It is illegal for this student to be in the country. So how is he attending UC Berkeley?

The law is clear.  If you are given a visa, it has an expiration date.  You have the right to have it extended by asking for an extension.  But, if you do not get an extension—you need to go home.  In the case of Luis Mora, he does not give a damn about our country or its rules.  He thinks he is the center of the universe and we revolve around his wants and desires.  So there is a honest California citizen unable to attend Cal Berkeley because there seat is taken by a self absorbed, narcissistic, criminal.

“The case reveals a strange loophole in United States immigration law: No federal law expressly prohibits a public university from admitting an immigrant student who does not have all the proper paperwork; in fact, some courts have found their education is allowed under the constitution, regardless of their immigration status, according to one legal scholar interviewed by The College Fix.”

It is time to make California great again—by enforcing the laws and putting our taxpayers and children before foreigners that break our laws?  What do you think?

UC Berkeley

It is illegal for this student to be in the country. So how is he attending UC Berkeley?

Coy Westbrook, The College Fix,  2/22/18

Luis Mora, the University of California, Berkeley student who was detained last month by Immigration and Custom Enforcements, was in the country on a visa that expired several years ago. He was denied DACA status by the federal government. He was in the country illegally. Nevertheless, he is able attend a major public university, even qualifying for in-state tuition.

How?

The case reveals a strange loophole in United States immigration law: No federal law expressly prohibits a public university from admitting an immigrant student who does not have all the proper paperwork; in fact, some courts have found their education is allowed under the constitution, regardless of their immigration status, according to one legal scholar interviewed by The College Fix.

Mora was brought to the United States when he was eleven years old, according to the UC Berkeley student activist group Rising Immigrant Scholars through Education, or RISE.

Mora–whose visa expired two years ago and whose deferred-action application was denied by the federal government–was arrested by border patrol agents in December of last year and transferred to federal immigration custody.

The UC Berkeley community agitated for Mora’s release, with the chancellor of the university “taking all appropriate actions” in order to return the student to campus. After two weeks in custody, Mora was released on bail. He is scheduled for a court hearing next year. In the meantime he will continue to attend UC Berkeley, according to the university.

A spokesperson for Immigration and Customs Enforcement told Campus Reform last month that Mora “lacks the necessary visa to be legally enrolled in a university” and “should never have been allowed to enroll in the first place,” but that claim appears to conflict with some legal analysis, according to an immigration expert at the University of California, Irvine.

“No federal law expressly prohibits a state university from admitting an immigrant student present in the country without authorization,” Jennifer Chacón, a senior associate dean at UCI Law, told The College Fix via email. “Unless such laws or policies are expressly prohibited by Congress, conflict with federal immigration law or pose an obstacle to that law, the state’s laws and policies are not preempted by federal immigration law.”

“States can’t enact their own immigration laws — federal law controls admission and removal of immigrants — but states can and do regulate the lives of the immigrants within their borders in many ways, and state regulation of this kind generally is perfectly lawful if it is not preempted and does not violate other constitutional rights.”

“In fact, there is federal constitutional case law that prohibits states from DENYING K-12 education to undocumented students,” Chacón added. “So educating undocumented students isn’t contrary to federal immigration law and in some cases, courts have found such education to be constitutionally required.”

The College Fix repeatedly reached out to Immigration and Customs Enforcement via email seeking clarification on the legalities of Mora attending UC Berkeley. Nobody from the department responded.

The student activist group RISE also did not respond to request for comment from The Fix; nor did the University of California’s office of the presidency or UC Berkeley’s office of the chancellor.

Reached via telephone, Berkeley spokeswoman Janet Gilmore declined comment.

According to Campus Reform, when asked, officials at UC Berkeley “tactfully denied receiving ‘any requests from ICE to cancel a student’s registration.’” Berkeley officials stated that Mora “is in excellent academic standing, attending all his classes diligently, and a positive contribution to our Berkeley community.”

 

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.