Virginia Governor Fails to See a Difference between Legal and Illegal Residence

800px-terry-McAulifeVirginia legislators have filed a bill to reverse a ruling by the state’s Attorney General granting DACA amnesty recipient’s access to in-state tuition. The challenged ruling treats the illegal alien residents as if they were legal residents of the state. That ruling ignores that the illegal aliens have neither  valid immigrant status (“green card”) or  valid nonimmigrant status (F-1 foreign student visa).

As reported in the Washington Post, Virginia’s Governor McAuliffe would likely veto the bill if it were to be approved by the legislature because he, “believes that Virginia children who were brought here at a young age, grew up here and have stayed out of trouble should have access to the same educational opportunities as everyone else.”

The implication of that position is that the governor fails to see a difference between those who enter the country legally and those who do not. That is a mindset that treats restrictions on the entry of immigrants as illegitimate. It is an open-borders mentality. Yet Governor McAuliffe has yet to proclaim that he sees no legal distinctions between those who reside within Virginia’s boundaries and those who reside in other states. If he were to reach that position he would stop charging out-of-state tuition in the state’s schools to residents of other states.

In that regard, current federal law does not bar Virginia from admitting illegal aliens at in-state tuition rates, but it does say that if the state opts to do so, it then must apply the same tuition rate to residents of other states who enroll in the Virginia schools. But the Obama administration has taken no action to uphold that law.

About Author


Jack, who joined FAIR’s National Board of Advisors in 2017, is a retired U.S. diplomat with consular experience. He has testified before the U.S. Congress, U.S. Civil Rights Commission, and U.S. Commission on Immigration Reform and has authored studies of immigration issues. His national and international print, TV, and talk radio experience is extensive (including in Spanish).


  1. avatar

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  2. avatar

    Unbelievable if an EDUCATED Governor can’t see a different between legal and illegal immigrants.

  3. avatar

    IF Gov.McAuliffe doesn’t know the difference between legal and illegal he doesn’t deserve to be governor of the beautiful state of Virginia OR ANY OTHER POLITIAL POSITION!!!!!!!!!!!! Think how the other LEGAL immigrants who did it all the RIGHT way feel and are truly Americans..God bless them….WHEN ARE THE POLITIANS WHO ARE STRICKLY IN IT FOR THE $$$$$$$$$ AND NOT FOR THE BENEFIT OF OUR COUNTRY .ANY DIRTY TRICK TO GET VOTES . Please explain to me Gov.McAuliffe why do you and SOME of our elected officials feel it is YOUR right to reward people who have broken the LAW!!!! BROKEN THE LAW!!!!!. Have you ever sat in schools usually lower grades and watched teachers TRY to teach children who do NOT understand english. while children who DO understand english sit and wait. This type of action Gov. affects our entire nation. We are supposed to learn to speak spanish so these people WHO BROKE THE LAW can be under stood. If you elected officials would have done your job we wouldn’t have this mess.. Well Sir we all know YOU CAN’T FIX STUPID!!!!!!!

  4. avatar

    What do we expect from our politicians. Talk a good talk, leave out details during campaigning, fail to tell just where he stands at and assume he knows best and failure to care what the people want. In other words I believe it was Joe Wilson who said to Obama YOU LIE.

  5. avatar

    “The Truth” is what deception always pretends to be. It is (and was) The Statue of Liberty. It was never called “The Statue of Immigration.” The GOP pushes mass immigration because it wants cheap labor. The Democrats want to build their electorate. Ethnic advocacy groups want to build their constituencies. And in the meanwhile, the American nation and culture as we knew them are being steadily deconstructed. They will be replaced, by all appearances, by a Third World socialist police state. For various reasons, most stemming from ignorance or malevolence, people like “The Truth” refuse to see this. It is a self-imposed blindness, based on ethnocentrism, misguided altruism, etc.

    Once America is ruined, she will stay that way.

    • avatar

      Correct. It’s real name is Liberty Enlightening The World and was meant to solidify French-American relations. Even though Emma Lazarus wrote her poem around the time it was erected, it was little known for years. The poem was only attached to the pedestal in 1903, many years after the opening in 1886.

  6. avatar

    Terry McAuliffe suffered more than fluid in his lungs when he fell off that horse in Africa–he must have hit his ignorant liberal head, for he does not know either the Constitution or right from wrong. What an idiot!

