Anchor Baby Denied Financial Aid

[Trajan]

The ACLU and a Rutgers University legal clinic are representing the high school senior — identified only as A.Z. — in an appeal filed on her behalf in a case they claim violates both state and federal laws.

As well as the US Constitution.

In Plyler v Doe (1982) the Court held that children can not be punished for the bad acts of their parents:

Their "parents have the ability to conform their conduct to societal norms," and presumably the ability to remove themselves from the State's jurisdiction; but the children who are plaintiffs in these cases "can affect neither their parents' conduct nor their own status." Trimble v. Gordon, 430 U.S. 762, 770 (1977). Even if the State found it expedient to control the conduct of adults by acting against their children, legislation directing the onus of a parent's misconduct against his children does not comport with fundamental conceptions of justice.

[V]isiting . . . condemnation on the head of an infant is illogical and unjust. Moreover, imposing disabilities on the . . . child is contrary to the basic concept of our system that legal burdens should bear some relationship to individual responsibility or wrongdoing. Obviously, no child is responsible for his birth, and penalizing the . . . child is an ineffectual -- as well as unjust -- way of deterring the parent.

Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 175 (1972)

Plyler v. Doe

The student will obviously win her case.

Consequently there is no such thing as an ‘anchor baby,’ and punitive actions can not be taken against such children accordingly in an effort to deter their parents’ potential law violations. Indeed, per Plyler, this applies to undocumented children living in the United States as well.

a) so if I had sent my child to a school out of school and used her grandmother as a phony address, and discovered she would not have been sent back to an in school district? Bullshit.

b)the kid is not being 'punished', she is being treated exactly in accordance with laws on the books that apply to everyone else.

c) in effect he/she is asking for dispensation from the rules.

d) if the parents lived in say, Nevada, the answer would have been the same.

e) her parts status as illegals actually, has zip to do with it, its just the usual Proggie sob story used to gin up sympathy.

f) you DO understand why the rule is extent...right?

 

[C_Clayton_Jones]

a) so if I had sent my child to a school out of school and used her grandmother as a phony address, and discovered she would not have been sent back to an in school district? Bullshit.

b)the kid is not being 'punished', she is being treated exactly in accordance with laws on the books that apply to everyone else.

c) in effect he/she is asking for dispensation from the rules.

d) if the parents lived in say, Nevada, the answer would have been the same.

e) her parts status as illegals actually, has zip to do with it, its just the usual Proggie sob story used to gin up sympathy.

f) you DO understand why the rule is extent...right?

That’s interesting subjective opinion but you forgot to cite the Supreme Court case where Plyler or Weber were overturned, or where the Constitution was amended to render those decisions null and void.

But thanks for playing.

 

[chanel]

Once upon a time a decent scholar athlete was denied a tuition grant because his parents refused to provide proof of income on the FAFSA. Happens every fucking day. What about that kid?

Callous jerks. Lol

 

[LilOlLady]

An American-born high school student from New Jersey has been denied state tuition assistance because her mother is an illegal immigrant, according to the American Civil Liberties Union.

The ACLU and a Rutgers University legal clinic are representing the high school senior — identified only as A.Z. — in an appeal filed on her behalf in a case they claim violates both state and federal laws.

The student, a lifelong New Jersey resident and graduating senior, applied for a Tuition Aid Grant from the state's Higher Education Student Assistance Authority, or HESAA. Her state aid application was rejected, according to the ACLU, with the explanation that "her parents are not legal New Jersey residents."

American-born student denied N.J. tuition grant due to mom's immigration status | NJ.com

Boo freakin hoo. I am so tired of this bullshit. My kids cannot get financial aid in the state of PA because we are not legal residents there. That's the way it works kids.

The parents should be grateful they are not being deported. Instead they are suing. What a country!

Wow, what a callous bigot you are. The child did nothing wrong; she was born in the U.S. and she is by law a U.S. Citizen who resides in N.J. Yes, we have a great country, sadly some of our citizens are jerks.

The child's parents are in the country illegal and it's sad that sometime children pay for the sins for their parents. American children suffer when their parents commit crimes and are incarcerated. What a great country that cannot protect it's borders and it people.
So we are jerk because we don't want our tax dollars going to people who do not deserve it.
This madness of automatic citizens has to stop and Mexico need the share in the resonsiblity of taking care of these anchor babies since their are citizens of Mexico according to Mexico Constitution.
Anchor babies make the choice to break the law and not it pay up time.
Make that most of us are jerks.

