Members of an advocacy group said they hope the Attorney General will help them win in-state tuition for students of undocumented status.
Members of NC DREAM Team said they are hoping for an answer from Attorney General Roy Cooper about his legal opinion on the matter of whether or not students who qualify under the Deferred Action Childhood Arrival policy should be entitled to in-state tuition at North Carolina’s public universities and community colleges.
The Department of Homeland Security implemented DACA after President Barack Obama issued an executive order in June 2012 stating that the United States Citizenship and Immigration Service would stop deporting certain people without documentation if they immigrated illegally as children.
Students gathered on New Year’s Day outside Cooper’s office to demand that he end his silence and issue a formal opinion.
If Cooper addresses the issue, it won’t be the first time in recent months that he has set a legal precedent regarding the status of DACA residents in North Carolina.
In January 2013, Cooper issued an opinion that those who qualified for DACA clearance could apply for a state driver’s license if they had the proper legal documentation.
This opinion was issued after the N.C. Division of Motor Vehicles threatened to cancel driver’s licenses issued to 13 residents who had entered the country illegally.
Members of NC DREAM Team and other advocacy groups are hoping the Attorney General will interpret the law as those who qualify for DACA status under the Department of Homeland Security guidelines will gain eligibility for in-state tuition.
In December, Rep. Marcus Brandon, a Democrat representing Guilford County, submitted a formal request to the Attorney General requesting an opinion regarding the eligibility of DACA students to obtain in-state tuition.
According to Brandon’s letter, Cooper’s legal opinion could affect the welfare of 15,989 young North Carolinians who have been declared DACA eligible by the United States Citizenship and Immigration Services.
Emilio Vicente, a student of undocumented status, is the co-founder of the “One State, One Rate,” campaign which formed in September 2013 to fight for in-state tuition for students of undocumented status.
“The situation can appear a bit tricky,” Vicente said. “The attorney general doesn’t have the power to change the law, but like in the driver’s license case, the legal precedent set by the Roy Cooper’s interpretation can change the lives of students who have to pay up to four times the in-state rate.”
Cooper has been sympathetic to undocumented-student-related issues before.
According to a June 2013 letter sent to the General Counsel of the North Carolina Community College System from the Attorney General’s office, “Given the intention of the DACA program, it is reasonable to treat individuals who have obtained a deferred status, pursuant to DACA, as lawfully present for the purposes of State Board of Community Colleges.”
Viridiania Martinez, co-founder of the NC DREAM TEAM, is also undocumented and DACA eligible.
According to Martinez, advocacy groups are hoping that if Cooper’s legal opinion recognizes DACA students as lawfully present, more than 15,000 students will better be able to afford higher education in North Carolina.
During the 2013-2014 session of the North Carolina General Assembly, Democrats proposed House Bill 904, which would have granted in-state tuition to all students of undocumented status attending a UNC-System school. However HB904 was tabled in committee and was never read, and no legislation regarding the issue was enacted.
Martinez said her advocacy group had been expecting a formal statement from Cooper by Christmas, but as of press time she had not received an answer.
Martinez said she is surprised by the lack of response from the Attorney General’s office.
“Roy Cooper has been one of the few politicians to speak out against issues like Voter ID laws, but on this issue of access to higher education hasn’t shown spine or backbone,” Martinez said.
ABC 11, WNCN, and other news agencies have reached out to Cooper’s office for his take, but he has not responded to their requests.
