Because no one is above the law!

Verdict
The Judicial Watch

A News Publication from Judicial Watch

l

June 2011

Volume 17

Issue 6

Judicial Watch Victory!

Judicial Watch Forces New Jersey School to Abandon Discounted Tuition Break for Illegal Aliens
n a dramatic and clear-cut victory for the rule of law, Judicial Watch forced the County College of Morris (CCM) in New Jersey to reverse an unlawful policy allowing illegal aliens discounted tuition at the school. As reported by the New Jersey Daily Record in an article entitled, Lawsuit Worries Prompted Reversal on College Tuition for Illegal Immigrants: One County College of Morris trustee mentioned the prospect of being sued and paying hundreds of thousands of dollars in legal bills. Others said legal considerations played a part in their deliberations over tuition rates for illegal immigrants. In the weeks leading up to their voteCCMs trustees had received letters from freeholders and a national conservative group called Judicial Watch saying they were violating federal laws. Concerns about those laws, and the possibility of lawsuits, seemed to spur a 9-2 vote to charge higher, out-of-state rates to undocumented students even if they live in the county.
Illegal alien college students at the UCLA day labor center watch a televised California Senate vote that would have granted citizenship status to illegal aliens who enroll in college. JW continues to aggressively battle sanctuary policies that lead to more border crossings and worsen the illegal alien crisis.

Indeed, in early April Judicial Watch President Tom Fitton sent a letter to the chairman of the Board of Trustees for CCM challenging the schools policy of providing discounted tuition for undocumented aliens. CCM immediately informed Judicial Watch that it had commenced a review of its tuition policy. And one week later, the schools trustees voted to overturn a policy they had established just two months prior. The chair of the Board of Trustees suggested Judicial Watch had bullied the Board into reversing its policy. JW Director of Litigation Paul Orfanedes, answered this charge directly in the media: If you think encouraging people

to follow the law is bullying, then we are bullying. Sometimes even the threat of a lawsuit can work wonders. This is a tremendous victory for Judicial Watch and its supporters. We are thrilled CCMs Board of Trustees has made the right decision to bring its tuition policy back into line with federal immigration law, said Judicial Watch President Tom Fitton. Judicial Watch was tipped off to CCMs illegal policy by the February 18, 2011, edition of The New Jersey Star-Ledger: For the first time in nearly a decade, illegal immigrants will be allowed to take classes at the

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AP Photo/Jason Redmond

2 June 2011

Volume 17

Issue 6 l Immigration Supplemental

County College of Morris in a policy change that is drawing praise from some education officials and sharp criticism from immigration policy activists. The trustees at the Randolphbased college voted 7-1 earlier this week to reverse a rule barring undocumented students, school officials said. Starting this summer, the public two-year college will be one of the first schools in New Jersey to openly acknowledge it is enrolling illegal immigrants and allowing them to pay the same tuition rate as other county residents. Prior to the policy change CCM had barred illegal aliens from admission to the school.) The article piqued the interest of JWs lawyers and investigators, who obtained a copy of the CCM admissions policy. And sure enough, it clearly stated that any illegal alien who graduated from an American high school (or possesses a GED equivalent), is under the age of 35, and has lived in the U.S. for five consecutive years, would be eligible for admission. The policy further stipulated that illegal alien students could pay a discounted in-county tuition rate! As Judicial Watch noted in its letter illegal aliens are ineligible for state and local public benefits, such as discounted tuition, under federal law. There is no way to reconcile CCMs policy with federal law. The policy provides a public benefit to individuals who are clearly ineligible for benefits under federal law and New Jersey has not authorized the provision of such benefits. CCM may not ignore federal laws when those laws are not consistent with its

own policy preferences. Federal law states that unlawfully present aliens generally are ineligible for state or local public benefits, including postsecondary education benefits, such as reduced tuition, unless a state has enacted a law affirmatively providing for such eligibility. The State of New Jersey has enacted no such law. CCM simply decided to act on its own without proper legal authority. Obviously, we cant have colleges and universities ignoring federal law because they may have sympathies for a certain student population, continued Fitton. JWs challenge to CCM is not its first attempt to stop institutions of higher education from doling out perks to illegal aliens. (And it will not be the last, as JW is considering similar challenges in other states, including Utah and California.) On January 20, 2011, Judicial Watch filed a taxpayer lawsuit against the Board of Trustees of Marylands Montgomery College for unlawfully allowing discounted in county tuition rates for students who graduate from Montgomery County public high schools, regardless of their place of residency or immigration status. The lawsuit argued that Montgomery Colleges tuition policy violates both Maryland and federal law and places a substantial financial burden on Montgomery County taxpayers, who subsidize the cost of students attending the community college. Judicial Watch filed the lawsuit on behalf of Montgomery County taxpayers Michael Lee Philips, Patricia Fenati and David Drake in the Circuit Court for Montgomery County. In an attempt to moot the legal challenge, the Maryland legislature passed legislation authorizing illegal

