Candidates to Regents: 'Follow law'
by Jon Gillooly
jgillooly@mdjonline.com
June 23, 2010 12:00 AM | 2679 views | 26 26 comments | 18 18 recommendations | email to a friend | print
Sam Olens at Candidate Forum
Sam Olens at Candidate Forum
Rob Teihlet at Candidate Forum
Rob Teihlet at Candidate Forum
Max Wood at Candidate Forum
Max Wood at Candidate Forum
From left: Southern Polytechnic State University student Anthony Kinnel of Powder Springs, SPSU's NAACP chapter president Lauren Bond of Atlanta, April McManus of Marietta and Jennifer Turner of Woodstock, president of the SPSU Rho Zeta Omega chapter of the Alpha Kappa Alpha sorority, greet former Cobb county commission chairman Sam Olens at the Joe Mack Wilson Student Center at SPSU on Tuesday evening before a candidate forum for the office of the State Attorney General of Georgia.  <br>Photo by Mike Jacoby
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MARIETTA - Forget the debate about whether to charge illegal immigrants in-state or out-of-state college tuition. Four of the five candidates vying to be Georgia's next attorney general say illegal immigrants should not be attending a public Georgia university at all.

The Journal caught up with the candidates at Southern Polytechnic State University, where they engaged in a debate Tuesday night.

Republican Sam Olens said Georgia law bars illegal immigrants from attending public universities.

"Absent a student visa, they should not be attending such institutions," he said.

Olens called on the Georgia Board of Regents, the body that governs Georgia's colleges and universities, to "immediately follow the law. Illegal immigrants have no right to attend the universities."

Olens said it is not acceptable to allow illegal immigrants to attend state universities even if they pay the higher out of state tuition rate.

"No. Illegal immigrants are not entitled to attend state universities, period," Olens said.

State Rep. Rob Teilhet (D-Smyrna) also believes Georgia law bars illegal immigrants from attending Georgia universities.

"In my opinion it does. Now, a similar federal law has been interpreted to mean they can attend, but just not receive student aid, but I don't agree with that interpretation. I think a public benefit includes public universities," Teilhet said.

If that's at all unclear, the Legislature needs to take steps to clarify the matter, he said.

"I think attendance at a public university is a public benefit and we said in the Legislature that illegal immigrants won't receive public benefits in the state of Georgia. Attendance at a university in my mind is clearly a public benefit that would be prohibitive," Teilhet said.

Teilhet noted that as a member of the General Assembly, he has consistently supported legislation to deny public benefits to illegal immigrants.

"While I do not believe that Georgia's law in this area is ambiguous, I would support attempts to clarify and strengthen it," he said.

Teilhet also took a jab at the Cobb Commission.

"It is also a violation of Georgia law to use illegal labor on public construction projects, which was recently discovered to be happening on Cobb County's new courthouse. To date, no penalties have been paid by the parties involved and no investigation has been initiated to get to the bottom of how this was allowed to happen," Teilhet said.

Republican Max Wood, a former U.S. attorney for the Middle District of Georgia, said it's his understanding of the law that illegal immigrants should not be attending Georgia schools either.

Wood said as attorney general he would use the position as a bully pulpit to push for some type of Arizona type law. Also, increasing the prosecution of crimes related to obtaining false documents, as he intends to do, would impact the illegal immigration population.

"We've got to quit rewarding improper behavior. If they have broken the law and they're in this country illegally except for essential medical services to help them live, they should not be allowed to have any social services," he said.

The problem at the federal level, Wood said, is that every congressman has a constituent group in their district that has an interest in open borders.

"If you're in South Georgia, you've got the agriculture interest. If you're in metro Atlanta, you have the construction industry or hotel/motel tourism industry. They want that cheap labor. We've got to realize our sovereignty as a country is more important than getting cheap food on the table or getting cheap garments on our back, and until we have the maturity as a country to recognize that, we're running the risk of losing everything. Look at what's happening in Europe," Wood said.

Attorney general candidate state Sen. Preston Smith (R-Rome) was absent from Tuesday's debate, but responded to questions from the Journal earlier in the day. The fifth candidate, Democrat Ken Hodges of Atlanta, a former district attorney, was also absent and did not respond to calls and emails for comment.

Smith said it has never made sense for the Board of Regents to allow an in-state tuition break to someone who asserts they are a "legal Georgia resident" when they are not even in the United States legally.

"Why should our public institutions officially welcome people to enroll who are fugitives from the United States Immigration service? Talk about government inefficiency where left hand doesn't know what the right hand is doing," Smith said.

The federal government isn't serious about securing the borders and protecting citizens if the people it is supposed to be looking for are hiding in plain sight and registering with official state institutions, he said.

Smith asked why any Georgia resident should be told that universities are full when there are students enrolled who are in the country illegally.

"This problem is not merely solved by asking an illegal alien to pay out-of-state tuition rates. In addition to the tuition dollars, our public colleges and universities are subsidized with taxpayer funds and should be available to people who are legal citizens," he said.

