Test 90999 on your cell phone and you will instantly become part of the millions of people around the world trying to assist in the Haitian crisis.

Test 90999 on your cell phone and you will instantly become part of the millions of people around the world trying to assist in the Haitian crisis.

In-State Tuition Bills- S1036/S1933 & A194/A990

The proposed In-State Tuition Bills would allow all residents (legal and non-documented) of New Jersey to qualify for in-state tuition rates at public institutions of higher education.  This bill would benefit the entire State of New Jersey by allowing all students that have graduated with good grades, demonstrated good character, and attended at least three years of high school in New Jersey to pay the same tuition regardless of citizen or immigration status.

Currently, undocumented  students who are residents of New Jersey are required to pay out-of-state tuition rates, which could be up to double the resident state tuition rates.  For many the higher rate goes beyond their financial means impeding their ability to attend college.  In addition, only U.S. citizens are entitled to Federal Student Aid for college.

This bill affects those individuals who have grown up in New Jersey, have attended and graduated from New Jersey public or non-public school system, and who are residents with New Jersey roots who are committed to becoming citizens. Very often these students came to this country because their family was fleeing political, religious or economic instability, a decision made by the parents not the student.  Yet, despite the many obstacles they have faced, these students worked hard and succeeded in school. 

This bill would reward them for their hard work, initiative and desire to pursue higher education to become productive members of our communities.  When talented students in our communities are prevented from reaching their full potential, we all suffer.  However, we are also opening the door for state and federal aid to be divided among a larger population, by allowing non-documented families access to these funds.  The bills have solid arguments on both sides of the coin and should be decided shortly.  

The advice on this blog is not meant to replace that of your physician.  Please talk directly to your doctor if you think you are experiencing any of the signs and symptoms of Post Partum Depression.  PPD is a treatable condition that some women experience after giving birth.  Prior to your discharge from the hospital, a nurse or Social Worker should have discussed some of the signs of PPD.  Your hormones, life experience and circumstances may influence how you feel after birth.  As a DNA collector, I meet with so many parents from all walks of life - PPD knows no boundaries, social or economic status.  Sometimes a quick check-up with your doctor, share your concerns with him/her and you're on your way to feeling better.  Other times, you may need a little more help.  Today, women are sharing their feelings more and more on the subject of PPD - find a local mom's group, a local on-line forum - somewhere to share your feelings with other moms who have possibly felt the same way.  Before you leave the hospital, make a friend with another new mom - you can coach each other on milestones of being a new mommy.   

Signs of Possible PostPartum Depression (PPD)

Feelings of restlessness and irritability

Feelings of hopelessness or worthlessness

Crying Frequently

No Energy or No Motivation

Changes in Eating or Sleeping Habits (other than usual interruptions experienced by new moms and dads)

Lack of Mental Clarity, fogginess or trouble making decisions

Withdrawal from family, friends and activities (other than those you would not normally do after surgery or those you cannot do as a new mom)

Headaches, chest pains or heart palpitations

Having no interest or questionable interest in infant care

 

Steps to Relieving PPD

Talk with your doctor immediately

Talk to family, friends, clergy and other new moms

Join a new mom chat group or on-line forum

Don't put too much pressure on yourself to return to a "normal" routine

Ask others for help with household chores (this includes the new dad)

Try to get out of the house everyday - get some sunlight - get some adult time

Catch up with your rest (take naps when baby is sleeping)

Having some of the signs or all of the sign of PPD does not make you a bad mother.  Know the signs and get help.

One possible cause of anxiety in a new mom's life, is the doubt of the paternity of a child.  The DNA Lady offers non-invasive, private DNA tests in the comfort of your hospital room, our private office or your home.  Call us for information and set up a convenient appointment. 

A young couple inquire about a DNA test for their new baby.  The mother, interested in proving her fidelity to this young man while the "alleged" father was interested in removing family doubts.  It seems that his family, over the holidays had chided him that this baby "doesn't look like any of us".  His aunt even went so far as to say - "this baby is too light skinned to be from our family".  Besides the insensitivity of it all, with the "melting pot" that our society has become today - no one can really know the entire contents of their own DNA, really.

In any case, the DNA collection and identification process were explained but the young man expected his medical insurance plan would cover the cost.  However, Paternity Testing is not medically relevant information so medical or health insurance companies do not cover the cost for Paternity Tests.   

It is January 7th, everyone is getting back to work and feeling the pressure of the looming big holiday bills.  No matter what the media reports, we all spent too much and this young couple were no different.  They had a new baby and he needed lots of new things and it was his first Christmas and it was their first Christmas as a family.  There are so many good reasons why - the money spent on a Paternity Test to solidify this child's future - were instead spent on Christmas presents.

