Verdict Immigration 062011 3

8/3/2019 Verdict Immigration 062011 3

http://slidepdf.com/reader/full/verdict-immigration-062011-3 1/3

O

VerdictThe Judicial Watch

Because no one is above the law!® A News Publication from Judicial Watch lJune 2011 lVolume 17 lIssue 6

Get the latest corruption news delivered right to your email in-box. Sign up for Tom Fitton’s Weekly Update.

n a dramatic and clear-cutvictory for the rule of law,

Judicial Watch forced theCounty College of Morris (CCM)in New Jersey to reverse an unlawfulpolicy allowing illegal aliensdiscounted tuition at the school. As reported by the New Jersey Daily Record in an article entitled,“Lawsuit Worries Prompted Reversalon College uition for IllegalImmigrants”:

“One County College of Morristrustee mentioned the prospectof being sued and payinghundreds of thousands of dollarsin legal bills. Others said legalconsiderations played a part intheir deliberations over tuitionrates for illegal immigrants.”

“In the weeks leading up totheir vote…CCM’s trustees hadreceived letters from freeholdersand a national conservative groupcalled Judicial Watch sayingthey were violating federal laws.Concerns about those laws,and the possibility of lawsuits,seemed to spur a 9-2 vote tocharge higher, out-of-state ratesto undocumented students even if they live in the county.”

Indeed, in early April Judicial Watch President om Fitton sent aletter to the chairman of the Boardof rustees for CCM challenging theschool’s policy of providing discount-ed tuition for “undocumented” aliens.CCM immediately informed Judi-cial Watch that it had commenced areview of its tuition policy. And one week later, the school’s trustees votedto overturn a policy they had estab-lished just two months prior.

Te chair of the Board of rusteessuggested Judicial Watch had “bul-lied” the Board into reversing itspolicy. JW Director of LitigationPaul Orfanedes, answered this chargedirectly in the media:

“If you think encouraging people

to follow the law is bullying, then we are bullying.”

“Sometimes even the threat of alawsuit can work wonders. Tis isa tremendous victory for Judicial Watch and its supporters. We arethrilled CCM’s Board of rusteeshas made the right decision to brinits tuition policy back into line with federal immigration law,” said Judicial Watch President om Fitto

Judicial Watch was tipped o toCCM’s illegal policy by the February18, 2011, edition of Te New Jersey Star-Ledger :

“For the rst time in nearly adecade, illegal immigrants willbe allowed to take classes at the

®

Judicial Watch Victory!

Judicial Watch Forces New Jersey School toAbandon Discounted Tuition Break for Illegal Aliens

Illegal alien college

students at the UCLA

day labor centerwatch a televised

California Senate

vote that would have

granted citizenship

status to illegal aliens

who enroll in college.

JW continues to

aggressively battle

sanctuary policies that

lead to more border

crossings and worsen

the illegal alien crisis.



2 June 2011 l Volume 17 l Issue 6 l Immigration Supplemental

Judicial Watch Board of DirectorsChris Farrell

Tom Fitton

Paul Orfanedes

Editorial Consultant

Brandon Millett

Circulation Director

John Albertella

Design Consultant

Jeanne Minnix Graphic Design, Inc.

Public Affairs Director

Jill Farrell

Production Manager

Federico Lines

Telephone

(202) 646-5172 or 1 (888) 593-8442

Fax

(202) 646-5199

Email

[email protected]

Internet Site

www.JudicialWatch.org

Send your comments

and questions to

Editor, The Judicial Watch Verdict ® c/o

[email protected].

Annual suggested donation is $35.

Requests should be sent to:

The Judicial Watch Verdict ®

Judicial Watch, Inc.

425 Third St., SW, Suite 800

Washington, DC 20024

The Judicial Watch Verdict ® is publishedmonthly and distributed to its members,

supporters and interested parties by

Judicial Watch, Inc., a 501(c) 3 non-prot

organization incorporated in 1994 in the

District of Columbia. Copyright 2011

Judicial Watch, Inc. © All rights reserved.

Editorial content may be duplicated with

attribution and without permission.

June 2011 lVol. 17 lIssue 6

Immigration Supplemental

County College of Morris in apolicy change that is drawing praisefrom some education ocials andsharp criticism from immigrationpolicy activists.”

“Te trustees at the Randolph-based college voted 7-1 earlierthis week to reverse a rule barringundocumented students, schoolocials said. Starting thissummer, the public two-yearcollege will be one of the rstschools in New Jersey to openly acknowledge it is enrolling illegalimmigrants and allowing them topay the same

tuition rate as other county residents.”

Prior to the policy change CCMhad barred illegal aliens fromadmission to the school.)

Te article piqued the interestof JW’s lawyers and investigators, who obtained a copy of the CCMadmissions policy. And sure enough,it clearly stated that any illegal alien

who graduated from an Americanhigh school (or possesses a GEDequivalent), is under the age of 35,and has lived in the U.S. for veconsecutive years, would be eligiblefor admission. Te policy furtherstipulated that illegal alien studentscould pay a discounted in-county tuition rate!

