Federal law does not bar illegal immigrants
By MATTHEW DEMBICKI, Published August 2, 2008

Federal law does not bar colleges from admitting undocumented immigrants, according the U.S. Department of Homeland Security (DHS).

DHS issued a clarifying memo last week upon the request of North Carolina’s Attorney General’s Office. The office in May advised the North Carolina Community College System (NCCCS) to stop admitting illegal or undocumented immigrants into degree programs. The system did so immediately.

The July 24 memo from DHS said it is up to states to decide how to handle illegal immigrants seeking college admission.

“States may bar or admit illegal aliens from enrolling in public postsecondary institutions either as a matter of policy or through legislation,” wrote Jim Pendergraph, executive director of the office of state and local coordination at DHS’s U.S. Immigration and Customs Enforcement.

NCCCS President Scott Ralls said the current policy in his state will remain until the system and its board of directors can discuss the matter.

“This is an important issue for our colleges and our students, and given that authority, our state board needs the opportunity to review and discuss these findings with the care and thoroughness they deserve,” Ralls said in a statement.

The current ban prohibits undocumented students from taking curriculum degree programs. There are no restrictions on high school students taking community college classes or on any adults who seek non-college-level courses, which include GED, adult high school, English as a second language and continuing education classes.

North Carolina has drawn national attention as other states also mull whether to ban or limit postsecondary admissions of illegal immigrants.