    • avatar

      If the children are disadvantaged by what their parents did by bringing them here illegally, then let them place the burden of the remedy on THE PARENTS’ shoulders. NOT OURS. If the parents can’t pay out-of-state tuition, let them send their darlings back to the home country to receive their college education.

    • avatar

      Aren’t we blessed, …. with all these elected Idiots… note all of them are not in Washington.

  7. avatar

    I am black abd we are not suppose to be too smart according to many, but I am not so ignorant that I don’t know the difference between a legal and illegal residence. The electorate should should tar and feather this governor.

    • avatar

      Honey, Do NOT down you’re self like that, I am white and I know plenty of black people who are way smarter then most whits I know, And I agree with the other half of you’re comment 100%, This nation is SCREWED and all you have to be is Hispanic to have EVERYTHING handed to you on a damn silver platter, It is NAUSEATING!!!!!!

    • avatar

      Petty nothing ignorant about you for you are absolutely correct, the ignorant one is McAuliffe!

  8. avatar

    If a child comes out of an illegal woman, the child is illegal. The mom is latino so the child is Latino. Is not the child’s
    fault? It is the mother’s fault because that was the intension to have a child here and then get the freebes.

    • avatar

      Amen…Any elected official who doesnt agree to that should have all his or her rights to vote or be able allowed to hold any position any seat or position that needs a vote to attain!

    • avatar

      Congress should immediately penalize fast food chains, local restaurants, construction companies, lawn services etc… that hire illegal aliens.

      How can a G.I. returning from war expect to get a job when it was inherited by “Jose”?

      Expecting illegals to self-select and depart on their own during these “jobless years” did not work… Illegals are tune-in to the ABC news and intend to stick around when the President offers ways to bump-up jobs nation-wide. All these areas where jobs surface are quickly filled in by Illegals first, in most cases.

      Todate, I have never met an illegal alien that was without a JOB.

      Health care would sound good to the average American , if they were employed. The only folk that seem employed are illegals; its no reason why they are all for the idea… with a JOB they can afford it !

      Other areas to cloak under the radar are illegals paying No taxes are Personal Taxi service and USA Boxing gyms.

      With a car and fake driver license and cell phone, these illegals perform Neighborhood barrio taxi service to their own communities (just like they do in their own home–including backyard Cock-fighting and betting’s)

      All the money they make is never reported ( Free money)…Uncle Sam is non-the-wise.

      Same for boxing gyms…Registering under the umbrella of USA Olympic Boxing is currently allowed. USA Boxing has benefits to send their kids to prestigious colleges , accelerated round-trip flights to participate in tournament events germain to US American-born kids , but because of the USA Boxing President , a vendor who sells boxing equipment world-wide (made in Pakistan), is focused in furthering sales to Russia, Mexico, and Cuba….all the rights of passage leadership positions are being inherited by illegals. This means the whole complextion of the USA boxing Olympic team of our future athletes will be predominately ILLEGALS…..

      Boxing clubs serve as self-defense schools in high-crime illegal alien neighborhoods; any fees are free money and unreported avoiding tax laws.

      US Olympic Boxing used to be the envy of the world because of the proprietary methods we teach.
      Just like the military, the US military does not teach the Russians what we hold as secrets;

      Likewise, USA Olympics should not share our secrets to Cuba, Mexico, Brazil; doing so dilutes our athletes and gives the enemy the edge. Allowing illegals into the country and compete, learns them the ELVIS PRESLY DANCE,
      How to fight and beat the Americans.

      Breaking the law is what these folk do best, they broke the first law “STOP at the BORDER”

      What would possess anyone to believe illegals would obey any other law posted throughout the US.

      Has anyone taken a pole on how many traffic accidents occurred to US citizens by illegals without a license insurance or just plain hit and run?

      Why should the only illegal working in a McDonalds eventually become the manager then hire only people that speaks his language? They have their own agenda to marry and water down the pure Americans.

  9. avatar

    McAuliffe, if you don’t know the difference between legal and Illegal on anything, then you are too stupid to be in elected office!

    You need to resign and apply to McDonalds Hamburgers!
    P.S. Don’t get my order wrong!.

