From Deseret News archives:
Utah grad has degree — but no visa
But, as this graduate recently donned his cap and gown, he knew that — at least in the near future — his immigration status makes his employment opportunities uncertain.
Israel is working at a customer service job that doesn't require a degree because he knows employers in his field would more carefully scrutinize his background.
"It's kind of frustrating," said Israel, who asked to be identified by only his first name but consented to have his photograph printed in the paper. "You have the education, but you can't really advance your status."
Originally from the state of Sonora, Mexico, Israel says he had a tourist visa when he visited his sister in Provo about 10 years ago. He decided to stay to learn English and to further his education.
When he applied to attend UVSC, he didn't qualify for government financial aid.
He did, however, qualify for in-state tuition because of a 2002 law that allows students to pay in-state tuition, regardless of their legal status, if they attend a Utah high school for three years and graduate.
He says the in-state rate, which is about a third of the out-of-state rate, made his education possible.
However, the uncertain future that Israel is now facing is a key reason that Rep. Glenn Donnelson, R-North Ogden, has for the past four years tried to repeal the tuition law.
Donnelson sees the law as "selling false hope" to undocumented youths.
"We give them a degree and they can't use it," Donnelson said. "If they go back to Mexico, what happens? It's 10 years until they can come back here."
Donnelson was referring to a federal law that places a 10-year bar on re-entering the country for adults who live here illegally for more than one year, unless they can qualify for a waiver. That bar doesn't apply to youths under 18, and some advocates for the tuition repeal have said students would be better off returning to their home country after graduating from high school and applying for a student visa.
However, to obtain a student visa, those students would have to show a financial ability to pay for their education and prove they don't intend to immigrate.
Other arguments against the tuition law include concerns it could violate federal law and the contention that it's unfair to allow undocumented students to pay a lower rate than out-of-state students or those with student visas.
This fall, 241 undocumented students were enrolled at the University of Utah, Salt Lake Community College and UVSC, the three schools with the highest attendance under the waiver.
