ-ing illegal aliens who unlawully re-side in the United States, the lowest

“in county” tuition rate regardless o their place o residence.

Montgomery College describedthis policy in nancial statements orFiscal Years 2007, 2008 and 2009:“[]he Montgomery College policy isapplicable to all persons, equally, andincludes all citizens as well as undocu-mented aliens…” Te tuition policy  was ormally adopted by Montgom-ery College’s Board o rustees on

November 15, 2010.But it bears repeating. Montgom-ery College’s tuition policy is illegal without specic permission grantedby the Maryland State Legislature.

Tis is probably why Montgomery College’s tuition policy is so vastly dierent rom other institutions o higher education, as Te WashingtonPost noted recently: “Some publiccolleges in the region don’t admit

illegal immigrants as students, andthose that do typically charge themhigher non-resident rates becausethey cannot prove legal residency.”

Laws in Maryland and Virginia

allow public universities to acceptillegal aliens, but they are underno obligation to do so, and theseinstitutions certainly cannot providethem illegal perks in the orm o dis-counted tuition. (In act, the Uni-versity o Virginia, as the Post notes,has gone to court to protect its rightto deny admission to illegal aliens.)

How much taxpayer money isat stake? Between 2006 and 2009,Montgomery College ailed to col-lect $5,870,852 in tuition ees dueto its policy o unlawully allowing adiscounted “in county” tuition rateto illegal aliens and other “out o state” students.

Te policy has been questioned by the College’s own auditors. MarylandState Delegate Pat McDonough (R)rst alerted Judicial Watch to thisissue last year, prompting Judicial Watch to conduct an independent in-

vestigation, which led to this taxpayerlawsuit.

 As one o Judicial Watch’s clients,Mike Phillips, said at our press coner-ence, the policy is simply “grossly unair.”

“Montgomery College’s unnelingo tax dollars to tuition benets orillegal aliens is against the law. Tepolicy is especially egregious in thisage o government budget crises and

it must be stopped beore other insti-tutions o higher education ollow suit by providing taxpayer undedtuition breaks to illegal aliens,” stated Judicial Watch President om Fitton.“Our taxpayer clients hope the court will put a stop to Montgomery Col-lege’s policy o providing illegal perksat taxpayer expense.” JW