by Dick Hall-Sizemore

The 2021 General Assembly passed legislation that made students who fall into the “DACA” category (Deferred Action for Childhood Arrivals), sometimes called the “Dreamers,” eligible for in-state tuition at Virginia institutions of higher education.

To be eligible for in-state tuition regardless of citizenship or immigration status, an applying student must have:

  1. Attended high school in Virginia for at least two years;
  2. Graduated from high school on or after July 1, 2008; and
  3. Filed Virginia income tax returns ( by the student or parents) for at least two years prior to the college application date.

Out of the funding provided for financial aid to students in higher education institutions in the budget bill it adopted, the General Assembly earmarked $5 million each year for DACA students.

Governor Youngkin submitted a budget amendment that “redirected” that funding to financial assistance for students attending Virginia’s Historically Black Colleges and Universities (HBCUs). Those institutions would be Virginia State in Petersburg and Norfolk State in Norfolk.

Predictably, there was heated debate over this amendment. In the House, Del. Alfonso Lopez , D-Arlington, perhaps the strongest and most emotional advocate for DACA students in the House, asked Del. Barry Knight, R-Virginia Beach, chairman of the House Appropriations Committee and the floor manager of the Governor’s proposed amendments, why two high-need groups of students should be pitted against each other. Knight, in a somewhat awkward moment, replied that the amendment was the Governor’s and he supposed that in deciding which group to favor, the Governor chose the HBCUs. (The exchange can be seen here, at the 1:48 mark.) The House agreed to the amendment, 49-45, on a party line vote.

Del. Alfonso Lopez (D-Arlington) Photo credit: Arlington Now
Del. Barry Knight (R-Virginia Beach) Photo credit: Washington Times

In the Senate, two Democrats, along with all the Republicans, supported the amendment, enabling it to pass, 21-19. The Democratic defectors were Joe Morrissey, whose district includes Petersburg, home of Virginia State University, and Lionell Spruill of Chesapeake. In explaining his vote, Morrissey said that he had talked to many Virginia State students who had told him that they would not have been able to attend college without financial assistance and, therefore, he was supporting Petersburg and Virginia State. It may be just a coincidence, but Morrissey, whose new district resulting from the 2021 redistricting does not include Petersburg, has announced that he plans to move so that he can continue to represent Petersburg. If he follows up on that plan, he would be running against former Delegate Lashrecse Aird in a primary election.

Sen. Joe Morrissey, (D-Richmond) Photo credit: Washington Post
Sen. Lionell Spruill (D-Chesapeake) Photo credit: Newsweek

No matter what one thinks of Lionell Spruill, it must be admitted that he is direct. In his remarks regarding the amendment, he made no bones about his unqualified support of HBCUs. He related how an HBCU (Norfolk State) took a chance on a “poor boy” (him) and, in return, he will always support them. He wholeheartedly embraced the maxim, “Help my folks first.”

My Soapbox

This was a mean-spirited amendment. As several Democrats pointed out, there was enough revenue available to help both high-need groups. Instead, the Governor deliberately chose to cancel funding intended to help DACA students and provide it to HBCUs, although those institutions had already received additional funding in other amendments. It was a political move intended to give a nod to one portion of his base and shore up his bona fides with the Black community, possibly in anticipation of his national ambitions.

One of the ironies of this situation is, as Del. Alfonso pointed out, DACA students are guaranteed by law to “the same educational benefits, including access to financial assistance programs … as any other individual who is eligible for in-state tuition.” Thus, without the earmarked pot of money, DACA students will be in more direct competition for financial aid available to all students. It is likely that some non-DACA students who were on the margins of qualifying for financial aid, and would have gotten some otherwise, will lose out to DACA students who are more needy.


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44 responses to “A Mean-Spirited Amendment”

  1. Eric the half a troll Avatar
    Eric the half a troll

    “It is likely that some non-DACA students who were on the margins of qualifying for financial aid, and would have gotten some otherwise, will lose out to DACA students who are more needy.”

    Rest assured each and every one will be covered extensively here on BR…

    1. Nancy Naive Avatar
      Nancy Naive

      Assuming that it is somehow, anyhow, driven on a merit system first, only one such event will happen… the fight for last place.

  2. LarrytheG Avatar
    LarrytheG

    DACA represents continuing strong Conservative attitudes towards the immigration issue in general IMHO.

