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'Dream Act' Referendum Survives Legal Challenge

Anne Arundel judge rules that voters should be allowed to decide the fate of in-state college tuition for illegal immigrants.

The referendum on the Maryland "Dream Act" cleared its first legal hurdle on Friday after an Anne Arundel judge upheld the Maryland Board of Elections's ruling that the legislation can appear on ballots this November.

Anne Arundel Circuit Court Judge Ronald A. Silkworth ruled on Friday that the Dream Act—which would allow certain illegal immigrants to pay in-state rates at Maryland colleges—meets the state constitution’s standards for legislation that is subject to referendum.

The Maryland legislature passed the Dream Act in the final moments of the 2011 legislative session. Opponents immediately launched a statewide petition aiming to put the issue on the ballot this November. They collected nearly twice the minimum 55,736 signatures within two months, blocking the Dream Act’s July 1 start date.

In August, a coalition of immigrant advocates and labor and teachers’ unions challenged the Maryland Board of Elections’s decision to allow a referendum.

Dream Act supporters based their courtroom challenge on one of the legislation's primary critiques: that it will add to the state's financial burden. The Maryland Constitution bars fiscal appropriations from being subject to referendum.

Attorneys hired by Dream Act supporters—the D.C.-based law firm Sandler, Reiff & Young & Lamb—argued that the Dream Act is not subject to referendum because the increase in students paying in-state rates will require the state to allocate funds to cover the difference. (According to legislative researchers, Maryland taxpayers will pay an additional $788,000 in fiscal 2014 and up to $3.5 million in fiscal 2016 for the hundreds of illegal immigrants projected to enroll as in-state students thanks to the Dream Act.) 

In his 13-page opinion, Silkworth opined that those costs are "incidental" to the Dream Act, not its main intent.

"The primary object of the Maryland Dream Act is to change the policy for in-state tuition rates, not to make an appropriation," Silkworth wrote. "If merely affecting an appropriation became the test for determining if a law actually makes an appropriation, the result would deprive voters of the important constitutional right of referendum."

