Sen. Michael Johnston and Sonia, a Metro State sophomore, hug during the introduction of SB 126 at the Capitol on Wednesday. Sonia, who is undocumented,
Sen. Michael Johnston and Sonia, a Metro State sophomore, hug during the introduction of SB 126 at the Capitol on Wednesday. Sonia, who is undocumented, came to Colorado from Mexico at age 2. (Craig F. Walker, The Denver Post)

A bill that would allow illegal immigrants to attend college at the in-state tuition rate stands a good chance of passing the Colorado Senate, and supporters say the measure could even pass the Republican-controlled House.

The conventional wisdom this session had the bill unable to clear the Democrat-led Senate, where a similar measure died in 2009 after a handful of Democrats joined Republicans in voting against it.

But things have changed. The ASSET bill — standing for "Advancing Students for a Stronger Economy Tomorrow" — has been reworked from the 2009 version so that the students in question would not receive a direct state subsidy called the Colorado Opportunity Fund scholarship.



"I'm open to a version of this," she said. "It's very clear in this version that there's no state subsidy."

Meanwhile, Sen. Cheri Jahn, D-Wheat Ridge, who was elected in November, said she supports it. Her predecessor, Sen. Moe Keller, D-Wheat Ridge, voted against the bill in 2009.

"They (illegal immigrants who graduate from high school) have grown up here, and they've gone to school here," Jahn said. "I think if they're living in the state of Colorado, they should pay the same rate as other people living in the state of Colorado."

Assuming no defections

With Carroll's potential reversal added to Jahn's vote, that could give Democrats the 18 votes they need, assuming there are no defections.

But what happens if the bill gets to the GOP-controlled House? Again, conventional wisdom has held that the bill would be quickly killed.

Whether the bill makes it out of committee could depend on the committee to which it is assigned. For example, most observers say the House State, Veterans and Military Affairs Committee — known as a kill committee composed of members in safe seats — would be a death sentence for the bill.

If the bill does clear the committee level and goes to the House floor, supporters say they have a fighting chance. Republicans hold a 33-32 majority, and Rep. Joe Miklosi, D-Denver, one of the Democratic co-sponsors of the bill in the House, said 30 Democrats are supporting the bill.

The two who have not committed, according to Miklosi, are Rep. Wes McKinley, D-Walsh, and Rep. John Soper, D-Thornton. Both said they were struggling with the issue.

"I haven't read the bill yet, so I don't know," Soper said. "I've got mixed emotions on it. Children are children, and they don't choose if they come here or not."

McKinley, too, said he was still examining the bill. Asked what issues he was considering, he quipped, "Whether or not I'll be hung when I go home."

Most Republicans oppose the idea, and Sen. Ted Harvey, R-Highlands Ranch — a staunch supporter of tougher laws on illegal immigration — said the reworked legislation offered this year is not an improvement.

"If you reward illegal behavior, you incentivize illegal behavior," Harvey said, adding that he thought it unlikely that the Republican-led House would pass such a measure, especially given the economy.

Hoping to draw GOP votes

If Democrats muster all 32 of their votes in the House, they might draw a few Republican ones, supporters say. Some hope a few Republicans who are supportive of the idea would cross over even if Democrats don't get 32 votes. Thirty-three votes are needed to pass a bill in the House.


Right now, though, it's all finger- crossing.

Republican leaders could not be reached for comment Wednesday.

A coalition of supporters held a news conference Wednesday promoting the bill. Those in attendance included three undocumented high school students from Denver who said their ability to attend college is limited because it would be too costly for them to pay out-of-state tuition.

Sen. Michael Johnston, D-Denver, and Sen. Angela Giron, D-Pueblo, Senate co-sponsors of the legislation, promoted the bill as an economic-development issue.

Children who can't afford to attend college don't reach their full potential as contributors to the state's economy and risk becoming part of a permanent underclass, Johnston and Giron said.

"This is not a partisan issue. This is not a federal issue," Johnston said. "This is a fiscal issue."

If lawmakers end up passing the bill, it's unclear what Gov. John Hickenlooper, a Democrat, would do. During a debate last year, he was asked a broad yes-or-no question on whether he would support in-state tuition for illegal immigrants. Hickenlooper said no.

But Hickenlooper's office said the governor has not yet taken a specific position on Senate Bill 126.

"Our team is reviewing the legislation and will take a position at the appropriate time," said his spokesman, Eric Brown.

Tim Hoover: 303-954-1626 or