A North Ogden lawmaker says the "C Word" is a key reason why he's abandoning his plans to keep undocumented students from paying the in-state tuition rate.
"I'm going to try an leave in-state tuition intact," Rep. Glenn Donnelson told the Deseret Morning News of the 2002 law that allows undocumented immigrants pay in-state tuition at Utah colleges and universities if they attend a Utah high school for three years and graduate.
Instead, Donnelson says when HB241 comes before the Senate Government Operations Committee on Tuesday, he'll try to substitute it with a measure that would revoke the lower rate for undocumented students who violate federal law by working, unless they can obtain legal status to do so.
"I don't know if it will pass or not," Donnelson said. "It shows a little more compassion."
There are 280 undocumented students enrolled across the state paying in-state tuition because of the waiver, according to the Utah System of Higher Education.
"Hopefully, the federal government will come to the rescue," said Donnelson, who has argued that allowing the students to pay in the in-state rate because it's selling a false dream because they'll still lack legal status when they graduate.
Donnelson has also contended that the state is violating federal law by offering the lower rate to undocumented immigrants when it isn't available to all U.S. citizens.
The repeal passed out of the House recently in a 40-35 vote. Gov. Jon Huntsman Jr. has said he supports keeping the lower tuition rate in place.
On Monday, Lisa Roskelley, the governor's spokeswoman, said, "We just need to see the legislation in its final form."
Theresa Martinez, co-chair of the Utahns for the American Dream Coalition, said she was cautiously optimistic that lawmakers are heeding a call for compassion by a leader in the Church of Jesus Christ of Latter-day Saints.
While the LDS Church has taken no position on the bill itself, Elder Marlin K. Jensen of the Seventy had recently called on legislators to take a "more thoughtful, factual, not to mention humane, approach." And Elder Russell M. Ballard, of the Quorum of the Twelve, is among members of the Alliance for Unity who signed a statement opposing HB241.
"I would want to see what the substitute looks like," Martinez said. "The devil is in the details sometimes."
Ronald Mortensen, spokesman for the Utah Coalition on Illegal Immigration, said the group is supporting the compromise as a balance between the rule of law and compassion.
Mortensen said he hoped those that advocated against the repeal would step up to help the students finance their education without using phony identification to work.
He said the bill will send a message to the students that "it's not right to commit multiple felonies to get a job."
The Senate committee will also consider two House bills that deal with undocumented immigrants' driving privilege cards. One of those bills would repeal the cards, the other would tighten them up.
E-mail: dbulkeley@desnews.com