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jnrentz1 February 21, 2012 at 02:01 pm
This referendum is as much a vote on the acceptance or rejection of illegal aliens as it is on in-state tuition.
jnrentz1 February 21, 2012 at 04:20 pm
Should there be a nationwide referendum on the acceptance or rejection of illegal aliens?
Jeff Hawkins February 21, 2012 at 04:34 pm
@JNR
If a referendum is wanted, I think it should only be on a state by state basis. So no.....I don't think there should be a nationwide referendum.
jnrentz1 February 21, 2012 at 04:36 pm
Mr. Hawkins,
Thank you for your courteous reply.
MD February 21, 2012 at 10:36 pm
Why do we need a referendum on a federal law? That’s why we have congress, and so far, its law. Back to the story at hand, Can’t wait to vote NO for this. States shouldn’t be aiding and abating illegal activity, no matter what it is!
Carol Ramirez February 22, 2012 at 09:29 pm
Vote yes if you are for education and fairness. Vote for the Dream Act!
Corbin Dallas Multipass February 23, 2012 at 04:44 am
No. All that happens if it is voted down is undocumented students have to pay out of state rates for education, and then we just have a larger population of people who aren't excelling.
Corbin Dallas Multipass February 23, 2012 at 04:53 am
No, as Frank pointed out the entire premise to that question is silly because it isn't possible.
Corbin Dallas Multipass February 23, 2012 at 04:55 am
Didn't realize going to school and attaining sufficient grades to continue enrollment was an illegal activity.
jnrentz1 February 23, 2012 at 10:24 am
Vote "NO" if you are for education and fairness. Vote against the Dream Act.
Will February 23, 2012 at 11:17 am
This law makes sense to me. How about free cheeseburgers for those who do not pay their parking tickets as well? What this country needs is more rewards for those who break the law.
Corbin Dallas Multipass February 23, 2012 at 01:27 pm
Ugh, really. So being lazy and not paying your parking ticket is equivalent to being ambitious and:
- Paying Taxes for Three Years as a Student - Proving your Parents Paid Taxes for Three Years - Getting into a Community College and Successfully obtaining an Associates Degree - Maintaining an academic record sufficient enough to get into a Maryland University. Your analogy makes zero sense.
Jeff Hawkins February 23, 2012 at 01:46 pm
@Corbin
"Your analogy makes zero sense." Depends on your point of view.
Corbin Dallas Multipass February 23, 2012 at 02:45 pm
So the various things I listed are equivalent to not paying a parking ticket?
What point of view makes that claim?
Jeff Hawkins February 23, 2012 at 03:11 pm
@Corbin
No...you stated Will's analogy made zero sense. My comment concerned that and nothing else. Now if you want to add some "fluff" and your personal opinions, then remember......that's all they are....
Sharon Adams February 23, 2012 at 03:24 pm
To Jeff: Amen to that!
Corbin Dallas Multipass February 23, 2012 at 03:26 pm
I stated Will's analogy made zero sense in the context of the facts of the MD Dream Act *because* Will's analogy was made in the context of a discussion about the MD Dream Act. If you want to take Will's analogy out of context, that's your right, but then you're not talking about the Dream Act any longer.
Th MD Dream Act law which has the provisions I specified. If his analogy makes sense to someone then they're being willfully ignorant of the actual law. If you choose to be ignorant of the actual law while having an opinion on it you should be called out for doing so and your opinions should be judged accordingly.
Jeff Hawkins February 23, 2012 at 03:36 pm
@Corbin
You appear to be unable to understand the concept and meaning of the word "viewpoint". If you wish to inject your own "viewpoint" supported by your own opinions based on only half the issue, then so be it. The provisions you site are fine, but you omit much. Your opinions will be judged accordingly...........by whom you ask.....maybe 5 or 6 people.
Corbin Dallas Multipass February 23, 2012 at 03:41 pm
What am I omitting?
Jeff Hawkins February 23, 2012 at 03:53 pm
@Corbin
You figure it out......
Corbin Dallas Multipass February 23, 2012 at 03:58 pm
Good job using ellipsis and being vague...... ;-)
Jeff Hawkins February 23, 2012 at 04:19 pm
@Corbin
Thank you! As for being vague, not sure if directive could be any clearer.....
Erick February 24, 2012 at 10:17 pm
It made zero sense. And, this is a second opinion. Some of these kids have permission to be in this country already and are waiting for their green cards. Do some research.
Erick February 24, 2012 at 10:20 pm
I don't know who made it illegal for undocumented students to pay in-state tuition after all the things they give back to society like volunteer work while in high school such community service. Go figure it.
jnrentz1 February 25, 2012 at 11:11 am
Erick,
If by "undocumented" student you mean, illegal alien, the fact is the illegal alien is not supposed to be here in the first place.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Bob Hydorn June 1, 2013 at 12:01 pm
Thank you to John Driscoll, VP of the MVF for opening this years Farmers Market
Bandits New Mom June 1, 2013 at 01:59 pm
Amazing the difference in taste! I thought I like baked sweet potatoes until I bought some from theRead More farmer's market--now I eat them for dessert! Amazingly sweeter and redder too!
Sharon Adams June 1, 2013 at 04:16 pm
Seems someone @ MVF finally considered one of my community suggestions, free raffle baskets. KnewRead More after 32 years you might 'finally' appreciate at least one of my ideas. Hummm! LOL!
LenGray March 4, 2013 at 06:28 pm
Congratulations to Ms. Cranford, Ms. Peterson and Mr. Dyer on a strong showing. The one issue that IRead More do hope you will consider during your term in office is the request that Ms. Adams had made about a playground in Whetstone Park. There realty does need to be some improvements made there, the old concrete animals are no longer fun to play on. My grandson asks me, “Grandpa, where are the slide and swings?” At least we now have a chance with these three board members.
Derek Hale March 5, 2013 at 05:02 am
The voters obviously made the right decision. These three have proven themselves with theirRead More previous activities within the Village. I concur with LenGray's comment above regarding different children's amenities available at Lake Whetstone. If swings and other play equipment were there, it could be used almost year round which a volleyball sand pit has limited use, and I can't even remember the last time I saw someone playing volleyball there. How about some benches for the adults to sit and watch their children play on good old fashioned swings and slides?