Is That Legal?

Of course, most illegal immigrants have _absolutly no way_ to qualify for legal immigrant status. And for the vast majority of them, if they have been illegal in the US for 4 years and then apply for any sort of status they will be deported and barred from returning to the US for 10 years. So, w/ the exception of a small number that might have some way to qualify for legal status, I don't see that this law will do them any good at all. (Note that the won't be able to get a student visa, since their illegal status here for a number of years will bar them.)

I should add that I'm not happy that this bill won't, I think, help many illegal immigrant, and it's great that a fair number of people want to treat them decently, but as things stand I think that this bill is as likely to get a lot of people deported as to get them in-state tuition.

The bill is dead now because of a direct conflict with Federal law that would require all US citizens to be admitted as residents; but to clarify a few points:

1: Applying for legal status isn't enough for UNC to enroll them; they would need to obtain an appropriate visa.

2: Presence as a minor does not count against the applicant: 8 U.S.C. § 1182 (a)(9)(B)(iii)(I) :

iii) Exceptions

        (I) Minors

          No period of time in which an alien is under 18 years of

        age shall be taken into account in determining the period

        of unlawful presence in the United States under clause (i).

Simon,
Thanks for the claification. Of course, many of the people here would still be eligable for the 3-year bar, since that takes only 180 days of unlawful presence, and many students will be in the US illegally for more than 180 days after their 18th birthday. And, they are not eligiable to apply for a visa anyway while they are in the US, unless they have some special circumstances:

INA 212 (6) Illegal entrants and immigration violators.-

So, in the vast majority of cases, they can't apply for legal status, to do so would lead to their being deported, and in many cases they'd likely qualify for a 3-year bar, if they've been in the US unlawfully for more than 180 days after their 18th birthday. It would probably get their family deported, too.

(A) 8/ ALIENS PRESENT WITHOUT admission or parole.-

(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.