December 2, 2002

Honorable Cal Hobson
Senate President Pro Tempore-Elect
Oklahoma State Senate
State Capitol Building, Room 422
Oklahoma City, OK  73105

Dear Senator Hobson:

Re:	Undocumented immigrant students

At the Thursday, December 5, meeting of the State Regents for Higher Education several agenda items will contain proposed administrative rule amendments related to the eligibility of undocumented immigrant students for state student financial aid programs.  There will be no action on the proposed amendments at the December 5 meeting.  The amendments will be "posted" at this meeting in accordance with the Administrative Procedures Act; possible action by the State Regents could be taken at their next meeting on February 21.

Based upon the recommendation of State Regents’ legal counsel, the proposed amendments generally state that participants in state student financial aid programs must be “a United States citizen, a non-citizen national of the United States, or a qualified alien.”  It is counsel’s opinion that, based on current federal and state law, persons not covered by one of the three specified categories are not eligible to participate in state financial aid programs.  Specific statutory authorization would have to be approved by the Oklahoma Legislature for undocumented immigrant students to participate in these programs.

The issue is a controversial one [see the attached articles describing recent events in the state of Virginia].  It is also an unfortunate situation for the students involved.  The students may have resided in Oklahoma for many years.  Though they may be the children of illegal immigrants, they are authorized by law (per a 1982 United States Supreme Court decision) to attend public K-12 schools and are graduates of our high schools.  However, the Supreme Court decision does not apply to higher education and current federal law prohibits their participation in the state student aid programs unless Oklahoma law specifically authorizes their participation.  

The State Regents urge the Oklahoma Legislature to address this issue during the 2003 legislative session.  In the meantime, the State Regents believe they have a responsibility to conform the rules for each program to the current legal requirements.  This is intended to accurately inform all persons that may be affected.  For example, the State Regents wish to avoid a situation where an 8th-, 9th- or 10th-grade student enrolls in the Oklahoma Higher Learning Access Program (OHLAP) and completes the requirements for the scholarship, only to learn that he/she is not eligible to receive the award.

We hope to work with you and our federal legislators to address this important issue.  If you have questions about this matter, please contact our office.

Sincerely,

Hans Brisch
Chancellor

HB/blf
Cc:	Governor-elect Brad Henry
	Sen. Mike Morgan, Chair, Senate Appropriations Committee
	Sen. Penny Williams, Chair, Senate Education Committee
	Sen. Herbert Rozell, Chair, Senate Appropriations Subcommittee on Education
	House Speaker Larry Adair
	Rep. Bill Mitchell, Chair, House Appropriations and Budget Committee
	Rep. Bill Nations, Chair, House Higher Education Committee
	Rep. Terry Ingmire, Vice-Chair, House Higher Education Committee