    One would think that DACA could be a starting point for compromise since DACA folks are here by circumstances beyond their own doing and really this IS their home.

    In times past, it would be no contest to grant DACA folks citizenship but today, it’s a non-starter.

    Morrisey and Spruill had a chance to stand up for BOTH and instead rewarded the hard-core which apparently includes Youngkin.

    Youngkin is, as we speak, building his credentials for national office.

    I give him credit. He knows what he is doing, clearly.

    1. James McCarthy Avatar
      James McCarthy

      DACA is neither in the Constitution nor in the compromise set of political virtues.

      1. LarrytheG Avatar
        LarrytheG

        I’m the first to admit I do not understand exactly how the Constitution and Laws work (or not).

        For instance, it appears that some laws passed can be found to be not Constitutional later after challenge and apparently so even for some things that are not actually in the Constitution.

        So that’s where immigration and related issues seems to be – which I admit I don’t know all the dimensions or history.

  3. Stephen Haner Avatar
    Stephen Haner

    Given the billions in reserves, not quite sure why one group was pitted against the other over a lousy $5 million. But one group represents registered voters and the other not so much. As a former SCHEV member who pushed to give the DACA students in-state status, let me add this: The state’s pot of scholarship money should just be there for those who need it, and carving it into special funds to pander to special groups was stupid to begin with and set up this situation. Earmarks have risks.

  4. Virginia Gentleman Avatar
    Virginia Gentleman

    Good article Dick … thanks for sharing.

  5. Hmmmm…… supporting citizens over non-citizens. What a novel idea.

    1. James McCarthy Avatar
      James McCarthy

      Yeah, having laws permitting immigration, disfavoring native born population growth, for non-citizens is just crazy.

      1. LarrytheG Avatar
        LarrytheG

        thus the “tell” for folks who claim to be Conservative and Libertarian.

      2. vicnicholls Avatar
        vicnicholls

        It disfavors *legal* immigrants. I know a load of them, they bring honor and glory to this country. I will NOT EVER stop being a voice for them and the positives they bring this country for their work and sacrifice in being here.

  6. Donald Smith Avatar
    Donald Smith

    “As several Democrats pointed out, there was enough revenue available to help both high-need groups.”

    What revenue would you have redirected, to meet the needs of both groups?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      The Appropriations Act for 2022-2024 shows an ending balance of over $15 million. In addition, hundreds of millions were placed in a discretionary reserve fund, in addition to the required deposits into the rainy day fund. The money was there. No revenue needed to be “redirected”.

  7. Nancy Naive Avatar
    Nancy Naive

    Just when you think they can go no lower, they dig just a little deeper.

    When I was a cruel child, we would tie two baits with a long string and toss them to the seagulls on the fishing pier. It was a source of amusement to watch the birds try flying tethered to one another. Eventually, one would cough up his prize and end the fight. The winner, of course, would lose in the days ahead with a blocked gut.

    Meh, seagulls, who cares? More where they came from, eh?

    Hey! This is EXACTLY like this amendment.

    Meh, seagulls, who cares? More where they came from, eh?

    1. James Wyatt Whitehead Avatar
      James Wyatt Whitehead

      There are plenty of back door tricks to get a “Dreamer” in state tuition at any NVCC campus. It takes a little persistence and figuring out how to get some one-on-one time with the director of admissions. I cannot recall an instance where I failed to help a former student achieve this.

      1. Nancy Naive Avatar
        Nancy Naive

        Back door? Isn’t that how they are always expected to enter? This was a front door.

        1. James Wyatt Whitehead Avatar
          James Wyatt Whitehead

          Back doors work better. Making the most of the opportunity and demonstrating gratuity are the only requirements.

        2. Eric the half a troll Avatar
          Eric the half a troll

          The front door is for “real people”…

    2. LarrytheG Avatar
      LarrytheG

      where were your parents! geeze…

      1. Nancy Naive Avatar
        Nancy Naive

        It was my friend’s father what taught to us.

    3. Eric the half a troll Avatar
      Eric the half a troll

      Wow… and to think I swore off hunting and firearms because of the guilt I felt from once shooting a common sparrow with a pellet gun.

      1. Nancy Naive Avatar
        Nancy Naive

        It was an illustrative example of cruelty subjected by morally superior beings on those they view as inferior… just like Youngkin.

