N.J. in-state tuition bill for immigrants advances

TRENTON - The New Jersey Senate approved a bill Monday that would let undocumented immigrants qualify for in-state college tuition and state financial aid.

Three Republicans joined 22 Democrats in supporting the bill, following brief debate spurred by one Republican over whether it would limit the opportunities of other New Jersey students. Twelve senators opposed the measure, which now must be heard by the Assembly.

"We are opening up avenues for the next generation of leaders in this state and this country," said Sen. Teresa Ruiz (D., Essex), the bill's sponsor, who said the measure was about "fairness and equity" for undocumented students who have attended New Jersey high schools but must pay out-of-state tuition to attend a New Jersey state college.

Democrats suspended a vote on another bill when it became clear they lacked the Republican support needed to override Gov. Christie's veto of a state ban on pig gestation crates, narrow cages used to confine pregnant sows. The bill's sponsor, Sen. Ray Lesniak (D., Union), said he would try again.

Lesniak, who has accused Christie of bowing to pork interests in Iowa to better his chances in that state's 2016 presidential caucuses, told senators Monday that the vote "isn't about the governor" but about ending a cruel practice.

While the bill - backed by animal-rights activists - passed the Senate, 29-4, in June, five Republicans who voted for the measure opposed it Monday. Two Republicans abstained from voting.

Lawmakers have never overridden a Christie veto.

"It's like Groundhog Day, isn't it?" Senate President Stephen Sweeney (D., Gloucester) said of the switched votes.

Senate Minority Leader Thomas H. Kean Jr. (R., Union), who voted for the bill but voted no Monday, said he had met with Christie Monday morning but had never discussed the bill with the governor.

The Senate's tuition-equality measure would allow undocumented immigrants to pay in-state tuition rates if they attend at least three years of high school in New Jersey and graduate in New Jersey or receive the equivalent of a high school diploma. Students also would have to sign affidavits that they have filed applications to legalize their immigration status or will do so as soon as they become eligible.

The bill also would allow students to receive state aid for college. Undocumented immigrants cannot qualify for federal aid, such as Pell Grants.

Sen. Robert Singer (R., Ocean) told senators Monday that "there are only so many dollars" the state can award in aid and that allowing undocumented immigrants to receive aid would shortchange students who are citizens.

"When you spend this money and it runs out . . . what do you say then?" Singer asked. He said state colleges would receive more applications for an already limited number of slots for in-state students.

"Let's understand something: We're pushing other children out. If you think not, rethink," he said.

Ruiz said she believed that state schools did not have slots for in-state and out-of-state students. A Rutgers University spokesman said the school did not designate a given number of slots for in-state students.

The state's Office of Legislative Services said that the bill would result in an "indeterminate increase in state expenditures" and that colleges might amend their admissions policies to accept more out-of-state students if they lost admissions revenue.

The office said there was "insufficient information to determine the bill's fiscal impact," because the number of students that would meet the requirements of the bill "cannot be ascertained." Policy analysts say it is difficult to track the undocumented immigrant population.

Last year, 28,500 New Jersey residents were eligible for a federal policy giving temporary relief from deportation to undocumented immigrants ages 15 to 30 who came to the United States before they were 16, had lived here since 2007, and had graduated from high school or were in school, according to New Jersey Policy Perspective, a liberal-leaning think tank. Of that group, 16,000 have applied.

"These children are here. They live here," Sweeney said. "I find it offensive to say we're pushing kids out. . . . I'm sorry, it is wrong to pit one against the other."

U.S. Sen. Robert Menendez (D., N.J.), a sponsor of federal legislation that would provide a path to citizenship for some undocumented immigrants, said in a statement that New Jersey had "already invested in these young men and women, and they deserve the same opportunity as anybody else who grew up and attended school" in the state.

"Let New Jersey's forward-thinking Legislature serve as a guidepost to do the right thing for our country by providing all people a fair chance at a better life for themselves and their families," Menendez said.

Republicans who voted for the bill were Sens. Kip Bateman of Somerset County, Gerald Cardinale of Bergen County, and Sam Thompson of Middlesex County. One Democrat, Sen. Jeff Van Drew of Cape May County, voted against it.

The Assembly moved a different tuition equality bill - not including a state financial aid component - out of committee this summer. Assembly Speaker-elect Vincent Prieto said last week that leaders in that house would meet to discuss their approach but that he supported including state aid.

Christie expressed support for tuition equality during a gubernatorial debate last month but has not commented on the bill.

With not enough senators voting to override the governor's veto of the gestation crate bill - a two-thirds majority, or 27 votes, were needed - Lesniak held the bill. "These are God's creations," Lesniak said after describing how sows, pregnant for "80 percent" of their lives, are held in crates that prevent them from standing or turning. "They should not be treated cruelly."

After the vote, Lesniak said Republicans who changed their votes would "have to live with their consciences." He said he would call for an override again when all Democrats were present. Sen. Barbara Buono (D., Middlesex) was absent Monday.

The Senate "can't stop trying. I didn't stop trying for marriage equality," Lesniak said.

In vetoing the bill - opposed by the National Pork Producers Council and the state Farm Bureau - Christie said the state Department of Agriculture and Board of Agriculture already had developed humane standards for livestock.