The DNA Lady attempts to provide alternatives and so the process of going to Family Court to sign up for a State Funded Paternity Test was offered along with all of the methods under which child support will then be collected in the event that this young man is the father.  A hired collector from an out of state lab sits in a room in the courthouse, with a big DNA sign on the door, and one by one the families shuffle in to have their DNA collected. 

Income Withholding - salary garnishment
License Suspension - driver's, professional and occupational are suspended if a child support bench warrant issued
Asset Seizure - if the child support falls behind 3 months, a lien can be placed on checking and savings accounts
Credit Reporting - past due amounts are reported to credit reporting agencies, thereby lowering your credit score
Lottery and Tax Refunds Intercept - very clear, if the child support payment exceeds $1000 the State can take your lottery winnings or tax refunds, property tax refunds, or homestead rebates.
Passport Denial  - if a parent owes $5000 or more, the State can withhold issuance of a new or renewed  passport.
New Hire Reports to the State - all employers are required to report information on newly hired employees.  This information is then matched to an Automated Child Support Enforcement System and can generate a wage withholding.

The young couple will receive their DNA Paternity Test results by early next week from the DNA Lady.  The young couple will then privately agree on how to raise their beautiful new baby boy and in the event there is a child support issue - the mother has a document and file with which to pursue child support and the father has a document and file with which to pursue child visitation rights.  Their privacy is maintained, the child will know his parents and this young man does not have to worry about an employer finding out private information about him - now or in the future.  Everyone's dignity is in tact and the State of New Jersey, already broke from overspending gets to save a few dollars in this very tough economy and manhours because they do not have to get involved in what is a very, private issue for some families.


 

An article in the New York Times dated January 1, 2010 tells the story of 4 undocumented students, leaving from Florida on the 1500 mile trek to the nation's Capital to highlight the need for Immigration Reform.  The four young men plan on visiting different state offices along the way to speak directly to representatives who are not voting in favor of reform. 

Their particular plight is timely because high school students are now in the process of submitting their Federal Financial Aid (FAFSA) applications.  Many students have been accepted to the schools of their dreams but College costs what they are today, there are few who can attend without financial assistance.  Federal Financial Aid is available to U.S. Citizens or those with Resident or Permanency Cards.  Undocumented students are not eligible for Federal Aid and as of this writing, New Jersey is debating on whether the very same undocumented students should be eligible for in-state aid.  It was surprising to note in a few conversations this week with local school associations that the "eligibility" requirement was not clear to some.   

One of the young men involved in the march from Florida to Washington, was accepted to Duke University but is not able to attend because he is not eligible for Federal Student Financial Aid.  All of the young men are placing themselves at risk for deportation by this public display.  How sad for them to have come so far and worked so hard - only to be set back by circumstances and events beyond his control.   Had their families thought about correcting their U.S. status while these young men were still in elementary or high school, then at least one would be attending Duke University instead of marching to Washington.

Financial Aid Counselors may find it difficult to bring this subject up to certain students.  In this day of "political correctness"; maybe it would be considered rude for a counselor to broach the subject with a student or his family.  But I think the consequences far outweigh the possible "profiling" nature of the subject.  Since it is high school guidance and financial aid counselors who come into contact with students - it should be incumbent on the counselors to let the families know that DNA tests can expedite family based visas.  Since there is the usual paperwork and bureaucracy involved, starting the process while the children are either in elementary or early in high school is recommended.  Local Legal Aid Societies and other not for profit agencies are all involved in assisting undocumented families become reunited and achieve permanency in the United States.   

The United States needs more young people with the fortitude and courage that these young men exhibit.
 
The DNA Lady, owns a DNA collection facility in Metuchen, NJ.  If you need a referral to one of the not for profit agencies in your area, call 732-632-8820 and we will supply names, phone numbers and addresses of someone nearby depending on your circumstances - either not for profit or of legal counsel.

FAFSA applications also require that parents' disclose full financial information, irrespective of the parent's role in the child's life.  If you need a DNA test to prove/disprove Paternity or Maternity, or any other biological relationship - we're here to help, as well. 

This page contains information about financial aid and scholarships for undocumented students, illegal aliens, financial aid and college application advisers. The terms "undocumented student", "illegal alien", and "illegal immigrant" are used interchangeably and intentionally to enable this page to be found by students and their parents who are trying to find information about the scholarship process for those with undocumented status.

This page provides a neutral, objective and comprehensive summary of this topic.

Financial aid is generally not available for undocumented students and illegal aliens. The majority of all student aid, including Federal student aid, requires the recipient to be a US citizen or permanent resident (green card holder) or an eligible non-citizen. There are, however, a few states that allow undocumented students to qualify for in-state tuition rates. There are also several private scholarships available to undocumented students.

