AG now says college OK for illegals, by Kristin Collins (New Observer)

The state Attorney General's Office says it's legal for the N.C. Community College System to admit illegal immigrants.
That advice, given to the colleges Thursday and made public today, represents a reversal for the office of Attorney General Roy Cooper, which advised the colleges in May to bar illegal immigrants from degree programs. The colleges took that advice and issued a new policy prohibiting illegal immigrants from enrolling, even at out-of-state tuition rates. Cooper's office said at the time that post-secondary education might qualify as a public benefit to which illegal immigrants are not entitled under federal law.

But on Monday, Cooper's office got a letter from federal Immigration and Customs Enforcement, in response to a request for clarification of the law. The letter, from former Mecklenburg County Sheriff Jim Pendergraph, who now works for Immigration and Customs Enforcement, said that admission to colleges is not considered a public benefit under federal law.

Federal officials made the same statement to the News & Observer in May, but officials with the community colleges and the Attorney General's Office said they wanted to wait for a formal letter.

J.B. Kelly, general counsel, advised the colleges in a letter Thursday that it is up to them to decide whether to admit illegal immigrants.

Community College System President Scott Ralls was not immediately available for comment on whether he would lift the ban on illegal immigrants.

**Story Link