 

[C_Clayton_Jones]

The child's parents are in the country illegal and it's sad that sometime children pay for the sins for their parents. American children suffer when their parents commit crimes and are incarcerated. What a great country that cannot protect it's borders and it people.
So we are jerk because we don't want our tax dollars going to people who do not deserve it.
This madness of automatic citizens has to stop and Mexico need the share in the resonsiblity of taking care of these anchor babies since their are citizens of Mexico according to Mexico Constitution.
Anchor babies make the choice to break the law and not it pay up time.
Make that most of us are jerks.

Thanks for playing as well, but you get no parting gifts.

 

[Trajan]

a) so if I had sent my child to a school out of school and used her grandmother as a phony address, and discovered she would not have been sent back to an in school district? Bullshit.

b)the kid is not being 'punished', she is being treated exactly in accordance with laws on the books that apply to everyone else.

c) in effect he/she is asking for dispensation from the rules.

d) if the parents lived in say, Nevada, the answer would have been the same.

e) her parts status as illegals actually, has zip to do with it, its just the usual Proggie sob story used to gin up sympathy.

f) you DO understand why the rule is extent...right?

That’s interesting subjective opinion but you forgot to cite the Supreme Court case where Plyler or Weber were overturned, or where the Constitution was amended to render those decisions null and void.

But thanks for playing.

points d & e.....

no, her parents status outside the fact they are not jersey residents is meaningless. What here parents do from this point on is meaningless...it has no bearing. I think you are way over reading and reading into the decision.

You are actually arguing for special treatment for the kid BECAUSE her parents are illegal....hello, thats a completely different story and not germane as the kid was not denied because her parents were illegal the highly misleading AP title to the OP link not withstanding....

since you wanna get snarky, apparently logic is not your friend; if I had just moved to California last year and this year my kid wanted to go to college here and applied for state assistance OR even in state tuition, the answer would be NO, I need to be a Cali. resident for at least 5 years.....

 

[LilOlLady]

If her parents are not legal residents of USA she should not be able to get instate tuition in any state. Right?
In-State tuitions only apply to state run colleges.
Maybe the ACLU belive since her parents work and pay state taxes she should be allowed in-state tuition?
I don't believe any illegal alien and their children should qualify for anything. Many illegal aliens are living off the welfare, food stamp and healthcare given to the anchor babies. That's just insane.

 

[LilOlLady]

If her parent are not legal residents of NJ she is not qualified for in-state tuition. Same as if I was not a legal resident, my child would qualify for In-state tutiton. Why should she get special consideration?

 

[C_Clayton_Jones]

points d & e.....

no, her parents status outside the fact they are not jersey residents is meaningless. What here parents do from this point on is meaningless...it has no bearing. I think you are way over reading and reading into the decision.

You are actually arguing for special treatment for the kid BECAUSE her parents are illegal....hello, thats a completely different story and not germane as the kid was not denied because her parents were illegal the highly misleading AP title to the OP link not withstanding....

since you wanna get snarky, apparently logic is not your friend; if I had just moved to California last year and this year my kid wanted to go to college here and applied for state assistance OR even in state tuition, the answer would be NO, I need to be a Cali. resident for at least 5 years.....

I’m not arguing anything – I simply present the current case law. I understand you disagree with it and don’t like it, but it is the law of the land, we’re all required to abide by it.

And as noted, your only recourse is to have the Court overturn the cited rulings or amend the Constitution. Otherwise it is indeed merely subjective opinion on your part.

 

[RadiomanATL]

points d & e.....

no, her parents status outside the fact they are not jersey residents is meaningless. What here parents do from this point on is meaningless...it has no bearing. I think you are way over reading and reading into the decision.

You are actually arguing for special treatment for the kid BECAUSE her parents are illegal....hello, thats a completely different story and not germane as the kid was not denied because her parents were illegal the highly misleading AP title to the OP link not withstanding....

since you wanna get snarky, apparently logic is not your friend; if I had just moved to California last year and this year my kid wanted to go to college here and applied for state assistance OR even in state tuition, the answer would be NO, I need to be a Cali. resident for at least 5 years.....

I’m not arguing anything – I simply present the current case law. I understand you disagree with it and don’t like it, but it is the law of the land, we’re all required to abide by it.

And as noted, your only recourse is to have the Court overturn the cited rulings or amend the Constitution. Otherwise it is indeed merely subjective opinion on your part.

So your contention is that all residency requirements for in-state tuition is unconstitutional?

