If a controversial ballot question passes next month, state Del. Pat McDonough said Tuesday, the first thing he will do on Nov. 7 would be to start readying a case for federal court.
"It won't be over on Nov. 6, probably no matter what happens, no matter who loses," McDonough said.
McDonough, a Middle River Republican who represents portions of Baltimore and Harford counties, made the remarks during a forum on the Maryland Dream Act at the Community College of Baltimore County-Essex, in front of a crowd of about two dozen, mostly CCBC students.
The Dream Act, patterned after similar legislation in 11 other states, would guarantee in-state college tuition for illegal immigrants, provided, among other things, that they spent at least three years in a Maryland high school, that their parents had filed income taxes and that the students first spend two years at a community college.
The bill, passed in 2011, was quickly petitioned to referendum, and will be Question 4 on the Maryland ballot in two weeks.
In the 90-minute appearance at CCBC, McDonough spoke about citizenship, the rule of law, federal law and what he called "misinformation" about the Maryland Dream Act's true costs. The in-state tuition discount is about $4,000 per year for community colleges, and $16,000 per year at the University of Maryland College Park, McDonough said, making the total tax dollars spent for one student $40,000.
Estimating that 1,000 students annually may take advantage of the measure, "$40 million dollars a year [in costs] going into an under-funded system that is in debt," he said.
On the flip side, McDonough said he supports immigration reform, including incentives for young illegal immigrants to join the armed forces as a path to some kind of legal status (though he clarified after the speech that he does not specifically support the federal DREAM Act, introduced in Congress several times in recent years).
Such reform, however, must come from the federal level, he said, adding that federal authorities cannot "selectively enforce" immigration law.
"Do you think if Gov. O'Malley or President Obama, President Bush were to begin to selectively enforce the Civil Rights Act, how long would that last? Minutes," he said.
He said the tuition bill runs afoul of federal law barring preferential treatment or benefits given to illegal immigrant students that are not given to out-of-state students, which could put state and community colleges "in danger of losing our ability to charge out-of-state" tuition.
Recent polls have shown support for the measure among 50 to 60 percent of Maryland voters. Most recently, a Washington Post poll found 59 percent of likely voters in support and 35 percent opposing the measure.
"You don't collect in a record time and think that people are not against this. It's inconsistent," McDonough said afterwards. "I'm confident that we're going to win it."
After his speech, he fielded several questions from the audience on the bill's fiscal impact and general issues regarding illegal immigrants, such as the impact and costs of increased local and federal enforcement and a recent identity theft case in Houston, TX.
The forum, he said afterwards, was a great opportunity to have an important conversation just two weeks from the election.
"People have an open mind, they were intelligent, they were reasonable, they listened to both sides and they'll make a decision," he said.
McDonough probably didn't change many minds at CCBC. He asked the audience to raise their hands to gauge the crowd's position. About two-thirds were for the bill and one-third were against, with one identifying herself as undecided.
Bill Krehnbrink, a Perry Hall resident who said he was against the tuition bill, said he found the forum "very interesting," particularly quotes read by McDonough from the likes of Benjamin Franklin and George Washington in reference to what he called the "public office" of citizenship.
"I've heard some of the quotes mentioned, but I've never heard it in that kind of mode with that kind of passion behind it," he said.
Pragyashree Sharma, a CCBC sophomore from Towson who is herself a legal immigrant from Nepal, was put off by perceived stereotyping of immigrants by McDonough and other opponents, particularly in relation to ethnicity and crime, and said that the law should not punish students brought to the country when they were young.
"For the youngsters, I would say why not let them go? They came here. That could be your parents [who] came here," she said. "That's not your fault that you came here as an illegal immigrant into the United States. That's your parents' fault."
CASA de Maryland, a Latino immigrant legal aid and advocacy group, held similar forums at CCBC in Essex and Catonsville earlier this month to speak in support of the measure. Educating Maryland Kids, the ballot issue committee for the measure, held a rally in Silver Spring on Tuesday.
When an illegal alien files 3 or 4 years of back taxes for their child to qualify, the IRS will see that the filer has been EVADING taxes for those years and at a minimum a penalty will be assessed and that penalty may be the same as the subsidy they will get for school. Not a choice many illegal aliens will take in my opinion.
Good questions. The parents are not lawfully working. The students cannot lawfully work after graduating. What is going on is "Amnesty by Increments." The various legal obstructions will be gradually removed until the law violator is rewarded with citizenship.
"Keep Fearing the Brown Man........" A couple of observations: First the "Brown Man" as you say does not have, and should not have more Rights, Privileges, and Status, than the non-Brown Man. Second: What about illegal aliens that are not Brown? Would you and your supporters advocate on their behalf? Would you advocate for the Illegal aliens from Ireland, and or Israel? Thank you.
We don't see members of the Hate Group Help Save Maryland stomping on the Israeli flag now do we?
Steve 11:14 am on Tuesday, November 6, 2012 "Second: What about illegal aliens that are not Brown? Would you and your supporters advocate on their behalf? Would you advocate for the Illegal aliens from Ireland, and or Israel?" "We don't see members of the Hate Group Help Save Maryland stomping on the Israeli flag now do we?" Steve, Please explain what make Help Save Maryland a Hate Group? Please tell us about the flag stomping? Please tell us of illegal aliens who are not Brown, will you and your associates support them too?
Your huddled masses yearning to breathe free; The wretched refuse of your teeming shore, Send these, the homeless, Tempest-tossed to me, I lift my lamp beside the golden door!" THIS is what America is about! Stop your hating!
On reflection do you think using the term "White Hillbillies" is appropriate?
Did you know that the sonnet The New Colossus was written in 1883? Did you know it was written by Emma Lazarus? Did you know she dies in 1887? Did you know the sonnet was entered in, and won a contest? Did you know that the sonnet does not have the force of law? Did you know that the sonnet was placed on the Statue of Liberty in 1903?
Ron Pagano 11:47 am on Tuesday, November 6, 2012 April...non-citizens DO pay taxes...if they acquire a legal TIN or a fake SS card, which many have, and they have taxes withheld, just like you or I. They also pay sales taxes, every time they go to the store. They also pay real estate taxes, as well as taxes on gas and cigarettes, along with a host of others. BTW...how many of our citizens are on ADC or other programs, like SSI or SSDI, and they, or their children go to college...WITHOUT HAVING TO PAY INCOME TAXES? There is nothing wrong with that concept...we are all better off by having our citizens educated. I have 2 boys who benefitted from Pell grants and academic scholarships...one is receiving his PhD, the other is working on his undergrad degree! STOP THE HATE! ******************************************************************************************** ******************************************************************************************** Ron Pagano, you say, "STOP THE HATE." Does this include enforcing our Nation's immigration laws? How is that hateful? Thank you.
http://www.miamiherald.com/2012/11/06/3084668/florida-college-students-with.html
No. You are wrong. US District Judge Moore ordered that US citizens whose parents are illegal aliens must be provided instate tuition at Florida Public Colleges and Universities. Florida had been classifying students according to their parents illegal immigration status. Judge Moore rules that this practice violated the Constitutions Equal Protection provision.
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