The state Senate gave preliminary approval Wednesday to a measure that would allow illegal immigrants to qualify for in-state tuition at Maryland's public discounted rates at colleges and universities, overcoming critics who said the proposal is too costly, violates federal law and will displace U.S. citizens.
The Senate is expected to vote on final passage on Monday. Wednesday's approval is sign that the measure will be successful.
Emotions flared on both sides of the debate, though the discussion was largely civil. Supporters argued that educating a larger pool of residents would benefit the state because it will help them land better-paying jobs and contribute more to the tax base.
Sen. Paul G. Pinsky said the bill would give children the chance to "be more than part of the underground economy flipping burgers," allowing them instead the opportunity to become doctors, engineers or scientists.
"Why should we say, 'You have to have a low-end job for the rest of your life?'" the Prince George's County Democrat asked.
Sen. David Brinkley said the measure is unaffordable. "The issue is not denying education to the individuals," the Frederick County Republican said. "We disagree that the state has to pay for it."
Legislative analysts estimate that the bill would cost the state about $800,000 next year, but could grow to $3.5 million by 2016.
Opponents said that passage would advertise Maryland as "sanctuary state," which would draw more undocumented workers here.
About two dozen amendments were offered by opponents during six hours of debate. One would have completely ended the higher out-of-state tuition rates. Others would have let counties or individual colleges opt out of the policy. One would have prohibited the children of wealthy illegal immigrants from receiving a discount.
The bill, introduced by Prince George's County Democrat Victor R. Ramirez, was crafted initially to provide in-state tuition for four years at all of Maryland's universities.
In order to attract some conservative Democrats, supporters agreed last week to add an extra hurdle for potential students: At the start of their college education, the in-state tuition would be available only at a community college. After completing two years, a student could transfer to a four-year college or university — again, at a discount.
Senators adopted amendments Wednesday to require potential students to live in the state for three years before attending college and for parents to show that they paid taxes during that time. The bill also requires students to sign an affidavit that they are trying to become legal residents.
Of the state's 16 community colleges, one already extends an in-county tuition discount to illegal immigrants. That institution, Montgomery College, is the target of a lawsuit supported by anti-illegal-immigrant groups, who allege that taxpayers lost more than $5 million in full tuition that should have been collected over four years.
The legislation has not yet been taken up in the House, which became more conservative in the last election. Gov. Martin O'Malley has said he will sign the measure if it reaches his desk.
Roughly two dozen illegal immigrants watched the debate from the Senate gallery Wednesday. Some grew frustrated by the arguments they heard from opponents.
"It was interesting to see how many guys are against us," said Tony, an 18-year-old who said he fled violence in his native El Salvador six years ago and now attends high school in Annapolis. He asked that his last name not be used because he is not legally allowed to be in the country.
He said the statements against the bill were "weak."
He pointed to Sen. James Brochin, who argued that poor drafting in an early version of the legislation would have allowed an illegal immigrant who worked in Maryland for a single day to receive in-state or in-county tuition.
Tony pointed out that it would be impossible for anyone who had only held a job for one day to afford even the discounted tuition.
"How does that make sense?" he asked.
But Brochin's colleagues found the line of thinking persuasive, and changed the bill in the evening to require three years of tax returns.
Broader legislation that would have allowed discounts for all four years at Maryland universities passed in the General Assembly in 2003, but was vetoed by then-Gov. Robert L. Ehrlich Jr.
Brinkley said illegal immigrants should spend their time and money seeking a green card, not a state-subsided education.
"It is a better investment to pursue legitimacy and then enjoy the fruits of this country," he said.
Sen. Bryan Simonaire said he worried that Maryland would become a "magnet" for illegal immigrants. The Anne Arundel County Republican proposed a change that would allow undocumented children currently in the state to receive the discounted rate, but not any newcomers. It failed.
Supporters also beat back a procedural measure to kill the bill by having it sent to the Budget and Taxation Committee to study the fiscal affect of the legislation.
During that discussion, senators pointed out that the fiscal impact could vastly understate the real costs, in part because the current estimate is based only on the number of illegal immigrants now enrolled at Montgomery College.
"We don't know how many students will use this," acknowledged Pinsky, a supporter.
"I know," shot back Senate Republican leader Nancy Jacobs. "That is the problem, isn't it?"
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