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North Carolina Community College System policy on admission of undocumented students
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North Carolina Community College System policy on admission of undocumented students : ウィキペディア英語版
North Carolina Community College System policy on admission of undocumented students

The North Carolina Community College System (NCCCS) is the governing body for North Carolina's 58 public community colleges and has been empowered by the state of North Carolina to "adopt all policies, regulations and standards it may deem necessary for operation of the System"〔 by the North Carolina General Assembly. On March 19, 2010, the State Board of Community Colleges approved policy 23 N.C.A.C. 02C .0301 entitled “Admission to Colleges”.〔 The State Board has been researching and amending the policy for a decade now and it was implemented on July 10, 2010 after completing the full amendment process.〔 The '' Admission to Colleges'' policy states "undocumented immigrants can enter the system's 58 community colleges if they are a graduate of a United States high school, pay out-of-state tuition, and do not displace a North Carolina or United States citizen"〔
According to a research study completed by JBL Associates, Inc., and Powers, Pyles, Sutter & Verville PC, undocumented students are "those students who are non-United States citizens and do not hold a valid visa or other recognized immigration status authorizing them to be lawfully present in the United States".〔 Each state has a different policy such as admitting undocumented students or not admitting them at all.
==Background history==
On August 22, 1996, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was enacted by congress followed closely by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) on September 30, 1996. These policies transformed the United States immigration laws that existed before the act was passed. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 denied all state and federal benefits to those who are not qualified aliens. Qualified aliens are those who are:〔
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was introduced to improve border protection and enhance penalties against smugglers and employers of undocumented aliens. It also set the basis for states to implement their own laws to either allow or deny undocumented students admission into their schools. Section 505(a) of the IIRIRA states:〔
After these federal laws were passed, the North Carolina Community College System board met, discussed, and implemented their first policy on undocumented students in North Carolina community colleges. This first policy implemented on December 21, 2001 stated “undocumented students could be admitted to community colleges only if they were: (1) In high school and enrolling in college-level courses; (2) Enrolling in non-college-level courses or programs (such as GED preparation courses); or (3) Determined to meet other qualifying conditions set forth under Federal law”. The only way an undocumented student could enroll in a North Carolina Community College is if they met one of three criteria listed and they paid out-of-state tuition. They were not permitted to enroll for purposes of post-secondary education.〔
Almost two years later, the board met to discuss and implement their second policy regarding undocumented students on August 13, 2004. This policy gave each individual North Carolina community college the discretion to choose to enroll undocumented students or deny them. This second policy “permitted the enrollment of undocumented non-immigrant applicants to curriculum, continuing education, and basic skills programs and required qualifying undocumented non-immigrants to pay out-of-state tuition 〔
Three years later on November 7th, 2007, the board issued a third memorandum stating “All colleges are to maintain an open-door admission policy to all applicants who are high school graduates or who are at least 18 years of age”.〔 The downside to this new policy is that undocumented students are to continue to pay out-of-state tuition. This new policy concerned NCCCS board members and so they sent a letter to the North Carolina Attorney General. In this letter the NCCCS is asking if their policy allowing undocumented students into North Carolina’s Community Colleges is in compliance with Federal and State law. In response to the NCCCS’s letter, the North Carolina Attorney General’s office advised the board to return to their December 21, 2001 policy because it “would more likely withstand judicial scrutiny”.〔 Governor Mike Easley on the other hand suggested the NCCCS Board to continue their current policy since there is no federal policy.〔 In response to Governor Easley’s suggestion, the board replied to the Attorney General asking them to seek federal advice from The Department of Homeland Security.〔
While awaiting response from Homeland Security, the NCCCS board issued a fourth memo on May 13, 2008 stating:
This policy was intended to be a temporary policy until the board could find out what would be best for them and the state of North Carolina.〔

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