"Certainly if a court rules that Georgia law allows illegal immigrants to attend public universities, then the Legislature should pass a law to clarify that they should not. As attorney general, I will work to always ensure that our immigration laws are enforced and that our public colleges and universities are available to our own citizens," Smith said.
Comments
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throck
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March 01, 2012
I read some of the posts, and it appears some people feel that if you make it past the border states, you somehow are entitled to all the benefits of citizenship. Thousands of Americans die at the hands of illegals each year, yet laws enacted at the state level to protect citizens are in some way misguided, some say. I do not fault the illegals for trying to make a better life, but the administration for non-enforcement of existing law, and opposing states' efforts to legally protect citizens.
wndrsprmom
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July 14, 2010
"el paso" is missquoting - his must come from a liberal blog.

Article VI, Clause 2. Asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as "the Supreme Law of the Land"

The text of Article VI, Clause 2, establishes these as the highest form of law in the American legal system, both in the Federal courts and in all of the State courts, mandating that all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government.

SO - Arizona has made a state law mirroring the "federal law", not conflicting, in order to make the "federal law" enforceable on the state level. It also states that state judges uphold federal laws which means that all states can do the same.

What about a president that is not doing his part to uphold the constitution?????
LEONII
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June 28, 2010
True, a state can not have it's OWN immigration law, but a state CAN, and MUST, have the federal immigration law. That has been decided by the courts. And as it stands today Illegal Aliens are to be Detected, Detained and Deported and any person aiding a known illegal alien is in violation of federal aw and can be convicted.
el paso
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June 24, 2010
The preemption doctrine is based upon the Supremacy Clause of Article 6 of the constitution. Immigration is an issue reserved for the Federal Government. A state cannot decide to have it's own immigration policy, just as they cannot decide to declare war on a country, because they think the U. S. should. The Arizona law is unconstitutional on it's face.
mk-
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June 23, 2010
El Paso & Mr. G. I know, because I don't run when someone says BOO. I will stand for what's right & I will fight against what's wrong!! The word racist is meaningless to me, & by definition means someone that thinks their race is superior. My friends come in all colors, shapes & sizes! I believe the "race" that thinks they are superior are the ones that SAY they are & are taking over our country & they don't care about our people OR our laws!

There's an underground lawless pipeline bringing illegals into Georgia, giving them fake ID,s & setting them up in jobs & apartments. The majority of landscapers, painters, carpenters , rood & sidewalk crews & roofers ARE illegal! And about Smyrna,... it didn't get in the condition its in by LEGAL citizenry! ( I don't care how poor it was before,.. it didn't look like Mexico!)

And as long as I'm paying taxes I will continue to demand MY HADR EARED TAX MONEY doesn't go to people (foreigners) that don't deserve ONE CENT!! I EXPECT the gentlemen running for attorney general would feel the same way!
el paso
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June 23, 2010
mk....Why is it clear Smyrna is using illegals for landscaping, that Smyrna Commons is renting to illegals, and that C. W. Matthews is using illegals? You are not assuming just because you sawa hispanic, they must be illegal are you?
Mr. G
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June 23, 2010
@ mk-Wheres America, just because someone is hispanic, working in construction or landscaping doesn't mean they are all here illegally. There are many hard working (and low paying) legal hispanics working....and yes in Smyrna as well.. If you feel that what you say is true, why not confront the Mayor of Smyrna with your issues instead of State Rep. Rob Teilhet.
anonymous
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June 23, 2010
We the people of Georgia will join Arizona, and other states to enforce the laws of the United States; in fact, we will join to replace any Government official that is elected by the people and tries to change the laws to benifit someone that has broken the law. In conclusion, the people are tired of hearing the work amnesty, and will not tolerate any reform without first securing our borders from unlawfull entry. We will replace the President in the next election and will replace over 50% of the congress and senate this coming November to send a clear message. The Government is picking the wrong fight when it goes against the people, and is starting to awaken a sleeping giant that will sent them home with their tail between their legs. We can not be defeated if we stick together, so let your voice be heard.

The True Americans
J. W. Lewis
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June 23, 2010
I'm tired of the whole "good-bad," "us-them," "we-they," "Hispanic-American," "he said he would-now he won't" crap. If you are in the country ILLEGALLY, then you HAVE NONE OF THE RIGHTS granted by this country to its citizens. Not "should have no," but "HAVE NO" rights. Anyone who has supported or "courted" illegal aliens in the past was wrong, is wrong, and will be wrong in the future. Illegals taking up space in our public universities AND public schools (high school and below) should be ejected from the public system. This is not a question of "they're more motivated to work harder" or "they are better students." Some of the best students are Hispanic. But that has nothing to do with their legal status in this country. Go out, come in the door the RIGHT way, then compete legally. We, THE ORDINARY CITIZENS WHO ARE PAYING THE TAXES THAT HAVE BEEN SUPPORTING THE ILLEGALS, welcome LEGAL competition in this country (in English!), be it in education, law enforcement or business!!! We really don't care if the immigrants (except for Native Americans, our ancestors ALL WERE IMMIGRANTS ONCE!) are Korean, Chinese, French, Arabic or Hispanic, just so long as they are here legally!
Robert Johnson
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June 23, 2010
It would be grae if someone understood the pre-emption facts. Staes protecting themselves from the invasion is not unconstitutional.