As Judicial Watch noted in itsletter illegal aliens are ineligible for

state and local public benets, such asdiscounted tuition, under federal law.Tere is no way to reconcile

CCM’s policy with federal law. Tepolicy provides a public benet toindividuals who are clearly ineligiblefor benets under federal law andNew Jersey has not authorized theprovision of such benets. CCMmay not ignore federal laws whenthose laws are not consistent with its

own policy preferences.Federal law states that unlawfully

present aliens generally are ineligiblefor state or local public benets,including postsecondary educationbenets, such as reduced tuition,unless a state has enacted a law armatively providing for sucheligibility. Te State of New Jersey has enacted no such law. CCMsimply decided to act on its own without proper legal authority.

“Obviously, we can’t have collegesand universities ignoring federal law because they may have sympathiesfor a certain student population,”continued Fitton.

JW’s challenge to CCM is not itsrst attempt to stop institutions of higher education from doling outperks to illegal aliens. (And it willnot be the last, as JW is consideringsimilar challenges in other states,including Utah and California.)

On January 20, 2011, Judicial Watch led a taxpayer lawsuit againstthe Board of rustees of Maryland’sMontgomery College for unlawfully

allowing discounted “in county”tuition rates for students whograduate from Montgomery County public high schools, regardless of theirplace of residency or immigrationstatus.

Te lawsuit argued thatMontgomery College’s tuition policy violates both Maryland and federallaw and places a substantial nancialburden on Montgomery County

taxpayers, who subsidize the cost of students attending the community college. Judicial Watch led thelawsuit on behalf of Montgomery County taxpayers Michael LeePhilips, Patricia Fenati and DavidDrake in the Circuit Court forMontgomery County.

In an attempt to moot the legalchallenge, the Maryland legislaturepassed legislation authorizing illegal



www.JudicialWatch.org

aliens to obtain taxpayer-funded in-state tuition benets. (Liberals runthe Maryland State Legislature sothis did not come is a big surprise.)However, the good news is that thisaront to the rule of law may besubject to a voter referendum.

As Verdict readers well know, Judicial Watch tries to leaves few stones unturned when it comes toconfronting sanctuary cities andstates that roll out the welcomemat for illegal aliens (with thefull endorsement of the Obamaadministration.) Whether it istaxpayer cash for college tuition forillegal aliens, taxpayer-funded day

labor sites, or lax illegal alien law enforcement policies, JW confrontseach challenge aggressively. JW

“[T]o use millions in tax dollars to

provide these individuals tuition

benets not available to lawful

U.S. residents (including legal

immigrants) who live outside

Maryland is a waste of limited

resources. If the rule of law means

anything, states will not use tax

money to provide aid and comfort

to those who reside here in know-

ing violation of the law. And if the

goal of Maryland legislators is tohelp individuals violate federal

and state laws regarding illegal

immigration, there are cheaper

ways to do it.”

– JW President Tom Fitton,

Published letter to the Editor,

The Washington Post,

March 19, 2011.

Tom Fitton

u u u u u u u u u u u

Te following are just a few of Judicial Watch’s lawsuitsand Freedom of Information Act (FOIA) requests led inMarch and April 2011 (Visit www.judicialwatch.org formore information):

Lawsuits

n Department of Homeland Security: FOIA lawsuit forrecords concerning communications between Depart-ment of Homeland Security and the Obama WhiteHouse related to an illegal alien who allegedly killed a

nun.n Department of Health and Human Services: FOIA

lawsuit for records concerning government-fundedObamacare propaganda campaign.

n Department of Homeland Security: FOIA lawsuit forrecords concerning pending illegal immigration cases inHouston, exas.

n Department of Homeland Security: FOIA lawsuit forrecords concerning suspension of removal proceedingsof illegal immigrants.

FOIAS

n Department of Health and Human Services: Requestfor records concerning Obamacare waivers granted tocompanies and organizations.

n DOMA: Requests for records concerning the Depart-ment of Justice decision to stop defending the Defenseof Marriage Act.

n County College of Morris: Request for statistics con-cerning undocumented students currently enrolled inCounty College of Morris in New Jersey.

n LA Sheri’s Oce: Request for travel records from theLA Sheri’s Oce, related to press reports regarding

outreach eorts by his oce to Muslim countries.n State Attorney General Oces from all 50 States:

Request for communications with Consumer ProtectionCzar Elizabeth Warren, who is organizing thecontroversial Bureau of Consumer Financial Protection.

n Department of Health and Human Services and Oceof Management and Budget: Communications withPlanned Parenthood relating to the FY 2011 budget.

n Manhattan Community Board 1: Request for commu-nications regarding the planned Ground Zero Mosque.

Judicial WatchInvestigations and

Lawsuits at a Glance

Verdict Immigration 062011 3

Documents

Transcript of Verdict Immigration 062011 3