Lemme know how that works out for you....

 

[syrenn]

An American-born high school student from New Jersey has been denied state tuition assistance because her mother is an illegal immigrant, according to the American Civil Liberties Union.

The ACLU and a Rutgers University legal clinic are representing the high school senior — identified only as A.Z. — in an appeal filed on her behalf in a case they claim violates both state and federal laws.

The student, a lifelong New Jersey resident and graduating senior, applied for a Tuition Aid Grant from the state's Higher Education Student Assistance Authority, or HESAA. Her state aid application was rejected, according to the ACLU, with the explanation that "her parents are not legal New Jersey residents."

American-born student denied N.J. tuition grant due to mom's immigration status | NJ.com

Boo freakin hoo. I am so tired of this bullshit. My kids cannot get financial aid in the state of PA because we are not legal residents there. That's the way it works kids.

The parents should be grateful they are not being deported. Instead they are suing. What a country!

Good!

 

[Dont Taz Me Bro]

Consequently there is no such thing as an ‘anchor baby,’

Consequently, there is, but you already knew that.

 

[chanel]

Yep Mom's been "anchored" her for a minimum of 18 years.

I also noticed they won't use her name. Would any other family be given the same privacy?

 

[Andracciolo]

I don't know if it makes any difference, but I wonder how old is this student. My own experience makes me ask this question.

I was born in New York City of a Corsican father and Italian mother and lived there for 8 years. After that, I went with my parents to Canada, then Corsica. I had to go to the equivalent of high school in Italy because I fought with a few of the students in school in Corsica. I wanted my parents to send me to America, but they wouldn't approve. I even took a boat to Marseilles, went to the US Consulate there, presented the proof that I was a US Citizen and told them I wanted to get to get to America. They told me it would be difficult if my parents didn't approve and even if I did get there, my parents could come and get me. Once I turned 18, that was a different matter. In fact, that's how I got here. I had my proof of Citizenship, my admission letter from Loyola Chicago. I submitted that information and my travel documents came shortly after that.

What I'm wondering is this. If the student is by now over 18, that student is no longer legally attached to the parents and should, in fact, get the aid. The student is a legal resident of New Jersey. If the student is younger than 18, then the rules regarding parents' legal residency should apply. I didn't follow the link, but from the comments, I gather that the law states that the parents must be legal residents of New Jersey. The law assumes that when the student applies for the funds, in most cases, the student is still under 18. I am guessing that the student will turn 18 before this gets much further. In this case, the student will have quite the convincing argument for the case.

I have very little sympathy for illegal immigrants. I am a natural born citizen, but because of my circumstances, even I had to follow procedure to get home. But, as I am a natural born citizen of non-citizen parents, I do have mixed feelings on the question of the anchor babies. They are legal citizens, but they can not exercise many of their rights until they turn 18. I disapprove of illegal parents using their citizen children to stay here. Still, even if you do deport the illegal parents and their anchor baby (ies), you can not stop those anchor babies from returning at some point.

 

[Dont Taz Me Bro]

What I'm wondering is this. If the student is by now over 18, that student is no longer legally attached to the parents and should, in fact, get the aid. The student is a legal resident of New Jersey.

That's how I've been viewing this as well.

 

[Mad Scientist]

Wow, what a callous bigot you are. The child did nothing wrong; she was born in the U.S. and she is by law a U.S. Citizen who resides in N.J.

Really? I know a Japanese couple who came here for four years and had a child during that time who is not a U.S. citizen.

Explain that.

 

[WorldWatcher]

I don't know if it makes any difference, but I wonder how old is this student. My own experience makes me ask this question.

I was born in New York City of a Corsican father and Italian mother and lived there for 8 years. After that, I went with my parents to Canada, then Corsica. I had to go to the equivalent of high school in Italy because I fought with a few of the students in school in Corsica. I wanted my parents to send me to America, but they wouldn't approve. I even took a boat to Marseilles, went to the US Consulate there, presented the proof that I was a US Citizen and told them I wanted to get to get to America. They told me it would be difficult if my parents didn't approve and even if I did get there, my parents could come and get me. Once I turned 18, that was a different matter. In fact, that's how I got here. I had my proof of Citizenship, my admission letter from Loyola Chicago. I submitted that information and my travel documents came shortly after that.

