STATE HOUSE, BOSTON, JAN. 11, 2006..... After more than six hours of emotional debate, the House voted 57 to 97 Wednesday evening to defeat legislation allowing children of undocumented immigrants to pay in-state tuition rates at state colleges.
The vote came as dozens of students watched the debate from the gallery and comforted each other after the House adjourned for the day. Leading supporters of the bill offered students encouraging words following the session, while others declined to speak to reporters because of the emotional nature of the issue.
House Minority Leader Bradley Jones (R-North Reading), an opponent of the legislation, said supporters never got an accurate tally of how many colleagues planned to vote in favor of the bill.
"The house of cards collapsed," Jones said in an interview immediately following the vote. Jones said many supporters who in the end voted against the bill did so due to the "political liability" of voting in favor of providing benefits to illegal immigrants.
Julie Teer, press secretary for Gov. Mitt Romney, said, "Governor Romney commends the members of the House who recognized as we all do that it is wrong to reward illegal immigrants. Instead, Governor Romney would like to focus on providing more resources to our legal immigrants."
But supporters, including House Speaker Salvatore DiMasi, said they were disappointed and called the vote one of conscience. Many also blamed the Romney administration for invoking "fear" with the issue among the public.
"I'm no longer surprised by the power of fear, and that's what won today ... This administration has propagated the politics of fear in a remarkably relentless and ruthless way," said Ali Noorani, executive director of the Massachusetts Immigrants and Refugee Advocacy Coalition.
In response, Teer said, "This is not about fear or scare tactics. This is about the law, and it's a matter of following the law ... and not providing incentives."
Through his spokeswoman, Kimberly Haberlin, DiMasi said he was not surprised by the vote since many representatives had been contacted recently by their constituents. Haberlin said the speaker felt like the students needed an answer and wanted to make good on his vow to vote on the issue this session.
"He was aware it was an uphill battle," she said. "But he also thought the substance of the bill was not understood by the public."
Earlier in the day, DiMasi and lead sponsor Rep. Marie St. Fleur (D-Dorchester) sent a letter to their colleagues outlining amendments that would "clarify and strengthen" the bill. In the letter, DiMasi and St. Fleur said, "The time has now come to cut through the rhetoric and weigh the bill solely on its merits."
They requested support for three amendments: requiring federal tax identification numbers, proof of a Massachusetts-issued equivalency degree as an alternative to a high school diploma within the state, and a more specific affidavit attesting to efforts to achieve citizenship.
One amendment, sponsored by Rep. Christine Canavan (D-Brockton), would have required non-citizen students, as a condition of eligibility, to provide proof of a taxpayer identification number and a signed affidavit that they have applied for citizenship. It was defeated 75-77.
Canavan was one of several lawmakers who voted against the bill on the final vote, but spoke in favor of the bill on the floor.
"If the federal government is going to let them in and let them stay," said Rep. Robert Correia (D-Fall River) who also voted against the final bill, "then shame on them, but let it not be shame on us."
Bill opponent Rep. Marie Parente (D-Milford) countered: "Ask not what this country can do for you, but what you can do for yourself. It's not walking across the border and dismantling Democracy."
The vote reflected declining support since Tuesday, when advocates were seeking a veto-proof majority of more than 100 votes.
Noorani said the bill's proponents would file the legislation again next session.
"This is not an issue and we are not a community that's going away," he said.
Outside the chamber after the vote, Rep. Byron Rushing told a crowd of students, "Just remember, we get a Democratic governor next year, and you only need 81 votes."
Several members of DiMasi's leadership team defected from the speaker's effort to pass the bill. Votes against included: Lida Harkins (D-Needham), the assistant majority leader; Thomas Petrolati (D-Ludlow), the speaker pro tempore; Robert DeLeo (D-Winthrop), chairman of the Ways and Means committee.
Earlier Wednesday, the House adopted a resolution offered by Harkins urging Congress to "enact legislation that will resolve the current state of flux surrounding policies for in-state tuition rates for in-state, undocumented immigrants who attend public institutions of higher education."
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