  8. Nancy Naive Avatar
    Nancy Naive

    BTW, are those the only criteria for in-state eligibility? They seem to preclude someone who moves to Virginia after high school and who has been working, paying taxes, and living independently. What of “adult continuing education” students? The “and” is highly restrictive.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      There is a Code section that has been on the books for awhile that covers citizens. To qualify for in-state tuition, one has to have established his domicile for at least a year in the Commonwealth. The statue I linked to is the one that applies regardless of citizenship status. It seems to me that it could be read to everyone, including citizens.

  9. James C. Sherlock Avatar
    James C. Sherlock

    When government picks winners and losers by race and national origin, the losers always have a legitimate gripe – a constitutional equal protections complaint.

    The General Assembly and the Governor should have considered the classic reasons for scholarships – merit and need – and allocated whatever money was available for this expenditure on those criteria.

    As soon as there are interest groups rewarded and penalized as part of a racial and national origin spoils system, the government is out of bounds.

    Consider the fate of the debt forgiveness set asides for Black farmers passed by Congress and signed by President Biden in 2021. A lower court blocked the program and the Justice Department, in a very unusual move, passed up the chance to appeal. That decision was made because they anticipated that a loss in the Supreme Court would jeopardize many other federal programs with racial set asides.

    “It is probably a good idea not to appeal it,” said Lloyd Wright, former director of the USDA’s Civil Rights Office. He said new criteria for which farmers qualify for debt relief could get the funds flowing soon.”

    “Our coalition has offered a definition that removes race from the class of farmers that would receive debt relief and direct payments,” Wright added. “Our proposal has received broad support from the Black community.”

    I advocate for government support to education and healthcare for the poor pretty much every week, but I do not recommend racial criteria for such support. It is not the right way to go about it, because it jeopardizes broad support and risks successful challenges in court.

    I recommend that in the future the Governor and the General Assembly follow Mr. Wright’s lead and, like the case of the Black farmers, remove race from the targets for expenditures. By failing to do so, they risk the very programs that they support.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      The financial aid in that pot set aside for DACA would have still been awarded based on merit and need.

      It sounds as if you do not think HBCUs should be accorded special consideration.

      1. LarrytheG Avatar
        LarrytheG

        Good point. Yes, HBCUs have special consideration apparently because enough people feel they were systemically discriminated against and now deserve special considerations.

    2. LarrytheG Avatar
      LarrytheG

      Those black farmers were ORIGINALLY discriminated against on the basis of RACE.

      How do the people who had their land taken away from them get justice?

      https://uploads.disquscdn.com/images/a66e346e6aed48180f5c83ee4d05fd0332fb3379d8833eaf4764823c62808b0a.jpg

      https://en.wikipedia.org/wiki/Pigford_v._Glickman#:~:text=Many%20black%20farmers%20lost%20their,94%25%20decline%20among%20all%20groups.

      re: ” I recommend that in the future the Governor and the General Assembly follow Mr. Wright’s lead and, like the Black farmers, remove race from the targets for expenditures. By failing to do so, they risk the very programs that they support.”

      so how do you prove you were discriminated against by the USDA without showing why or how?

      It’s almost like we cannot admit or refuse to, that there actually was discrimination based explicitly on race that DID cause lasting and generational economic damage to people.

  10. Stephen Haner Avatar
    Stephen Haner

    Given the billions in reserves, not quite sure why one group was pitted against the other over a lousy $5 million. But one group represents registered voters and the other not so much. As a former SCHEV member who pushed to give the DACA students in-state status, let me add this: The state’s pot of scholarship money should just be there for those who need it, and carving it into special funds to pander to special groups was stupid to begin with and set up this situation. Live by the earmark, die by the earmark.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I agree with you that the scholarship pot should be there for those who need it. Earmarking some of it just puts a bull-eye on it. Instead of earmarking, just make sure the pot is big enough.

      By the way, I just got around to finishing my search for the origin of this amendment. I knew that it was not in Northam’s introduced bill. I assumed that it arose in the Senate, but I could not find it. My assumption was wrong–it originally came from the House Appropriations Committee! https://budget.lis.virginia.gov/amendment/2022/1/HB30/Introduced/CA/142/5h/ So Youngkin scuttled a Republican initiative and the House Republicans went along with the scutttling.

      1. LarrytheG Avatar
        LarrytheG

        Disappointed in Youngkin. He had an opportunity to prove his good intentions to not be “divisive” and instead showed otherwise.

        too bad.

