The North Carolina Community College System (NCCCS) is the governing body for North Carolina's 58 public community colleges and has been empowered by the state of North Carolina to "adopt all policies, regulations and standards it may deem necessary for operation of the System" by the North Carolina General Assembly. On March 19, 2010, the State Board of Community Colleges approved policy 23 N.C.A.C. 02C .0301 entitled "Admission to Colleges". The State Board has been researching and amending the policy for a decade now and it was implemented on July 10, 2010, after completing the full amendment process. The Admission to Colleges policy states "undocumented immigrants can enter the system's 58 community colleges if they are a graduate of a United States high school, pay out-of-state tuition, and do not displace a North Carolina or United States citizen"
According to a research study completed by JBL Associates, Inc., and Powers, Pyles, Sutter & Verville PC, undocumented students are "those students who are non-United States citizens and do not hold a valid visa or other recognized immigration status authorizing them to be lawfully present in the United States". Each state has a different policy such as admitting undocumented students or not admitting them at all.
Background history On August 22, 1996, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was enacted by congress followed closely by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) on September 30, 1996. These policies transformed the United States immigration laws that existed before the act was passed. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 denied all state and federal benefits to those who are not qualified aliens. Qualified aliens are those who are:
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was introduced to improve border protection and enhance penalties against smugglers and employers of undocumented aliens. It also set the basis for states to implement their own laws to either allow or deny undocumented students admission into their schools. Section 505(a) of the IIRIRA states:
After these federal laws were passed, the North Carolina Community College System board met, discussed, and implemented their first policy on undocumented students in North Carolina community colleges. This first policy implemented on December 21, 2001, stated "undocumented students could be admitted to community colleges only if they were: (1) In high school and enrolling in college-level courses; (2) Enrolling in non-college-level courses or programs (such as GED preparation courses); or (3) Determined to meet other qualifying conditions set forth under Federal law". The only way an undocumented student could enroll in a North Carolina Community College is if they met one of three criteria listed and they paid out-of-state tuition. They were not permitted to enroll for purposes of post-secondary education.
Almost two years later, the board met to discuss and implement their second policy regarding undocumented students on August 13, 2004. This policy gave each individual North Carolina community college the discretion to choose to enroll undocumented students or deny them. This second policy "permitted the enrollment of undocumented non-immigrant applicants to curriculum, continuing education, and basic skills programs and required qualifying undocumented non-immigrants to pay out-of-state tuition
Three years later, on November 7, 2007, the board issued a third memorandum stating "All colleges are to maintain an open-door admission policy to all applicants who are high school graduates or who are at least 18 years of age". The downside to this new policy is that undocumented students are to continue to pay out-of-state tuition. This new policy concerned NCCCS board members and so they sent a letter to the North Carolina Attorney General. In this letter the NCCCS is asking if their policy allowing undocumented students into North Carolina's Community Colleges is in compliance with Federal and State law. In response to the NCCCS's letter, the North Carolina Attorney General's office advised the board to return to their December 21, 2001, policy because it "would more likely withstand judicial scrutiny". Governor Mike Easley on the other hand suggested the NCCCS Board to continue their current policy since there is no federal policy. In response to Governor Easley's suggestion, the board replied to the Attorney General asking them to seek federal advice from The Department of Homeland Security.
While awaiting response from Homeland Security, the NCCCS board issued a fourth memo on May 13, 2008, stating:
This policy was intended to be a temporary policy until the board could find out what would be best for them and the state of North Carolina.
Policy agenda setting
Worried about public and judicial scrutiny, General Counsel Q. Shante Martin asked the North Carolina Attorney General on May 9, 2008, to consult the Secretary of the Department of Homeland Security for guidance "on the issue of the admission of undocumented or illegal aliens to local community colleges when state law does not affirmatively provide for such eligibility". The North Carolina Attorney General's office requested clarification on May 28, 2008, and the Department of Homeland Security responded on July 9, 2008, stating
With this in mind, the NCCCS board was still not sure on how they should formulate their next policy. They questioned themselves about whether or not they should bar all undocumented students from entering the post-secondary schools or allow them at the out-of-state tuition rate.