I predict (thank you D.A. King!) we will have a Arizona-type bill working in the Georgia legislature in January. I would pay good money to see the look on Jerry Gonzalez face when it passes!
American worker
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June 23, 2010
Hooray for Sam and all of the candidates who understand th elaw and the fact that we cannot allow illegal invaders to conquer us while they steal our benefits.

JusticeDeferred
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June 23, 2010
After the BOR ascertains which of these criminal aliens (they are NOT "immigrants," who enter this country legally & APPLY to be citizens legally...by definition) have been illegally attending Georgia colleges AT A DISCOUNT, in place of legal Georgia citizens, these "Illegos" need to be charged FULL TUITION retroactively, then IMMEDIATELY deported...along with their extended families.
citizenUDA
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June 23, 2010
Illegal is illegal. And our lawmakers are guilty of hiring illegals through their businesses -that's why they don't enforce the law. And why haven't contractors been fined for hiring illegals - because contractors make big campaign donations. Follow the money.
Pancho3
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June 23, 2010
"el paso ... U S Constitution has a pre-emtive clause"

Please cite this alleged preemptive clause!

WestCobber
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June 23, 2010
Jerry "Georgia needs high performing students like these to lead us in the future." Just where are they leading. If they are illegal even if they got an education, where are they going to get a job - since private employees must go through more checks on status than government agencies, including insitutions of higher learning. And just where are they going to lead us? If amnesty is passed without condition, I for one will quit my job, and go on welfare. I will not give any governemnt any more of my money to be wasted on those who care nothing about what happens to this country, only caring what they can get for nothing. I have had it up to here!!!
Indian Joe
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June 23, 2010
Let me tell you something Jerry, what is morally reprehensible and evil is these illegals coming here and living off the fat of the land - the fat the rest of us have to work for. They are ILLEGALS - which makes them criminals. Just because most of the American population wants to see the law enforced, you see us as xenophobic and racist. WRONG! Most all of us came from immigrant grandparents/great grandparents, but they came here LEGALLY according to the immigration laws - they had to have a sponsor, a job, learn English and were entitled to no freebies. On the other hand, those you are encouraging come here by stealing into our country, have no desire to learn the English language, want every free handout available, and are bankrupting not only our schools and hospitals, and ruining our infrastructure by having 15 or 20 people living in a 2 or 3 bedroom home or apartment, but every taxpaying citizen. Why don't all of you go back to Mexico and change your own country - WHY - because if you tried it there you would be imprisoned and never heard from again. What gives you or them the right to come to this country and try to make it your country when you want none of the responsibilities. I also think it is the height of arrogance for Mexico to try to sue the state of Arizona over their new law. This is truly the height of arrogance.
Son of Mencken
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June 23, 2010
Republicans are missing the long-term implications of their "rule of law" approach to immigration. They are correct to demand the law be inforced. They are tragically simple-minded to expect the university sytem to engage in law enforcement. Law enforcement should be left to the police agencies. Consider the historical example of income tax withholding. Originally the income tax was modest in size and scope. Only when private buisnesses were forced to act as tax collectors did the income tax system become abusive to citizens. Today, Republicans are suggesting we make private citizens and businesses legally responsible for enforcing immigration laws. This is terribly inefficient and detrimental to liberty. I would expect socialists to support government co-opting of business activity, but never Republicans.

el paso
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June 23, 2010
So now we have someone running for attorney general who is not smart enough to know the U S Constitution has a pre-emtive clause. The Arizona law will be declared unconstitional in the near future. The republicans continue to play rascist games to gain votes from the baser elements of society.
Cobb Latino Initiati
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June 23, 2010
Yes, Sam Olens betrayed the Latino community. He used to a part of the Cobb Latino initiative which he created and led, until he passed anti-immigrant laws like the 287g to further his political career. He also belonged to many Latino groups, some of which do provide services to undocumented immigrants. Sam Olens is the worst kind of politician that will say or do anything to get elected.
Jerry Gonzalez
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June 23, 2010
The federal government has stated that access to higher education is not a public benefit if the student is paying out-of-state tuition and the state can allow access to undocumented students.

For these candidates to deny access to higher education is both morally reprehensible and evil. Shame on them.

It is not a matter of IF immigration reform will happen, but a matter of WHEN. Georgia needs high performing students like these to lead us in the future.

These politicians are posturing for a xenophobic vote. Shame on them.
throck
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March 01, 2012
IF immigration change comes, it will come as a result of the will of the American voters.You know them, the DOCUMENTED ones.
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