North Carolina's community college system, which had barred illegal immigrants from seeking degrees until it got a legal opinion from federal authorities, was told it can decide the issue itself.
The state Attorney General's Office said in a letter released Friday that federal officials said states "must decide for themselves whether or not to admit illegal aliens into their public post-secondary institutions."
North Carolina's 58 community colleges decided to bar illegal immigrants in May after Attorney General Roy Cooper's office said the policy may conflict with federal law. The state lawyers asked the U.S. Department of Homeland Security for an opinion.
Community college system President Scott Ralls wasn't immediately available for comment on how the system would proceed. Illegal immigrants had been allowed to seek degrees and the decision to bar them affected about 100 people.
North Carolina's situation was different from the debate in a number of other states. A number of states questioned whether undocumented immigrants should get cheaper in-state tuition.
Jim Hermes, senior legislative associate at the American Association of Community Colleges, said North Carolina wasn't alone in the debate over admitting illegals.
"The debate mostly is over in-state tuition," Hermes said.
"Other states have considered legislation to bar undocumented students from attending public institutions. None of those bills have passed."
Hermes said the North Carolina situation was different because the ban was handled administratively instead of with legislation.
The state attorney general was advised by U.S. Immigration and Customs Enforcement that "states may bar or admit illegal aliens from enrolling in public post-secondary institutions either as a matter of policy or through legislation."
The ICE letter was signed by former Mecklenburg County Sheriff Jim Pendergraph, now executive director of ICE's Office of State and Local Coordination.
Pendergraph said state policy or legislation "must use federal immigration status standards to identify which applicants are illegal aliens."
North Carolina community college system had said last year that its 58 campuses would allow illegal immigrants into degree programs. Under a previous policy, the decision was left to individual schools.
The change caused heavy criticism, especially from candidates running for governor. The community college system then asked for the clarification and the attorney general recommended denying lenient treatment under a 2001 law.
About 100 of the nearly 300,000 students seeking two-year degree at community college were illegal immigrants. The system said those who enrolled in the 2006-2007 school year could continue their studies.
orth Carolina's community college system can now decide whether to admit illegal immigrants for degree programs.
The state Department of Justice said in a letter released Friday that federal officials said states "must decide for themselves whether or not to admit illegal aliens into their public post-secondary institutions."
North Carolina's 58 community colleges decided to bar illegal immigrants in May after the state Attorney General's Office said the policy conflicted with federal law.
The decision sparked strong reaction from policy supports and opponents, and the office later asked federal officials for clarification.
Community college system President Scott Ralls wasn't immediately available for comment Friday.



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