Governor Martin O'Malley Signs Tuition Law, Repeal Underway

Gov. Martin O'Malley (D) signed legislation Tuesday that extends in-state college tuition rates regardless of a student's citizenship status, prompting advocates to celebrate. Opponents, however, are already organizing efforts to bring the measure to referendum, so it may be too soon for proponents of the law to declare victory just yet.  

“This victory today is a fitting finish to a multi-year struggle,” said Susanna Flores, spokesperson for Casa of Maryland, an immigrant rights organization. “We are thrilled that the State of Maryland has just sent the strongest message possible that immigrant families contribute to our communities and state, are valued, and are treated with the basic human dignity we should afford all Marylanders.”

The law will allow undocumented high school graduates to receive in-state college tuition rates first at community colleges, then at state universities upon completion of 60 credits. The student will need to prove their parents, or they, paid federal income taxes for three years while in a Maryland high school and while attending college, and agree to sign an affidavit stating the student will apply for legal status when eligible.

The law takes effect July 1 and students could receive in-state rates as early as this fall.

“I’m really excited over the idea that it passed,” said Del. Sheila Hixson, (D-Silver Spring), the lead sponsor of the House companion bill. “It obviously should have happened long before now, but it took a lot of convincing of some people that this was too costly and they didn’t have a right to have it happen. We see this as a bottom line issue that we want an educated workforce.  Why would you deny all these children [if] the federal government already pays for their elementary and high school education?”

However, not everyone in the state is happy about the law, and efforts to repeal it began only days after the bill narrowly passed in the final hours of the 2011 General Assembly. Under state law, citizens who are displeased with legislation passed during the current-year legislative session may petition the state to bring the law to referendum in the next general election.

“The Maryland voters should decide whether or not to extend in-state tuition benefits to illegal aliens via a referendum,” said Mark Uncapher, Montgomery County Republican Party Chairman.

On the state level, former Hagerstown Tea Party Chairman, Del. Neil Parrott, (R-Washington County), along with ardent anti-illegal immigrant activist, Del. Patrick McDonough, (R-Baltimore County), are leading the referendum effort.

Signatures from 3 percent of voters in the last gubernatorial election, in this case, 55,736, are required to be submitted to the State Board of Elections by June 30. One third of those signatures, 18,579, must be presented by May 31.  

"It's no surprise that Gov. O'Malley is signing this legislation,” said Parrott. "The people of Maryland anticipated this and that is why people across the state are going to www.mdpetitions.com to sign the petition to bring this bill to referendum."

Parrott said each county in Maryland, as well as Baltimore city, has a coordinator, and last weekend teams were out in Ocean City, Camden Yards and Hagerstown collecting signatures.  

“We are on track with where we need to be on the petition drive,” Parrott said.