Greetings
Happy New Year! This New Year brings hope and challenges. We look forward to both and invite you to read about our goals this year.  Additionally, we have a new article about the undocumented and in-state college tuition for your review.  Finally, we have some interesting links to news about immigration and the ISAAC prayer list.   As we enter this blessed time, we wish you continued success in the all the Lord has planned for you in 2009!

Please feel free to forward this newsletter to others or ask them to sign up at www.isaacproject.org. Also, if you have immigration news you would like to share, contact richard.munoz@bgct.org.

Please keep us in your prayers as we embark on an ambitious 2009.  

Goals for 2009:

1. Help start four new BIA recognized organizations

We are working with various congregations across the state and plan to help establish four new BIA recognized organizations by the end of the year.  

We are also looking for churches interested in starting the recognition process in the Laredo, Lubbock, El Paso, East Texas, and the Rio Grande Valley area.  If you or your church would like to start such a ministry, please contact me at richard.munoz@bgct.org or call me at 214-828-5196.

2. Help start and support 10 new Immigration Education programs.

While ISAAC still helps churches set up ESL/Citizenship classes, we are expanding our mission to include adult education and general life skills classes for immigrants. We are collaborating with the Literacy ConneXus and will help build coalitions with churches and other organizations to meet this community's needs. You can learn more about Literacy ConneXus here.

3. Develop ISAAC as a premiere source for church focused immigration education.

In addition to E-News, published articles and speaking engagements, ISAAC will be hosting traditional trainings and conferences throughout the year. We plan on holding three conferences this year: spring, summer, and fall. Please watch for the dates in the next issue!

ISAAC EDUCATION:

Facts about Immigration:  Separating the wheat from chaff (Luke 3:17).

Texas In-State Tuition and Illegal Aliens - What's up?

Texas Tuition law- a brief overview:

Texas state colleges and universities have different tuition requirements for residents and non-residents. Generally, resident tuition aka "in-state" tuition is less expensive than non-resident aka "out-of-state" tuition. Additionally, Texas residency is independent and distinct from federal immigration residency.

This leads to a curious anomaly:  a person can be a resident of Texas for public higher education tuition purposes but not be authorized to remain in the United States because of federal immigration law. This issue along with a prior definition of what defined a Texas "resident," caused much confusion as to whether an undocumented alien would qualify for in-state tuition at a state college or university.  

In 2001, the Texas Legislature passed HB 1403 which attempted to clarify this issue and the new law allowed some undocumented immigrants to qualify for "in-state" tuition at a public college or university. Nevertheless, since immigration law is the province of the U.S. Congress, this new state law could not provide any legal status for undocumented students.

Almost immediately after the law was passed, concerns were raised that the HB 1403 was unconstitutional because it treated certain legal non-residents and U.S. citizens differently. As a result, the Texas Legislature passed SB 1528 in 2005. This new law modified HB 1403 and addressed some of the equal protection concerns that were raised by the legal community.  

According to the current Texas Education Code, a Texas "resident" is someone who established a domicile in Texas "not later than one year before the census date of the academic term in which the person is enrolled in an institution of higher education; and maintained that domicile continuously for the year preceding that census date." A Texas resident could also be someone whose parent met the above criteria. Additionally, a resident is also defined as a person who has graduated from a Texas high school (public or private or received their GED) and resided in Texas for at least three years prior to graduation or receipt of their GED and the year preceding the census date "of the academic term in which the person is enrolled in an institution of higher education." See generally TEX. ED. CODE CHAP. 54A§54.052(a).

An undocumented alien can apply to a public college and be considered a Texas resident if they submit to the college or university:
(A) a statement of the dates and length of time the person has resided in this state, as relevant to establish resident status under this subchapter; and
(B) if the person is not a citizen or permanent resident of the United States, an affidavit stating that the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply.

TEX. ED. CODE CHAP. 54A§54.053.

For a good summary of these changes and the current law, click here.