Several different North Carolina key politicians, NCCCS board members, North Carolina Community College Presidents, North Carolina University professors, non-profit entity members, and North Carolina citizens were concerned about the next policy and thus gave their input. These letters are on file for the public to see. There were concerns from Senator Phil Berger (who was the Republican Leader of the North Carolina Senate at the time), then-Lieutenant Governor Bev Perdue, and North Carolina residents asking the NCCCS board to maintain their admission policy prohibiting undocumented students until they figure out a long-term policy. There were also concerns from the chairman from the board of trustees at Isothermal Community College, members from the North Carolina Association of Community College Presidents, members of the North Carolina State University's Business Committee on Higher Education, the president of the North Carolina Association of Educators, the Director of the Hispanic Ministry, the chief executive officer of the Latino American Coalition, and North Carolina residents who were in favor of changing the policy to allow undocumented students into the schools. To determine a long-term policy that best suits the State of North Carolina and its citizens, the Policy Committee for the State Board of Community Colleges decided that the State Board should employ an independent consultant to study issues surrounding the admission of undocumented students into the North Carolina Community College System. The board voted and approved on September 18, 2008, to have a research study completed by an independent consultant with a budget of $75,000.
Formulation of the policy The research conducted for the North Carolina Community College System was completed by two different research organizations; JBL Associates, Inc. and Powers, Pyles, Sutter & Verville PC. The reasons for this research were to address the issues dealing with the admission of undocumented students and to determine an adequate, long-term policy for the State of North Carolina. In this report, JBL Associates and Powers, Pyles, Sutter & Verville split up the work to complete an analysis of different state policies on the admission of undocumented students in public schools of higher education across the nation and to calculate the local and state resources needed to support a full-time undocumented student. The states researched and surveyed were "Arizona, California, Colorado, Florida, Georgia, Illinois, New Mexico, New York, South Carolina, Texas, and Virginia".
The research Team JBLA-PPSV divided the undocumented students in each researched state into three categories: access/low cost, access/high cost, and no access. States who are access/low cost allow undocumented student to receive in-state tuition based on several factors met. As of 2009, states surveyed that follow this method are California, Illinois, New York, New Mexico, and Texas. To receive in-state tuition in these states, undocumented students must graduate from a state high school, attend a state high school for a specified number of years, or receive their Graduate Equivalence Diploma from the state. These legislative exemptions, exceptions, or changes allow the state to bypass Section 505 of the IIRIRA of 1996 and allow for undocumented students to receive in-state tuition. Following the access/low cost method has its positives and negatives. The positives for North Carolina to use this method are that it will increase access to higher education and decrease verification costs. The negatives are that it could be a burden for tax payers, cause for legislation changes to tuition standards, and potentially be challenged in court.
The next method, access/high cost, allows for any undocumented student to enter into the community college system, but they must pay out-of-state tuition. North Carolina followed this policy from 2004 to 2008, but changed the policy to a "no-admission" policy to allow time for JBLA-PPSV to research more effective methods. States that follow this method are Arizona, Colorado, Florida, Georgia, and Virginia. The positives of this method for North Carolina are that there will not be a tax payer burden, there will be no need to change legislation, and it reduces the risk of legal challenge. The negatives are that if undocumented students cannot afford the tuition, then they will not be going to college and potentially be what Texas Governor Rick Perry describes "a drag on our society". The second negative aspect is that there will be an increase in the SAVE verification process to decide who is here legally and who is not.
The last category to follow is the No Access method. There is only one state that follows this method and that is South Carolina. Even if the undocumented student has graduated from an in-state high school, they are not allowed to enroll at any public school of higher education in the state. The positives of this method for North Carolina are that there is no tax payer burden and that there is low risk of legal challenge. The negatives are that there is no access to higher education for undocumented students, there will be an increase for verification costs for the SAVE program, and a cause for regulatory change for the state.
Team JBLA-PPSV also examined the method the UNC System uses when accessing the admission of undocumented students. The UNC System allows for the admission of undocumented students as long as they graduate from a high school in the United States. If the undocumented student is admitted, then they are treated as out-of-state and will not receive any financial aid in the form of grants or loans. There will be an eighteen percent cap on tuition on all out-of-state freshman and undocumented students cannot be placed into a program where they can receive a professional license. This policy applies to all UNC schools across the state meaning that one school cannot deny undocumented students while the others accept them. To follow the UNC System in the way that they handle undocumented students, the NCCCS would be implementing policy differently from previous practice.