GOVERNOR'S RECOMMENDATION

1. Line 9, enrolled

insert

A.

2. Line 14, enrolled

insert

B. However, subsection A shall not apply to any person who resided with his parent, guardian, or other person standing in loco parentis while attending public or private high school in this state and has:

1. Graduated from a public or private high school in Virginia;

2. Resided in the Commonwealth for at least five years as of the date the individual graduated from high school;

3. Registered as an entering student in an institution of higher education;

4. Provided an affidavit to the institution stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency; and

5. Submitted evidence that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has paid Virginia income taxes for at least three years prior to the date of enrollment.

GOVERNOR’S VETO

I am vetoing H.B. 2339 relating to in-state tuition for undocumented students at Virginia's colleges and universities.

I proposed an amendment to HB 2339 which would have allowed a small but deserving group of students to receive the benefit of in-state tuition only in those cases where they can show that: 1) they or their parents paid Virginia income taxes for three years; 2) they lived in Virginia for five years; 3) they are in the process of obtaining legal status; and 4) they graduated from a Virginia high school. This amendment would have provided hope and opportunity to a small group of young people who were brought to this country by their parents through no fault of their own, and who are now - and who in all likelihood will continue to be - a part of our communities. The amendment was fully consistent with federal law, and was more restrictive than measures adopted in several other states, including Utah, Texas, and California.

My amendment was designed to expand opportunity to deserving students, allowing them to live the American Dream. Contrary to the assertions of those who opposed my amendment, it would not have given any benefit to undocumented students that is not already available to the children of military families, who are eligible for in-state tuition after a single year of paying taxes in Virginia.

The House of Delegates rejected even this modest amendment. In passing HB 2339, the General Assembly did nothing to reduce the number of undocumented workers living in Virginia. This legislation did nothing to strengthen the enforcement of our federal immigration laws. This legislation did nothing to fight terrorism or to reduce crime. Indeed, this bill would have done nothing at all, other than score a political victory against "illegal aliens" and contribute to anti-immigrant sentiment in this country.

Even the bill's proponents concede that HB 2339 makes no substantive change to existing law. The Attorney General stated shortly after the April 2nd vote: "even if the Governor elects to veto the bill, I remind our colleges and universities that illegal aliens are . . . . ineligible for in-state tuition rates." I have consulted with independent counsel who has informed me that, absent a change to federal law or Virginia law, undocumented students are not eligible for in-state tuition rates in Virginia.

Even without making a substantive change, HB 2339 has the potential to harm the Commonwealth's ability to attract good companies and good jobs. Indeed, the Fairfax County Chamber of Commerce and other groups have asked me to veto it.

I will not attach my signature to legislation which has no substantive effect and is designed solely to score political points and divide people, rather than unite them in a common purpose. I will pursue legislation in the next General Assembly session similar to the amendment rejected by the House of Delegates on April 2.

In recent weeks, Americans have learned firsthand that undocumented residents can go on to live in and serve our nation as model citizens. Thousands of those serving in America's armed forces in Iraq are not American citizens. In fact, one of the first combat casualties of the war was Lance Cpl. Jose Gutierrez, who entered the United States illegally as a young man. Earlier this month, the Bureau of Citizenship and Immigration Services granted citizenship posthumously to Cpl. Gutierrez, and his remains will be sent to his family in his native country of Guatemala.

As the Commonwealth addresses the admittedly difficult issues surrounding undocumented residents in the future, it is my hope that we will follow balanced policies that recognize that there are many potential American heroes like Jose Gutierrez in our midst. Our nation was built by immigrants, and we should not take action that will prevent deserving students from living the American Dream.