H.B. 253                                                 VETOES

the floor of the House of Delegates is not enough to justify signing House Bill 253 into
Maryland law.

There are several reasons for my veto. First and foremost, there is a federal law that
preempts the states from acting on this issue. In the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Congress clearly spelled out its policy on this
issue by passing into law the following provision:

Notwithstanding any other provision of law, an alien who is not lawfully present in
the United States shall not be eligible on the basis of residence within a State (or a
political subdivision) for any postsecondary education benefit unless a citizen or
national of the United States is eligible for such a benefit (in no less an amount,
duration, and scope) without regard to whether the citizen or national is such a
resident. 8 U.S.C. 1623.

House Bill 253 attempts to circumvent this section by basing eligibility for in-State
tuition not on residence, per se, but on where the undocumented immigrant attended
high school. This is an approach which has been taken in a handful of other states
since 2001, and which is too recent to have a record of being challenged in the courts.
This approach, if it does not violate the law, certainly violates the spirit of Section
1623. Moreover, the approach leaves open the possibility that in-State tuition would
be available to undocumented immigrants who physically reside in neighboring states
or the District of Columbia, but attend successfully Maryland high schools.

Second, the fiscal note on this bill is indeterminate. The Department of Legislative
Services is unable to determine what the cost of this law would be. Given the fact that
community colleges must accept all applicants, the cost to the State under the
Senator John A. Cade funding formula could be significant, especially if
undocumented immigrants physically residing in other jurisdictions began attending
Maryland's institutions of higher learning at the in-State tuition rate. State aid
under the formula would be approximately $2,113 per pupil in fiscal 2006, $2,144 in
fiscal 2007, and $2,176 in fiscal 2008. The General Assembly is well aware of the
fiscal crisis that Maryland is facing. Now is not the time to enact laws that could cost
the State potentially large, but indeterminable, amounts of money.

Third, there is no requirement in House Bill 253 that Maryland's four-year
institutions increase the number of people they accept for in-State tuition to account
for the increase in applications from undocumented immigrants. Given the huge
difference between in-State and out-of-State tuition at Maryland's institutions and
the current fiscal crisis, it is highly improbable that these institutions would increase
the number of in-State tuition acceptances and decrease the number of out-of-State
tuition acceptances. As a result, it is reasonable to assume that undocumented
immigrants - an indeterminate number due to the fact that many are in the country
illegally and may physically be in other states - will take in-State tuition slots from
legal Maryland residents. The purpose of in-State tuition is to provide a valuable
benefit to the children of Maryland residents who live, work and pay taxes here.
House Bill 253 undermines this purpose to the detriment of Maryland residents by
offering this benefit to those who are not in the United States legally, and thereby
rewards illegal behavior. This bill does not require the showing that the

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