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Judicial Watch • Letter to CCM 4142011

Letter to CCM 4142011

Letter to CCM 4142011

Page 1: Letter to CCM 4142011

Category:General

Number of Pages:3

Date Created:April 11, 2011

Date Uploaded to the Library:February 20, 2014

Tags:CCM, 4142011, letter


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Judicial 
Watcli 

Because one above the law! 
VIA FACSIMILE 

AND U.S. MAIL 
April 11, 2011 
Elaine Johnson 
Chair the Board Trustees County College Morris 
214 Center Grove Road Randolph, 07869-2086 
Re: 	Admissions Morris "Uudocumented" Individuals Reduced Tuition 
Dear Ms. Johnson: 
Judicial Watch, Inc. educational organization that seeks promote transparency, integrity, and accoW1tability government and fidelity the rule oflaw. frequently work 
with like-minded citizens and taxpayers across the United States who share our respect for law 
enforcement and dedication the rule law. 
Recently, read article the New Jersey Star Ledger stating that the County 
Collcge Morris (CCM) had adopted policy February 16, 2011 that would allow illegal alien students receive in-state and in-county tuition rates. Star Ledger Staff, "County College Morris votes allow i!Jegal immigrants enroll classes," New Jersey Star Ledger, 
February 18, 2011. Because such policy would clear violation federal law. obtained copy the new Admissions Policy when became publicly available. 
The Admissions Policy that was approved and adopted the Board Trustees February 16, 2011 states that admission will open all college-able individuals who not 
hold non-immigrant visa, who (i) provide proof entrance into the United States before the 
age and arc under the age (ii) provide proof having resided the United States for least five (5) years without interruption, (iii) provide proof having graduated from American high school possess GED equivalent. The policy also states that the "tuition 
rate charged undocumented individual. shall based upon his/her residence." The current tuition rates are: $115 per credit for in-county residents, $250 per credit for out-of-county 
but in-state residents, and$ 326 per credit for out-of-state residents. These discounted tuition 
425 Third St., SW, Suite 800. Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5 t99 Email: info@JudicialWatch.org www.JudicialWatch.org 
rates arc local public benefit which federal law prohibits CCM from providing such individuals they are unlawfully residing the United States. 
Under federal law, unlawfully present aliens generally are ineligible for state local public benefits, including post-secondary education benefits such reduced tuition, unless state has enacted law affirmatively providing for such eligibility. Specifically, Section 1621 Title the United Stales Code states, pertinent parts: 
(a) general 
Notwithstanding any other provision law and except provided subsections 
(b) and (d) this section, alien who not
(1) qualified alien (as defined section 1641 this title),  
(2) nonimmigrant under the Immigration and Nationality Act U.S.C.  
 1101 seq.],  
(3) alien who paroled into the United States under section 212(d)(5) such Act U.S.C.  1182 d)(5)J for less than one year, not eligible for any State local public benefit (as defined subsection (c) this section). 
(d) State authority provide for eligibility illegal aliens for State and local public benefits State may provide that alien who not lawfully present the United States eligible for any State local public benefit for which such alien would otherwise ineligible under subsection (a) this section only through the enactment State law after August 22, 1996, which afiirmatively provides for such eligibility. U.S.C.  1621(a) and (d). 
The state New Jersey has not enacted law affirmatively providing that unlawfully present aliens are eligible receive reduced, in-county tuition public institutions higher education, including community colleges such CCM. 
There way reconcile CCM's policy with federal law. The policy provides public benefit individuals who are clearly ineligible for benefits under U.S.C.  162l(a), and New Jersey has not authorized the provision such benefits under U.S.C.  162l(d). CCM may not ignore federal laws when those laws are not consistent with its own policy preferences. hope that CCM will reevaluate its new policy and conform the requirements foderal law. 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: info@JudicialWatch.ol'g www.JudicialWatch.org 
Thank you for your attention this matter. 
Sincerely, 

Thomas Fitton President 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org