    • avatar

      TexRancher, McCauliffe is not stupid. He’s a treacherous weasel and a cheat, but he’s smart enough to lie through his teeth and get elected governor of Virginia.

      McCauliffe ia well-schooled in political chicanery—he’s a Clintonista.

      Did he ever live in Va before becoming governor?

  10. avatar

    Here’s a question for this Governor; you own a movie theater, you find a family that snuck in without paying for their tickets, popcorn or drinks, (it’s thirty minutes into the movie). Do you throw them all out or do you let the kids stay because they’re there, “by no fault of their own”???

  11. avatar

    Sorry to say the bill failed to pass the Senate when one Republican joined the united Democrats causing the vote to fail by one vote.

    • avatar

      No sorry felt Jack…..Congress is a mess……….the Republicans have no majority,,,,the same thing NOW you will see the do nothing Republicans……..again.

        • avatar

          there is to read and there is to use your brains………ALL Republicans are a mess;therefore, what happen there is no surprise……….

  12. avatar

    Interesting. If illegals get an in-state rate then the same rate is supposed to apply to residents of other states, according to federal law. But this administration has “taken no action to uphold that law”. The only surprise there is that it’s no surprise. That part of the constitution that says the president “shall take care that the laws be faithfully executed” is pretty much regarded as optional by this president.

    • avatar

      Leland this is new to you and to Jack………….this has been this way for the past 20 years+………………no differently from the 2008 financial fiasco…..SO this Governor HAS IT STRAiGHT!!

      • avatar

        “We didn’t raise the Statue of Liberty with her back to the world, we did it with her light shining as a beacon to the world. And whether we were Irish or Italians or Germans crossing the Atlantic, or Japanese or Chinese crossing the Pacific; whether we crossed the Rio Grande or flew here from all over the world — generations of immigrants have made this country into what it is. It’s what makes us special.”

        — President Obama, November 21, 2014

        • avatar

          People that came here legally for generations. People coming here illegally are not immigrants but illegal aliens. Many come here for the freebies and milk the system. Fact: About 17% of the US population is Hispanic. About 33% of those receiving housing assistance are Hispanic.

          • avatar

            JB people came here for generations….JB illegal Alinesare more hard working people than you….and for generations people have been stayinf and coming j=here illegally silly boy!

        • avatar

          As JB points out, the comparison to now and past generations is apples and oranges. The Statue of Liberty was erected when there were no massive government assistance programs. The people that came then made it on their own and they knew that was the situation when they left their home countries. THAT took a lot of courage.

          It takes no courage to come here illegally and know that states like California are going to give you every welfare program and hand the bill to their taxpayers. If you want to talk history, you need to learn some.

          • avatar

            Well Leland…then change that………………………….most immigrants work harder than you

          • avatar

            The untruth is ignoring the point of what he posted about the Statue of Liberty. But he always does. The fact is that there were no welfare programs back then. So that little speech from the president has no relevance to today.

          • avatar

            Leland do the math….ONLY US citizens and legal residents get the Welfare NO illegals so we created that mess…… it now….use your brains…..educate yourself…..stop believing like a monkey what you read……dig into ir…….be a real American……if you can.

        • avatar

          This is the kind of empty statement Obama is well known for. In the 1800s during Americas biggest periods of mass immigration, european migrants were welcomed as America had a lot of empty territory and not enough population to occupy it and make it productive, or as one writer put it “we were once a land hungry for people, now we have people hungry for land”. Not only that, those brave migrants came here facing an uncertain future at best, and many died in the process. The majority of them worked very hard and created opportunities for themselves and the following generations. Now that type of mass migration is not even legal, yet it’s still happening every day. Illegal immigrants can come running to an obvious safety net with minimal personal risk, and the very real opportunity to abuse a well meaning yet poorly conceived system. The issue is compounded by the fact that most new immigrants, legal or illegal, tend not to respect existing American culture and laws, yet instead attempt to create a private enclave where their original customs and practices are observed. In short, the problem is less about immigration and more about assimilation.

          • avatar

            Welcomed…HAHAHA!!!..maybe in your mind……………..times have not changed…….the italians, the chinese, the Irish etc etc they were all discriminated…..

  13. avatar

    Why don’t some hungry attorneys or law firms get some class action suits going on behalf of out of state students who pay out of state tuition? The law is on their side when the illegals get in state tuition.