Associated Press
Colleges are within their rights to deny admission to illegal immigrants, a federal judge ruled yesterday in a lawsuit against Virginia public universities.
The ruling by U.S. District Judge T.S. Ellis III in Alexandria dismisses the core claim of an immigrant-rights coalition that filed suit against the schools.
The coalition had argued that the schools' policy to deny admission to illegal aliens unconstitutionally usurped the role of the federal government in regulating immigration.
The lawsuit will be allowed to go forward, though on the plaintiffs' claim that the colleges are not using federal standards to determine which applicants are illegal aliens. The lawsuit says, for instance, that students with temporary legal status are being denied admission because they are perceived to have illegal status.
The lawsuit was prompted by an advisory opinion from Virginia Attorney General Jerry W. Kilgore that recommended against enrolling illegal aliens. Latino-rights groups argued that the policy hurt children whose illegal status was no fault of their own, but often resulted from the decisions of their parents.
Mr. Kilgore has argued that the benefits of higher education should be reserved for those who adhere to U.S. immigration law and are in the country legally.
Posted by Suzanne at February 26, 2004