By JIM BARON

PROVIDENCE — Declaring that “education is a human right” and that “every person, regardless of (immigration) status should be able to improve their own lives,” Providence Rep. Grace Diaz has introduced legislation that would allow Rhode Island students in the country illegally to pay the cheaper in-state rate for tuition at state colleges and universities.

Undocumented students — who can not produce a Social Security number — are currently forced to pay the out-of-state tuition rate to attend the University of Rhode Island, Rhode Island College and Community College of Rhode Island, which is up to three times the cost charged to in-state students.
“Young people should not be punished for actions beyond their control. Many of the students we’re trying to help came to the United States with their parents and have lived in the country for several years,” Diaz said at a State House press conference Thursday afternoon. “Many of the students we’re trying to help came to the United States with their parents and have lived in the country for several years.”
She said the bill was written to require that the students attend Rhode Island high schools for at least three years and graduate to be eligible for the reduced tuition. To get the in-state rate, each student would also have to “file an application to legalize his or her immigration status or plan on filing an application as soon as he or she is eligible to do so.”
“This is an issue that I am extremely passionate about,” Diaz added. “As someone who came to this country with very little, I know first-hand the opportunities that a good education can bring to someone who is willing to work hard. This legislation will allow more people to fulfill the American Dream: to go to college, get a good education, get a well-paying job and become a productive, successful member of society.
“If they live here, most of the parents pay taxes, why not?” Diaz asked. “We have two choices.” One is to have the students not go to college and stay at home make no contribution to the state, “or let them continue their education and when they have their documentation ready, they can make big contributions to the state.”
Terry Gorman, president of Rhode Islanders for Immigration Law Enforcement (RIILE) said his group will oppose Diaz’ legislation when it comes up for a hearing. He said, “Federal law states that, notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state for any post-secondary education benefit unless a citizen of the United States is eligible for such benefit without regard for whether the citizen is such a resident.
“In other words,” Gorman said, “they would have to offer in-state tuition to anyone in the country who wanted to come here before illegal aliens would be allowed to get in-state tuition.”
Gorman said he opposes the legislation because, “it shouldn’t be that an American citizen’s children should be able to get into URI and maybe can’t afford it, and someone who is here illegally would enjoy all the benefits and entitlements an American citizen wouldn’t get. It’s just not fair.”
Addressing the sentiments of people who say illegal alien students should be deported rather than being given reduced tuition, Roberto Gonzalez, an immigration lawyer and member of the Rhode Island Coalition to Advance Student Opportunity, said, “We cannot succumb to those people.  We have to do justice. We have to do what’s right and can not be swayed by popular opinion. 
“Those same people who speak out against this bill,” Gonzalez said, “if they had it their way, there would be nothing but hate and there would but rounding up people and concentration camps and putting people in chains like Judge Arpaio is proposing to do in Texas and marching them down the street.”
Joseph Arpaio is actually sheriff of Maricopa County, Arizona. In 2005, he did require nearly 700 maximum-security prisoners to march four blocks from one prison to another wearing only their underwear and flip-flops to prevent the concealment of weapons.
Gonzalez said that the undocumented students covered by the bill would “absolutely not” take up slots that could be used by Rhode Islanders who are U.S. citizens. He said only about 120 to 130 undocumented students a year would be eligible for the program.
Supporters of the measure say that it would give immigrant students who may have a hard time in school the incentive to graduate and attend a college or university. They say the law already requires that students in K-12 be educated despite immigration status, and that Diaz’ bill would extend that right to post-secondary education.
Diaz conceded that her bill would likely be vetoed by Gov. Donald Carcieri, who has made a high-profile stand against illegal immigration. But she said this is the fifth year she has introduced this legislation and vowed to keep doing so until it passes.