In-State Tuition

There is a conflict between Federal and State law regarding the eligibility of undocumented students (though no fault of their own) for in-state tuition rates.  Local New Jersey High School Financial Aid counselors may not know the students' status, but it is best to get the students' status corrected so that their are no surprises as they begin their search for college.

A simple DNA test, performed at your local DNA collector's office can confirm or deny a child's biological relationship to a documented father or mother.  If the child's status and his/her parents status is undocumented, there is more preparation involved and an immigration counselor can offer advice.  Catholic Charities, Legal Services of New Jersey, American Friends are all resources for such situations.  Call the DNA Lady at 732-632-8820 and she will provide you with contact information around New Jersey.     

Federal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit (college financial aid) unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."

Several states -- Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Oklahoma and Kansas -- have passed state laws providing in-state tuition benefits to illegal aliens who have attended high school in the state for three or more years. Similar legislation is pending in Florida, Hawaii, Maryland (legislation passed, but awaiting governor's signature), Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, South Carolina, Tennessee and Virginia. (Connecticut and Wisconsin also passed such a law, but their governors vetoed it.) The Nevada system of higher education does not consider immigration status for in-state tuition, but does require it for a state-sponsored scholarship. Also, some schools in Georgia provide in-state tuition benefits to illegal aliens. The Texas law also allows illegal aliens to receive state student financial aid.

These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally. (The California law, AB 540, requires the student to file an affidavit that he/she has filed an application to legalize his/her immigration status or intends to file an application as soon as he/she is eligible to do so. So California doesn't even attempt to maintain the fiction that the school is unaware of the student's immigration status.) They also circumvent the law by basing eligibility for in-state tuition on attendance at or graduation from an in-state high school and not on state residence.

Subsection 8 USC 1621(d) permits states to provide illegal aliens with state and local public benefits provided that a state law is enacted after August 22, 1996 specifically permitting illegal aliens to receive such benefits. However, this subsection makes a potentially limiting reference to subsection 1621(a) and so does not override the restrictions in 8 USC 1623(a). As such, it would appear that the state laws permitting in-state tuition to illegal aliens are not permitted by the federal law.

Virginia passed a law barring illegal aliens from receiving in-state tuition, but it was vetoed by the governor. The state attorney general then stated that existing state law requires state colleges and universities to charge illegal aliens higher tuition. Legislation to ban in-state tuition for illegal aliens is pending in Alabama, Alaska, Florida, Mississippi, and North Carolina. A bill to ban in-state tuition for illegal aliens was defeated in Arizona in March 2005, but a ballot initiative requiring illegal aliens to pay out-of-state tuition and making them ineligible for state student financial aid (Proposition 300) was passed in November 2006 and went into effect on December 7, 2006. States banning in-state tuition for illegal aliens include Georgia and Colorado. (The Colorado attorney general ruled on August 14, 2007 that Colorado students who were born in the US of illegal immigrant parents may nevertheless pay in-state tuition rates. The argument is that a US citizen -- the student -- is the beneficiary of the in-state tuition, not the parents, so the parents' illegal status should have no bearing on eligibility. This follows in the footsteps of a late-2006 settlement between the State Student Assistance Commission of Indiana and the ACLU of Indiana, concerning denial of state scholarships in the Indiana 21st Century Scholars Program to an otherwise eligible US citizen student because of her parents' illegal status.)

The heart of the controversy concerning in-state tuition for illegal immigrants is a conflict between pragmatism, compassion and fairness. On the one hand, why should children of illegal immigrants be punished for violations of immigration law by their parents or for delays caused by bureaucracy? Denying illegal aliens in-state tuition rates denies most of them access to a higher education. Many of these students will eventually become legal residents. One can also argue that the cost of not helping these students pursue a higher education is greater than the cost of helping them. Education increases tax revenues and decreases spending on welfare, health care and law enforcement. (The 1997 report The New Americans by the National Research Council found that immigrants -- both legal and undocumented -- with a college education save the government money, while those with just a high school diploma consume more in services than they contribute in taxes.) It seems inconsistent to provide illegal aliens with a free public elementary and secondary school education, only to deny them access to a post-secondary (college) education. This effectively limits their potential.  On the other hand, why should law-abiding US citizens have to pay higher public college tuition rates than illegal aliens? They too can be helped by lower in-state tuition rates, providing future benefits to the state and the nation. To the extent that in-state tuition rates are intended to provide a benefit to state taxpayers whose tax dollars support state colleges, the tuition breaks for illegal aliens are somewhat inconsistent. (While only 5 percent of undocumented workers file federal income tax returns according to the Mexican Migration Project (MMP), a much larger percentage have taxes withheld from their paychecks. Of the roughly 2,100 undocumented workers surveyed by the MMP, as much as two-thirds report having had federal income taxes withheld from 1997-2002. Other, more conservative studies estimate that about half of undocumented workers have income taxes withheld from their paychecks. It is unclear whether the employers deliver the withheld taxes to the government or are simply pocketing the money. Since very few undocumented workers file income tax returns to obtain a refund, effectively these workers are paying taxes at a higher marginal rate than US citizens. However, a greater percentage of US citizen workers have income taxes withheld and file income tax returns than undocumented workers.) Yet the Federal government also lacks a consistent and enforceable immigration policy, nor the will to devote sufficient resources to enforce existing immigration law.

