FACT SHEET – IN-STATE TUITION
Students Unlawfully in the U.S. Cannot Legally Work in the U.S.
Under current immigration law, students who were brought into the United States unlawfully by their parents cannot legally work in the United States during the time they are attending college.
American employers cannot legally hire students who are illegally in the United after they graduate because the students are still not authorized to work or to change their status. If the students voluntarily leave the United States after graduation, American employers they will not be eligible to re-enter the United States legally for ten years.
Students Who Work Without Authorization Commit Multiple Felonies
Students unlawfully in the United States who accept paid employment commit up to three felonies just to obtain a job. However, students benefiting from the in-state tuition programs for unlawful entrants tell news reporters that they are working. If these students are employed by a reputable employer, they will have had to present a social security card and some other form of identification in order to convince the employer that they are authorized to work in the United States. Since they cannot legally obtain social security cards, they will have committed:
- Document fraud/forgery in order to obtain the cards.
- Perjury on their I-9 forms.
- Identity theft if the social security numbers belongs to someone else.
In-State Tuition Program – A Disservice to Beneficiaries
Advocates of Utah’s special in-state tuition program for the children of illegal aliens continue to support a program that fails to provide students from low-income families with a legal means to help pay for their education. Simply turning a blind eye to illegal activities is not a solution nor is it in the best interest of young people.
Solutions
1. Student Protection. Prohibiting students who wish to take advantage of the in-state tuition program from working until they can legally do so protects them from the serious consequences associated with illegal employment. In addition, advocates for in-state tuition can voluntarily provide funding for students who wish to benefit from the program thereby eliminating the need to work illegally.
2. Student Responsibility. Requiring students to obey the law helps them understand that there are serious felonies associated with working illegally in the United States and it teaches students that they have a responsibility to honor and sustain the laws of the United States.
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Employment Related Identity Theft Information
In Utah, 16% of identity theft is job related. Based on results of an investigation by state and local officials, it is estimated that over 50,000 Utah children are the victims of identity theft. 1,629 companies were found to be paying salaries to the social security numbers of Utah children on public assistance under 13 years of age and one child had 37 adults using his/her number. A press release from the Utah Attorney General’s Office reported that “The ongoing investigation has uncovered an alarming new crime spree involving illegal aliens and identities stolen from victims under the age of 12…The suspects allegedly used the young victim’s social security numbers to get jobs.”
Prepared by Ronald Mortensen, Ph.D., FSO (retired) Utah Coalition on Illegal Immigration
Citizens For Tax Fairness 