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Judicial Watch • Metro College Denver

Metro College Denver

Metro College Denver

Page 1: Metro College Denver


Number of Pages:3

Date Created:June 12, 2012

Date Uploaded to the Library:February 20, 2014

Tags:yemoh, Metro, forms, Branch, Inspector, reports, Internal, Denver, tigta, privacy, Revenue, ANTHONY, investigation, withheld, college, treasury, smith, request, records, office, disclosure

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Because one above the law! 


June 12, 2012 
Metropolitan State College Denver Board Trustees c/o Loretta Martinez, Secretary the Board SSB -440 Campus Box 
P.O. Box 173362 Denver, CO. 80217-3362 

Re: Metro State Tuition 
Dear Sir/Madam: 
Judicial Watch, Inc. educational organization that seeks promote transparency, integrity, and accountability government and fidelity the rule law. frequently work with like-minded citizens and taxpayers across the United States who share our respect for law enforcement and dedication the rule law. understand that the Board Trustees ("the Board") the Metropolitan State College Denver ("the College") recently approved the creation special category tuition enable certain unlawfully present aliens attend the College without having pay full nonresident tuition. approving this new category tuition, the College recognized that these students would otherwise required pay full non-resident tuition because their inability demonstrate lawful presence the United States. Because the new category violates both federal law and Colorado law and constitutes ultra vires act the Board, must rescinded. 
Specifically, June 2012, the Board approved and adopted the "Colorado High School/GED Tuition Rate" that allows unlawfully present aliens pay tuition rate $3,358.30 per 12-credit semester. This rate somewhat higher than the in-state rate $2,152.20 per 12-credit semester, but considerably lower than the out-of-state rate $7,992.60 per 12-credit semester. eligible for the new rate, unlawfully present alien must satisfy three criteria: (1) attendance for least three years Colorado high school; (2) graduation from Colorado high school completion GED Colorado; and (3) filing written 

425 Third St., SW, Suite 800, Washington, 20024 ,,Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: 

statement concerning pursuit oflawful status. The new tuition rate currently scheduled implemented the fall 2012. 
Under federal law, unlawfully present aliens are ineligible for state local public benefits, including post-secondary education benefits such reduced tuition, unless state has enacted law affirmatively making unlawfully present aliens eligible for the benefits. U.S.C.  1621. More specifically, federal law provides, pertinent part: 
(a) general 
Notwithstanding any other provision oflaw and except provided subsections 
(b) and 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)] for less than one year, not eligible for any State local public benefit (as defined subsection 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 affirmatively provides for such eligibility. U.S.C.  162l(a) and (d). 
There way reconcile the "Colorado High School/GED Tuition Rate" with this federal law. Although the Board claims that "[n]o federal state public benefit subsidy will used for this special tuition rate," section 1621 expressly applies "local public benefits," and the new rate clearly provides "local public benefit" unlawfully present aliens. Indeed, that the stated intent behind the new special rate. Even though the new "special" rate for unlawfully present aliens higher than the in-state rate for students who are lawful residents Colorado, nonetheless less than half the rate that out-of-state students must pay attend the College. addition, because the College receives substantial financial support from the State, the College's claim that taxpayer dollars will used support the new benefit not credible. 

Because Colorado has not enacted law affirmatively making unlawfully present aliens eligible for the new "special tuition rate," providing this benefit them clearly violates federal law. fact, understand that, less than five occasions, the Colorado General Assembly has rejected proposed legislation that would have made unlawfully present aliens who graduate from Colorado high school receive GED Colorado eligible pay lower rate tuition public colleges and universities Colorado. Consequently, the Board's action not only violates federal law, but also contrary the will the people Colorado expressed through their elected representatives. 
The new "special tuition rate" also violates Colorado law. Colorado law specifies that "state institutions higher education shall apply uniform rules, prescribed this article and not otherwise, determining whether students are classified in-state students out-of-state students for tuition purposes." C.R.S.  23-7-101. These uniform rules create only two categories tuition-in-state and nonresident -and provide that "each governing board, for the institutions controls, shall annually set the amount tuition paid students with instate classification and nonresident students who enroll and attend the institutions." C.R.S.  23-5-103.5. These same rules state that the Board "in accordance with section 23-5-103.5, shall annually set the amount tuition paid students with in-state classifications and non-resident students who enroll and attend Metropolitan state college Denver." C.R.S.  23-54-102.5(1 Nowhere does Colorado law authorize the Board -or any other board trustees overseeing state institution higher education-to create its own special categories students for purposes tuition. failing apply the uniform rules created Colorado law and instead adopting its own "special tuition rate" for certain unlawfully present alien students wishes benefit, the Board overstepped its lawful authority and committed ultra vires act. 
The Board may not ignore federal and state law when those laws are contrary its own policy preferences. trust that the Board will rescind its new special tuition rate immediately and hope that litigation will not necessary compel the Board conform its tuition policy the requirements federal and Colorado law. 
Thank you for your attention this matter. 

Thomas Fitton President 
cc: 	President Stephen Jordan, Ph.D. (Via Fax: 303-556-3912) Attorney General John Suthers (Via Fax: 303-866-5691)