This controversy is unlikely to be resolved until the US Supreme Court hears a case concerning it. (The most likely test case will be a lawsuit, Day v. Sebelius, filed on July 19, 2004 to challenge a Kansas law (76-731a) that allows children of illegal aliens to pay in-state tuition rates. However, the US Court of Appeals for the 10th Circuit ruled on August 30, 2007 (05-3309) that the plaintiffs lacked standing to challenge the constitutionality of the Kansas law and that the plaintiffs lacked a private right of action to enforce preemption by 8 USC 1623. The court's decision hinged on the plaintiffs failure to demonstrate that they had suffered actual "concrete and non-speculative" harm from the Kansas law, nor that the injury would be redressed by overturning the law. In particular, even if the court struck the provision allowing illegal alien state residents to qualify for in-state tuition, the plaintiffs would still not be qualified to obtain tuition rates reserved for residents. Likewise, the plaintiffs failed to demonstrate a causal relationship between the benefits accorded to illegal aliens and the tuition charged to nonresident US citizens. As such, their claimed injury is conjectural and hypothetical, and unsupported by evidence. Since the plaintiffs lacked standing to bring their suit, the appeals court did not evaluate whether the Kansas law violates the equal protection clause of the fourteenth amendment or the merits of the preemption claims brought by the plaintiffs.) On December 17, 2007, the 10th circuit court of appeals denied a request for a rehearing before the full court. Most likely the decision will focus on the Equal Protection Clause of the 14th amendment of the US Constitution, as did the decision in Plyler v. Doe, 457 US 202 (1982). It will also likely overturn state laws, regardless of whether they provide in-state tuition to illegal immigrants or ban it, since the authority to regulate immigration belongs exclusively to the federal government. It might also find that offering reduced in-state tuition to state residents is unconstitutional.

Court cases in Kansas and California have also focused on the use of the word 'benefit' in 8 USC 1623, arguing that Congress's intent was to restrict monetary benefits and that in-state tuition is not a monetary benefit but a status benefit. In particular, "state or local public benefit" is defined in 8 USC 1621(c)(1)(B) as benefits for which "payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government" and 8 USC 1623(a) uses the word "amount" in connection with the term "postsecondary education benefit". The crux of the argument is that reduced in-state tuition is not a monetary benefit because payments are never made to the individual or family. However, one could also argue that Congress's intent in passing this law was clearly to prohibit in-state tuition for illegal aliens in addition to state financial aid, and that reduced in-state tuition falls within the scope of the term "assistance".

There is pending legislation in the House and Senate that would repeal the Federal restriction and make college more affordable for illegal aliens. (The original 2003 Senate version of the bill was known as the Development, Relief and Education for Alien Minors (DREAM) Act (S 1545) and the original House version of the bill was known as the Student Adjustment Act (HR 1684). These bills were reintroduced in the 110th Congress as the DREAM Act of 2007 (S.774) and the American Dream Act (H.R.1275), with the latter bundled into the STRIVE Act of 2007 (H.R.1645).) The DREAM Act would permit states to determine state residency for higher education purposes by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It would also provide a mechanism for undocumented students of good moral character to become legal permanent residents and to qualify for Federal student aid.

Additional information can be obtained from the National Conference of State Legislatures site.

Scholarships

Another potential source of financial aid is private scholarships. There are a few private scholarships for undocumented students that do not require the student to be a US citizen or resident or have a social security number in order to apply. Information about such scholarships can be found in the FastWeb scholarship search. Other good resources include the Mexican American Legal Defense and Educational Fund (MALDEF) (see especially the MALDEF List of Scholarships for Undocumented Students and the MALDEF Scholarships) and the Salvadoran American Leadership and Educational Fund.

Federal Student Aid

If the student is a US Citizen but one or more parents are undocumented, the student is eligible for federal student aid. However, if the parents supply a fake or stolen social security number (SSN) on the form, the student's FAFSA will be rejected when the parent's social security number fails to match. The FAFSA may also be rejected when the parents submit a SSN or Taxpayer Identification Number (TIN) that is valid for work purposes only. If the parents do not have a social security number or the social security number fails the match, they should use 000-00-0000 as their social security number on the FAFSA form.