McDonough threatens federal suit over in-state tuition

ANNAPOLIS — A state lawmaker said Thursday that Maryland has become a haven for illegal immigrants, and he plans to go to federal court to change that.

Del. Patrick McDonough, R-Baltimore County, said he is consulting with two national legal foundations to overturn legislation passed this week that would grant illegal immigrants in-state tuition rates at Maryland’s public universities. He has not decided yet whether he will file one or multiple lawsuits, but expects they will be filed in federal court.

Maryland has become “a Disneyland for illegal immigrants,” McDonough said.

The bill McDonough is challenging was approved by the General Assembly on Monday, and Gov. Martin O’Malley has said he would sign the measure into law.

The bill allows illegal immigrants to pay in-state tuition if they complete two years at a community college and can show that their parents paid state taxes for at least three years before they graduated high school.

Maryland is set to become the 11th state that grants in-state tuition rates, although many other states have been going the other direction, eyeing laws that would crack down on illegal immigration.

McDonough led an effort to sue Montgomery College for its longstanding policy of providing county tuition rates to all recent county public school graduates, regardless of immigration status.

CASA de Maryland, an immigrant service group in the Washington suburbs, worked hard this session to pass the bill, shipping in dozens of immigrant students easily identified by their black shirts as they worked the halls of the State House and the legislative office buildings.

“There have been legal challenges filed across the country and they’ve been utterly unsuccessful,” said Kim Propeack, CASA political director.

McDonough said he plans to meet with Judicial Watch and another, unnamed, national legal group to discuss strategies.

More recently, Judicial Watch sent a letter to the County College of Morris in New Jersey, challenging its tuition policy for illegal immigrants. The college wrote in a response letter that it would re-evaluate that stance later this month, Judicial Watch wrote in a release Thursday.

“I wouldn’t be popping the champagne corks over there at CASA just yet,” McDonough said.

One of the lead sponsors of the bill, Sen. Victor Ramirez, D-Prince George’s, said he doesn’t have time to address every attack, including the most recent volley from McDonough.

“He has too much time on his hands,” Ramirez said. “He needs to go help feed the hungry or the homeless in his community.”