Immigration

North Carolina Bans Illegal Immigrants from Community Colleges

On May 13th, 2008, North Carolina’s community college system banned all illegal immigrants from obtaining degrees at the state’s public community colleges.  The community colleges based the decision on the advice of the state’s Attorney General’s office.  The Attorney General’s opinion interpreted 8 USC Section 1621, which provides certain aliens are ineligible for state and local public benefits, extended a ban to include the benefit of public higher education.  Although only community colleges have implemented the ban, state universities could follow suit under the same rationale.

The Department of Homeland Security (DHS) has stated that federal law leaves it up to individual institutions to decide whether to admit undocumented immigrants.  At this time, DHS does not require schools to determine an enrollee’s immigration status.  See the DHS letter here.  Therefore, this remains a state-by-state determination, not a national rule.

Immigration activists hail the ban as a victory that will discourage further illegal immigration.  Opponents argue banning education of illegal immigrants will disserve a society where undocumented immigration is inevitable.  Instead, they argue immigrants who are steeped in American culture should be educated so they can contribute within their communities.

Currently, this is an unsettled area of the law.  A judicial challenge may ultimately be required to determine the legality of the ban.

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