Aliens criticize tuition policy

Jennifer Knight

Friday, Sept. 13, 2002 | 11:12 a.m.

Nichole Larson has lived in Nevada for more than three years. She pays taxes. She contributes to the local economy.

Despite all of that, the University of Nevada, Las Vegas considers her an out-of-state resident.

Like Larson, most of the students who walk through UNLV's English Language Center are legal immigrants waiting for their green cards and looking to improve their English skills.

But a little-known policy makes them ineligible for in-state tuition prices -- which nearly doubles the price of education for them.

As a result, almost one-third of the roughly 239 students who attend the English center each year end up leaving the state's educational system because of higher tuition costs.

"It seems unfair," said Larson, who is from Germany. "I pay taxes like everyone else, but I have to pay double the tuition."

Nevada residents pay $342 for a typical class at UNLV while nonresidents pay $603. At the Community College of Southern Nevada, residents pay $144 and nonresidents pay $288.

Vicki Holmes, director of UNLV's English Language Center, said she is fighting to change the Board of Regents' policy that identifies immigrants without green cards as out-of-state students.

"Most of these people are working in the back of the casinos," Holmes said. "They are the maids, cooks, chefs and kitchen workers who want to improve their language skills and enhance their chances of promotion. And yet, they come to the university and we treat them like a pariah."

But a Board of Regents policy updated in June gives tuition breaks only to aliens who live in Nevada and have a permanent immigrant visa or green card.

"The definition of a resident is someone who has abandoned his old home and comes here to set up a new home with the intention of staying here permanently," said Kwasi Nyamenkye, a lawyer who represents the University and Community College System of Nevada.

But the regents' policy does not adhere to that, Nyamenkye said. Instead, it follows the federal definition of a permanent immigrant -- which means a green card is necessary.

Gary Munster, whose wife is an immigrant from the Philippines who spoke little English, fought to change the policy for years, he said.

Munster said after years of inaction by the Board of Regents, he gave up.

"Everybody I spoke to thought (the policy) was wrong," Munster said. "Everybody was scared and nobody was willing to make a change."

UNLV Provost Ray Alden said university officials have no say in the matter.

But Holmes said that the regents' rule is a matter of interpretation. Holmes said CCSN interprets the policy more liberally, and that legal immigrants waiting for their green card can pay in-state rates there.

CCSN officials said they apply the same rule, but said there are few complaints about it there.

"I have (had) only two people who have said anything to me about it," said Lynda Martinez, a teacher's assistant in international languages.

Regents say they are willing to take another look at the policy but are not convinced it is worth changing.

"I would certainly be interested in hearing an explanation why they are doing this," Regent Steve Sisolak said. "Sometimes when you look at this on the surface it seems like it is unfair, but when you really look into it you find that there are legitimate reasons for the policy."

Regent Tom Kirkpatrick said he is uncertain about whether to change the policy.

"I have mixed feelings about it," Kirkpatrick said. "I think if a person wants to go to college, we need to do everything we can to help them. Then there's another part of me that says we have immigration rules that we need to follow. The question is what do you do?"