What I'm wondering is this. If the student is by now over 18, that student is no longer legally attached to the parents and should, in fact, get the aid. The student is a legal resident of New Jersey. If the student is younger than 18, then the rules regarding parents' legal residency should apply. I didn't follow the link, but from the comments, I gather that the law states that the parents must be legal residents of New Jersey. The law assumes that when the student applies for the funds, in most cases, the student is still under 18. I am guessing that the student will turn 18 before this gets much further. In this case, the student will have quite the convincing argument for the case.

I have very little sympathy for illegal immigrants. I am a natural born citizen, but because of my circumstances, even I had to follow procedure to get home. But, as I am a natural born citizen of non-citizen parents, I do have mixed feelings on the question of the anchor babies. They are legal citizens, but they can not exercise many of their rights until they turn 18. I disapprove of illegal parents using their citizen children to stay here. Still, even if you do deport the illegal parents and their anchor baby (ies), you can not stop those anchor babies from returning at some point.

Sorry, I've got two children in college right now. The magic age is not "18" typically it's "24". Even though the student may have passed their 18th birthday, they are still - for college tuition purposes - considered to be the dependent of the parents. Ask any parent that has to fill out FASFA forms and tuition aid/loan applications. There are some cases where where the legal age of dependency - for tuition purposes - can be severed: Orphan, court ordered independant student status, the individual over 18 is legally married and cannot be claimed by a parent for tax purposes, etc.

Independent Student
A student who meets one or more of the following criteria: is at least 24 years old by December 31 of the financial-aid award year; is an orphan or ward of the court; is serving on active duty in the Armed Forces for purposes other than training; is a veteran of the U.S. Armed Forces; is a graduate or professional student; is a married person; has legal dependents other than a spouse; is a student for whom the school’s financial-aid administrator determines and documents the student’s independent-student status based on the administrator’s professional judgment of the student’s unusual circumstances. HESAA - Financial Aid Definitions

I am 19 and I do not live with my parents—do I need to use their income?
In general, a student under the age of 24 is considered “dependent” and must use parental income on the FAFSA, unless he or she can answer “yes” to one of the dependency questions on the FAFSA. This is regardless of where the student lives or if the student does not receive financial support from his or her parents. However, if you feel you have unusual circumstances, please contact the Financial Aid Office and speak with a representative to discuss your situation further. Rutgers: Office of Financial Aid'​

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[chanel]

Exactly. She can apply for emancipation due to "her circumstances" and then let the FAFSA board make a determination. But right now she is being held to the same rules as any other American kid.

Why doesn't the ACLU hook her up with la Raza or some other racist organization that could provide her with a scholarship? Perhaps the bleeding hearts on here will open their checkbooks. Although we don't know her name, I'm sure ACLU NJ would gladly accept a donation on her behalf.

Of course it's not really about the kid. It's about amnesty and stealing from the citizens of NJ, whom they seem to hold in such contempt.

NJ is broke. Gravy train is over. Don't like it? Move to L.A.

 

[jillian]

Seems like a good time to deport the illegal alien criminal parents. Might as well take the anchor baby with them too.

anyone born here is a citizen.

you sure your grandparents, great grandparents, etc came here "legally"?

maybe we should look into YOUR background.

what say you?

 

[WorldWatcher]

Exactly. She can apply for emancipation due to "her circumstances" and then let the FAFSA board make a determination. But right now she is being held to the same rules as any other American kid.

Why doesn't the ACLU hook her up with la Raza or some other racist organization that could provide her with a scholarship? Perhaps the bleeding hearts on here will open their checkbooks. Although we don't know her name, I'm sure ACLU NJ would gladly accept a donation on her behalf.

Of course it's not really about the kid. It's about amnesty and stealing from the citizens of NJ, whom they seem to hold in such contempt.

NJ is broke. Gravy train is over. Don't like it? Move to L.A.

Or the student can find another citizen in the same situation (Illegal Alien parents) and can get "marrired". Doing so takes them out of a dependency status.

"If that same 18-year-old made a pact with one of her classmates to get "married-on-paper," the couple's income -- not their parents' income -- would be the metric that financial aid offices consider. As college freshmen, their combined household income, stemming from part-time work and summer jobs, would probably be less than $10,000 to $15,000 per year. This classifies them as at or near poverty level and renders them eligible for premium financial aid packages.

While it's illegal to marry someone for the purpose of obtaining U.S. citizenship, it is perfectly legal to marry someone for the purpose of obtaining college financial aid or gaining in-state tuition residency, according to WalletPop. http://money.msn.com/saving-money-tips/post.aspx?post=c6ba29a7-428d-4562-bae8-0d3290b3b409"​

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