Judicial Watch Board of Directors Chris Farrell Tom Fitton Paul Orfanedes Editorial Consultant Brandon Millett Circulation Director John Albertella Design Consultant Jeanne Minnix Graphic Design, Inc. Public Affairs Director Jill Farrell Production Manager Federico Lines Telephone (202) 646-5172 or 1 (888) 593-8442 Fax (202) 646-5199 Email info@judicialwatch.org Internet Site www.JudicialWatch.org Send your comments and questions to Editor, The Judicial Watch Verdict c/o Info@JudicialWatch.org. Annual suggested donation is $35. Requests should be sent to: The Judicial Watch Verdict Judicial Watch, Inc. 425 Third St., SW, Suite 800 Washington, DC 20024 The Judicial Watch Verdict is published monthly and distributed to its members, supporters and interested parties by Judicial Watch, Inc., a 501(c) 3 non-profit organization incorporated in 1994 in the District of Columbia. Copyright 2011 Judicial Watch, Inc. All rights reserved. Editorial content may be duplicated with attribution and without permission. June 2011 l Vol. 17 l Issue 6 Immigration Supplemental

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aliens to obtain taxpayer-funded instate tuition benefits. (Liberals run the Maryland State Legislature so this did not come is a big surprise.) However, the good news is that this affront to the rule of law may be subject to a voter referendum. As Verdict readers well know, Judicial Watch tries to leaves few stones unturned when it comes to confronting sanctuary cities and states that roll out the welcome mat for illegal aliens (with the full endorsement of the Obama administration.) Whether it is taxpayer cash for college tuition for illegal aliens, taxpayer-funded day labor sites, or lax illegal alien law enforcement policies, JW confronts each challenge aggressively. JW

Judicial Watch Investigations and Lawsuits at a Glance

The following are just a few of Judicial Watchs lawsuits and Freedom of Information Act (FOIA) requests filed in March and April 2011 (Visit www.judicialwatch.org for more information): Lawsuits n Department of Homeland Security: FOIA lawsuit for records concerning communications between Department of Homeland Security and the Obama White House related to an illegal alien who allegedly killed a nun. n Department of Health and Human Services: FOIA lawsuit for records concerning government-funded Obamacare propaganda campaign. n Department of Homeland Security: FOIA lawsuit for records concerning pending illegal immigration cases in Houston, Texas. n Department of Homeland Security: FOIA lawsuit for records concerning suspension of removal proceedings of illegal immigrants. FOIAS n Department of Health and Human Services: Request for records concerning Obamacare waivers granted to companies and organizations. n DOMA: Requests for records concerning the Department of Justice decision to stop defending the Defense of Marriage Act. n County College of Morris: Request for statistics concerning undocumented students currently enrolled in County College of Morris in New Jersey. n LA Sheriffs Office: Request for travel records from the LA Sheriffs Office, related to press reports regarding outreach efforts by his office to Muslim countries. n State Attorney General Offices from all 50 States: Request for communications with Consumer Protection Czar Elizabeth Warren, who is organizing the controversial Bureau of Consumer Financial Protection. n Department of Health and Human Services and Office of Management and Budget: Communications with Planned Parenthood relating to the FY 2011 budget. n Manhattan Community Board 1: Request for communications regarding the planned Ground Zero Mosque.

Tom Fitton

[T]o use millions in tax dollars to provide these individuals tuition benefits not available to lawful U.S. residents (including legal immigrants) who live outside Maryland is a waste of limited resources. If the rule of law means anything, states will not use tax money to provide aid and comfort to those who reside here in knowing violation of the law. And if the goal of Maryland legislators is to help individuals violate federal and state laws regarding illegal immigration, there are cheaper ways to do it.
JW President Tom Fitton, Published letter to the Editor, The Washington Post, March 19, 2011.