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Contested bill to remove in‑state tuition for students who worked while undocumented fails in House

Utah House of Representatives · February 25, 2009
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Summary

After extended debate on both legal and humanitarian grounds, House Bill 208 — which would have required students to sign they had not been gainfully employed in Utah and revoked in‑state tuition if they were later found to have worked — failed on final tally, 34–40.

Representative Richard Greenwood introduced House Bill 208 as a bill to modify the exemption from nonresident tuition by requiring students to sign at enrollment that they had not been gainfully employed in Utah during the calendar year; if a student signed and was later found to have worked, they would lose in‑state tuition eligibility.

Sponsor rationale and details: Representative Greenwood said the bill was prompted by news reports and his law‑enforcement background; he noted potential criminal exposure if undocumented students were working (forgery or falsifying Social Security documents, perjury on I‑9 forms). He described the procedure as an enrollment attestation that could lead to loss of in‑state tuition if false.

Opposition and personal testimony: Representative Lipbank and others urged defeat, saying the bill would prevent roughly 200 current students from attending college and read personal stories of affected students who had volunteered and sought education despite difficult circumstances. Opponents highlighted fiscal and moral consequences, and said charitable funding previously available ($2,000 per student for 29 students in one program) is insufficient in the current economy. Several members called for alternative, non‑punitive approaches and better avenues to lawful employment or aid.

Pro‑bill comments and law‑and‑order framing: Supporters including Representative Sandstrom framed the proposal as enforcing the law and preventing felony conduct tied to fraudulent employment documentation; Representative Hunsaker and others stressed rule‑of‑law concerns and potential identity‑theft harms.

Procedure and outcome: Debate concluded after a successful motion for previous question to end debate. Voting closed on HB208; the bill failed to pass the House with 34 yes and 40 no, and was transferred to staff for filing.