Tuition measure moves forward

Bill gives children of immigrants break on college costs

by Joe Hanel
Herald Denver Bureau

Article Last Updated; Thursday, April 02, 2009 7:22AM

DENVER - A bill giving in-state tuition to illegal immigrants survived a crucial vote Wednesday, because of the absence of one opponent.

When people get a higher-education degree, they do all the hopeful things in society that you want them to do, like paying taxes.

- Sen. Chris Romer, D-Denver

Sen. Chris Romer's Senate Bill 170 gives in-state tuition to people who came to Colorado illegally as minors and have spent three years in a Colorado high school. They would also have to pledge to apply for U.S. citizenship.

The bill was heard Wednesday in the Senate Appropriations Committee, which handles all bills that have a financial effect on the state budget.

The Legislature's nonpartisan budget experts predicted the bill would have a positive impact of $165,000 to $660,000 for the state, because more youths would attend college and pay tuition.

Romer said it should have been an easy "yes" vote for the Appropriations Committee members.

"When people get a higher-education degree, they do all the hopeful things in society that you want them to do, like paying taxes," said Romer, D-Denver.

But Republicans are fighting hard against the bill. Sen. Mike Kopp, R-Littleton, told Romer the bill breaks a federal law that requires cheaper in-state tuition for all U.S. citizens if illegal immigrants get the same rate.

"This is a massive problem for you, senator," Kopp said.

He cited a California state court decision that went against a bill similar to Romer's.

But Romer said the 10th Circuit Court of Appeals - the highest federal court in Colorado - has declined to hear challenges to similar laws in its jurisdiction.

The "very, very conservative red states" of Texas, Oklahoma and Utah have already passed similar bills, Romer said.

His bill survived Wednesday because Republican Ted Harvey of Highlands Ranch is out of town until Friday. On Monday, Democrats moved Romer's bill and seven others from Friday's calendar to Wednesday morning.

Kopp called the timing a ploy to get Romer's bill passed, but committee chairman Abel Tapia, D-Pueblo, said he was merely trying to handle a large workload of two dozen bills that had been scheduled for Friday.

One Democrat, Moe Keller of Wheat Ridge, voted against the bill. If Harvey had been present, it would have died on a 5-5 tie.

Romer hopes to debate the bill on the Senate floor Friday.

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