      2. The funding was actually included in Gov. Northam’s outgoing budget. Here is the budget document – http://publicreports.dpb.virginia.gov/rdPage.aspx?rdReport=BDoc2022_Agency&iptAgency=245&rdAgReset=True
        And from the actual Northam’s outgoing budget bill – K. Out of this appropriation, $8,000,000 the first year and $8,800,000 the second year from the general fund is designated for students eligible for state need-based financial aid pursuant to § 23.1-505.1 of the Code of Virginia.

        The amendment you cite was the House’s amendment reducing the amount to reflect updated projections on the potential number of students eligible.

  11. LesGabriel Avatar
    LesGabriel

    Being ignored is the fact that the DACA program was ruled unlawful in July 2021 and appeals are still going forward, the latest of which will be heard next Tuesday, July 6. The administrative program only provided temporary protection from deportation and for work permits. It did not, and could not, provide for participation in state or federal programs designed for citizens.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      You are correct. However, the federal court’s ruling on the DACA program does not prevent a state from extending in-state tuition to the persons without regard for this immigration status.

      1. LesGabriel Avatar
        LesGabriel

        Understood. The reason I replied was it seems that some people might have been under the impression that the DACA program itself provided that temporary DACA recipients were to be treated as U.S. citizens.

  12. vicnicholls Avatar
    vicnicholls

    Dick I flat out owe NOTHING to criminals. NONE. I want and have advocated for Americans to be helped. I am very very proud of Gov. Youngkin for putting money back to helping our own folks. African Americans, Hispanic Americans, those legally here, get help first. End of discussion. I’m not paying for every one and his brother. I shouldn’t have to be where I can’t pay for needs when thousands of criminals get the $$$. Its wrong. I’ve gone up against Lopez before and I’ll do it again. If you or any one else wants to support them AFTER you pay to help your fellow Americans, go for it. Do NOT require us to do so.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I gather that you think that people brought to the United States as children when their parents illegally entered this country are criminals. That is a pretty harsh position. Is this a version of “the sins of the fathers being visited upon the sons”? However, maybe we should follow the words of Ezekiel 18:20: “The son shall not suffer for the iniquity of the father.”

      1. vicnicholls Avatar
        vicnicholls

        You got it. The word is “illegal”. What you and others forget is the ONLY reason that part of the constitution was done was for the former enslaved/African American folks. Stop rewarding illegal behavior.

  13. Lefty665 Avatar
    Lefty665

    Why is Virginia Union University in Richmond not included as a Virginia HBCU?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Virginia Union and Hampton University are HBCUs, but, because they are private schools, they do not receive state appropriations for financial assistance to students. However, under the state TAG program, Virginia residents who attend Virginia Union or Hampton University are eligible for tuition assistance grants.

  14. Richard Smith Avatar
    Richard Smith

    How about all these folk get off the public dole and pay there own way.. it’s enough that we provide them with free k thru 12, not to mention free breakfast and lunch..

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      If you had read my post, you would realize that the DACA student or his parents must have filed state income tax forms for at least two years before applying for in-state tuition. In addition to those income taxes, they have been paying state and local sales taxes for stuff they buy. In sum, they have been contributing to the public treasury.

      Furthermore, they are not getting a free college education. They are subject to the same in-state tuition and fees that other Virginia residents must pay. If they qualify, under the same criteria as everyone else has to, for financial assistance, they will have to pay the tuition that remains after the financial assistance is taken into account. In summary, they are “paying their own way”. Perhaps, however, you would prefer that there be no financial assistance for anyone and that every student be required to pay his own way, thereby making higher education accessible only to children from upper-middle class and upper class families.

      1. vicnicholls Avatar
        vicnicholls

        Another strawman argument. Why should any one who came here illegally get to slap the face of legal immigrants? I’ve seen what they have to go through. Why should a couple who have been here almost 15 years LEGALLY, paying taxes, no crimes, working in science fields, contributing to America, end up going back home to their country because they can’t get VISA’s and get slapped in the face with DACA’s getting rights?

    2. vicnicholls Avatar
      vicnicholls

      Shouldn’t even give free education. Since abortion at any stage is something the Chinese govt. does, and that’s what progressives want, they also do not provide education to these kids. https://thediplomat.com/2015/03/chinas-hidden-children/ So since progressives want to have the same abortion rights as China, lets do the same thing for education then.

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