These SCHEV guidelines show that military dependents get in-state tuition rates, only
after the military family member has established domicile in Virginia (defined at paying state income taxes on all military income). If the military member maintains domicile elsewhere (i.e. they pay taxes in another state, or maintains domicile in a state like Texas which has no state income tax), his or her children will
not be afforded in-state tuition rates. Virginia Tech's guidelines state as follows:
"These [military parents of] applicants must show that Virginia is their state of legal residence and that all other conditions for establishing domicile have been met, including but not limited to paying Virginia income taxes on all military income." No Virginia income tax, no in-state tuition, even for military dependents.
The issue, however, is whether to extend in-state tuition rates to the children of those in the Commonwealth illegally. Money is tight across the Commonwealth's public schools and this will end up taking more money out of school's operating budgets.
Further, and much more importantly in my book, the issue has been debated in the General Assembly, and the bills have been defeated (so far). Thus, the current expressed intent of the constituted representatives of the people of Virginia is that the dependent children of those in Virginia illegally are not to be extended in-state tuition privileges. If Mark Herring does not like this law, then he should run for a seat in the General Assembly and he can argue for amending that law to his heart's content. Oh, wait,
he already was in the General Assembly before he sought the job of Attorney General. Now, because he does not like the law as it currently stands, as the constituted representatives of the people of Virginia have approved it, he declares that the law does not say what it says. This is not the rule of law. It is the rule of men, which Publius said was the very definition of
tyranny.
If the General Assembly amends the law to allow illegals' children to enjoy in-state tuition privileges, I'll be among the first to say “Bienvenidos.â€Â
Why
these dependents, however? Are they more deserving than military dependents serving in North Carolina or Pennsylvania? How about the children of police officers? Rescue Squad first responders? Dependents of CIA operatives? Postal workers?
The General Assembly has decided to draw the line at military dependents (who pay Virginia income tax) and not to the children of illegal immigrants. Don't like the law? Get the legislature to change the law.
Instead, the Attorney General has shown contempt for the law of the Commonwealth, just like he had previously shown contempt for the Constitution of the Commonwealth.
