The number of students benefiting from a state bill that offers in-state tuition to Texas residents regardless of immigration status has increased nearly tenfold since 2001, from 393 to 3,704 in 2004.
The trend suggests that enrollment of undocumented immigrants in state universities has increased dramatically. But the bill could also help students with valid visas, which means the 3,704 students who benefited from House Bill 1403 last year are not all undocumented, contrary to a report in Tuesday's Daily Texan.
Parts of HB 1403 are clearly geared toward undocumented immigrants in pursuit of higher education, said Deana Williams, assistant director of admissions and an expert on the bill. But other international students have benefited from the 2001 law.
"There are people on many different types of visas who could not qualify prior to HB 1403," Williams said, adding that "we don't know the exact breakdown in the number of visas."
Under the provisions of HB 1403, students may qualify for in-state tuition if they earned a Texas diploma or the equivalent, lived in the state for at least three years, registered for college after the bill was enacted and signed an affidavit saying they will apply for permanent residency if eligible.
Students who had valid immigration status at one point but currently have expired documentation can benefit from the bill as well. Pat Ellison, associate director of admissions, said HB 1403 also encompasses those waiting for a green card.
There are two categories of U.S. visas: immigrant and nonimmigrant. There are 28 different types of nonimmigrant visas, including medical, temporary employment and education - many of which are held by UT students. Scholars holding NAFTA visas, for example, did not qualify for Texas resident tuition rates prior to 2001 but were clearly documented because they had a visa.
While many students are at the University on visas, some undocumented students pay in-state tuition as well - although admissions officials are unsure as to the exact number.
"There's nothing that requires us to collect that information and report it," Williams said. "We didn't want immigration to be part of it."
Reports to the Texas Higher Education Coordinating Board indicate that 142 UT students qualified for in-state tuition in Fall 2004 under Section 2 of HB 1403.
"I can't think of a single college or university that turns away students just because their immigration status isn't valid," said Jerry Wilcox, director of the International Office.
While UT admissions turns a blind eye toward immigration status, businesses employing the students must adhere to federal regulations. Students with visas are only allowed to work on campus unless they obtain special permission to do otherwise, Wilcox said.
The University ranked fifth in the nation in international student enrollment in 2004, with 4,501 foreign students.
"UT has a long history of being friendly to international students," Wilcox said. "Because we're a large research university, we give lots of grants, and students can get a high quality education at a good price."
In 2002, UT President Larry Faulkner said, "The international students at UT enrich the academic and cultural life on our campus ... The University is proud of its international flavor."
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