California litigation:

A similar but not identical law was challenged in California by a group of Plaintiffs that claimed, among other things, that such "in-state" tuition laws violated the constitutional rights of legal residents and U.S. Citizens. The California state trial court dismissed the case on procedural grounds and the plaintiffs appealed. The California Appeals Court reversed the trial court and sent the case back to the trial court for further proceedings. The Appeals court did not rule on the merits of the case. You can read the full opinion here.

After this California decision, a Texas legislator requested a formal Texas Attorney General Opinion about the Texas in-state tuition law. You can see his request here.

Attorney General opinions are significant because they are given great weight and authority by agencies and courts when interpreting the law. You can read more about Attorney General Opinions here.

Some groups have asked the Attorney General not to issue an opinion or if he does, to opine that the Texas law is distinguishable from the California law and that it does not conflict with the Texas or U.S. Constitution. See here.

It is unknown whether the Texas Attorney General will weigh in on this issue. Nevertheless, as of the time of this writing, an undocumented immigrant that meets the residency requirements set out in the Texas Education Code and who submits the required affidavit is entitled to received "in-state" tuition at the public college or university in which he has enrolled.

National News

Immigrants in removal have no right to appeal based on "ineffective assistance of counsel."

Immigrant forgotten about in holding cell, now has LPR status

Economic woes slowing immigration

But illegal immigrants not likely to leave U.S. due to economy

Problems implementing Georgia's "tough" immigration law

San Antonio/Laredo Legal Advocacy Partnership - NEW!
"BIA Training"
Feb. 4, 2008
Laredo, Texas
Please RSVP to Yolanda at yhernandez@ccaosa.org
or 210-433-3256 (ext. 115) by January 30, 2008.

Greater Houston Area ESL- NEW!
Ministry Conference
March 6-7, 2009
Champion Forest Baptist Church
15555 Stuebner Airline Road
Houston, TX 77069

A two-day conference for those who teach ESL to internationals, immigrants and refugees through churches and universities.  

For questions and to request further information contact Lester Meriwether with Literacy ConneXus, Inc. at (817) 696-9898 or e-mail her at Lester@literacyconnexus.org. You can also contact Kathleen Yarborough at (713) 661-2650 or e-mail her at Kathleen@amchouston.com

Practicing Law Institute
Basic Immigration Law 2009
March 13, 2009
PLI New York Center-New York, NY
For more information, click here.

CLINIC
For the 2009 training schedule, click here.

State Bar of Texas
Nuts & Bolts of Immigration Law 2009
Houston - Feb. 25, 2009

Immigration Law 2009
Houston - Feb. 26-27, 2009

"Never stop praying, especially for others"  Ephesians 6:18a (CEV). 

We get many calls from individuals who need prayer regarding their immigration situation. Please pray for these people and that the Lord's will be done. Additionally, if you have a prayer request and would like it included on this prayer list, please send it to us. Our current prayer list is:

• Bryan -- New Mexico -- Appealing an immigration court decision that denied his spouse and child entry into the United States

• Virgilio -- Texas -- Pastor in appeals process to re-enter the United States

• William -- Texas -- In immigration detention

• Luis -- Texas -- Pastor in Texas, wife and daughter seeking to come to the United States

• Ericka -- Texas -- Seeking to establish citizenship

• Jose -- Texas -- Appealing denial decision on R-1 visa

• Charles -- Texas -- Appealing an immigration decision that denied his spouse and child entry into the United States

• Victor -- Texas -- Is seeking to establish citizenship

• Abigail -- Texas -- Is seeking to establish residency

If you have had a prayer answered regarding an immigration matter, please let us know as well! Also, if you would like to include a picture of the person in your prayer request, please e-mail me at richard.munoz@bgct.org.

That's it for this month.  Feel free to forward this newsletter to others or ask them to sign up at www.isaacproject.org. Also, if you have immigration news you would like to share, please contact ISAAC Director Richard Muñoz at richard.munoz@bgct.org.

ISAAC is a collaborative ministry between the BGCT and Buckner Children and Family Services, Inc.