State Sen. Fred Smith on Monday asked N.C. Attorney General Roy Cooper to clarify a decision on the legal standing of admitting illegal aliens to community colleges.
The state Community College System on Nov. 7 issued a memorandum stating that, based on a 1997 legal opinion issued by Attorney General Mike Easley, that immigrants illegally in the state may attend the colleges if they pay out-of-state tuition rates.
“In my view the colleges have no authority to issue such a directive,” Smith, R-Johnston, wrote, “and are placing themselves above the law and therefore are violating federal and state law.”
Smith, who is running for governor, released the letter to the media through his campaign.
In his letter, Smith contended that the memorandum “incorrectly interprets North Carolina Administrative Code,” and the community colleges’ newly stated policy is in violation of federal and state law, in addition to the system’s own established policies. He also said that only the General Assembly has the power to grant post-secondary educational benefits to illegal immigrants.
“This power does not reside with the North Carolina Community College System and cannot be mandated by means of a directive from the community college president’s office,” Smith wrote to Cooper.
Smith cited two federal laws in arguing that the policy is illegal, including provisions that say it is against the law to “encourage or induce illegal immigrants to enter” the United States, and that it is unlawful to harbor or employ an illegal immigrant.
He also said the policy violates the N.C. Constitution, in that “every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.”
Smith wrote, “(The memorandum) encourages the violation of federal law by creating an inducement for illegal immigrants to come to and remain in North Carolina, as well as for employers to hire illegal immigrants.”
Smith said the policy violates the code of ethics for N.C. educators, which the Community College System abides by. He said the code states that educators “shall not commit … any felony under the laws of the United States or of any state.”