Illegal immigrants face ban on college

RALEIGH, N.C., May 20 (UPI) -- North Carolina lawmakers say a 1996 federal law means state community colleges no longer have to offer admission to illegal immigrants.

Community colleges asked the state attorney general in November to clarify the law, which bars states from "providing a post-secondary education benefit to an alien not lawfully present ... ."

At issue is what the "benefit" entails.

The state attorney general said the U.S. government did not adequately clarify the law and told the community colleges it would be a better legal move if they didn't admit illegal immigrants, Stateline.org said Tuesday.

U.S. Immigration and Customs Enforcement agency spokeswoman Pat Reilly said foreign nationals can attend U.S. colleges through a student exchange program, but not illegal immigrants.

But a Kansas case on its way to the U.S. Supreme Court, Day vs. Bond, challenges a state law that favors in-state illegal immigrants over out-of-state U.S. citizens in apparent violation of the 1996 "benefits" law.

Richard Samp, legal counsel for the Washington Legal Foundation, which supports the challenge, says the 1996 federal law imposes no restrictions on the state.

"Federal law doesn't prohibit (states) from providing a benefit. They just can't give it in a discriminating fashion," he said.