Tuesday, June 3, 2003 | 9:57 a.m.
The state is about to ask 18-year-old Julio Meza a question that could change his academic future.
At the end of June, Meza will receive a form from the state treasurer's office asking if he is a U.S. citizen. If he answers no, he will lose the Millennium Scholarship his education depends on.
"What am I going to do?" Meza asked. "Am I going to sign it, saying I am legal, even though I don't have the proof yet, or am I going to say no? To be honest with you, it will be scary."
Meza, who will graduate from Desert Pines High School this month with a 3.8 grade-point average, said he has filed his paperwork for citizenship but that it has not yet been processed.
Meza is one of an estimated 7,000 students this year to qualify for the Millennium Scholarship, which gives $10,000 to any Nevada high school graduate with at least a B average, who attends college in Nevada.
But for the first time, Nevada is introducing a form that asks potential scholarship recipients to check a box indicating whether they are U.S. citizens. Immigrant advocates oppose the new rule, contending that it could deny an otherwise productive resident of the state a chance to become educated and contribute. Proponents say it complies with federal law and benefits U.S. citizens.
Treasurer Brian Krolicki is implementing the new system to comply with a 1996 federal law, which states: If you provide in-state tuition rates to undocumented aliens, you must do the same for out-of-state residents.
"What it would mean is that if someone in New York wanted to get a Millennium Scholarship and they could demonstrate that a nonresident alien was receiving the same benefit, they would be able to qualify for it too," Krolicki said.
Krolicki said his office is only sending the notice to those who qualify for the Millennium Scholarship this year. The 22,000 students currently receiving the scholarships now will not receive the notice nor will they have to undergo background checks.
"This is a self-policing system," Krolicki said. "If my office becomes aware of someone who is not a lawful resident, I will have to suspend their Millennium Scholarship. But we won't search for them."
The law was created with the passage of the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996. Congressional lawmakers are trying to repeal that provision this year in a new piece of legislation called the DREAM Act -- standing for Develop Relief and Education for Alien Minors -- which would permit in-state tuition to illegal immigrants. That bill is in the House.
Melissa Lazarin, an education policy analyst with the National Council of La Raza, a Washington-based immigrant advocacy group in support of the DREAM Act, said Nevada's new check box system is ridiculous.
"It's outrageous that the state treasurer is taking it upon himself to enforce immigration law," Lazarin said. "It's not a wise policy economically for Nevada."
Lazarin said by doing this, Nevada is sending the wrong message to kids.
"We are talking about kids who are staying in school. They are getting a 3.0 GPA. They are staying in Nevada. They will become productive members of the state," she said.
At least seven states have flouted the 1996 federal law by passing legislation that officially extends in-state tuition benefits to undocumented aliens, Lazarin said.
Other groups, however, are busy making headway keeping illegal aliens from receiving such benefits in states such as Utah and California in addition to Nevada.
"As an organization, our primary purpose is to stop a practice that we see going on -- extending citizen benefits to nonresidents," said Kenneth Record, a member of Friends of Immigration Law Enforcement.
Record said the change in the Millennium Scholarship qualification is a start, but the main focus should be preventing illegal immigrants from receiving tuition breaks.
A typical full-time student attending the University of Nevada, Las Vegas, would pay $1,020 a semester for school, while a nonresident would pay $5,363.
Record said it is not fair to give some nonresident students the tuition break and not others. He said he is gathering plaintiffs for a potential class-action lawsuit in Nevada.
"I know we will ultimately file (the suit)," said Record, who said he has "substantially more than 10" plaintiffs so far. "I don't know if the Millennium Scholarship issue will be filed on."
Krolicki said he is trying to avert such lawsuits through his actions.
"If I do not do this now, I would be opening a Pandora's box to millions of students around the country who are not eligible for this scholarship," Krolicki said. "It is untenable. It can't be allowed."
It is uncertain how many lives the new check box system will affect. Krolicki says his office has no estimates.
One school counselor could only give anecdotal clues.
"I can name one school in particular that probably has 100 students who are graduating ... (nearly) one-third have achieved the highest academic level possible and do not have papers (for legal residency)," said Jack Burns, a counselor for Sunset-East Morris Academy.
Chelsie Campbell, president of UNLV's Student Organization of Latinos, said she knows of a handful as well, and said the loss of their scholarships could be devastating for them.
"They can't qualify for federal aid," Campbell said. "Their families do not have the resources. Basically, it is their only hope to attend college."
For Julio Meza, who came to America as a war refugee from El Salvador when he was 5 years old, Las Vegas has been home for most of his life. He says he plans to give back everything he got from it.
He plans to major in business to become an entrepreneur and help finance other immigrants wanting to attend colleges.
He said he also plans to get his teaching certificate and perhaps teach part-time.
And some time in the future, he wants to be a politician to pave the way for others like him, Meza said.
"I've learned if somebody tells you you can't do something there's just something in you that says, 'Why can't I? Why shouldn't I?' " Meza said.
Sun reporter
Timothy Pratt contributed to this story.
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