Nevada rules for immigrant benefits are gray area

Immigrants covered by President Barack Obama’s recent executive order will not qualify for certain federal benefits, including welfare and food stamps, according to the White House.

But states have wide latitude to make their own rules on other benefits, including driving privileges, in-state tuition rates and occupational licenses.

The Nevada Legislature has offered a clear directive on some matters, such as driver’s licenses, while others remain in limbo.

Here is where Nevada stands on immigrant benefits:

IN-STATE TUITION

Nevada is one of about two dozen states that have not enacted laws about tuition rates for immigrants who are in the country illegally.

Nevada students who don’t have legal status are considered Nevada residents and can receive the in-state rate as long as they meet certain baseline residency requirements, such as graduating from a Nevada high school.

They are not required to disclose their immigration status to establish Nevada residency.

By contrast, 20 states have laws that specifically say students in the country illegally should receive in-state tuition in their home states. Five others have laws that prohibit in-state tuition for students in the country illegally. Those states are Alabama, Arizona, Georgia, Indiana and South Carolina.

Students who are in the country illegally can also receive the Millennium Scholarship, which provides Nevada students up to $10,000 toward their undergraduate coursework. But they must sign an affidavit declaring they have applied to legalize their status or will file an application as soon as they are eligible, according to officials with the Nevada System of Higher Education.

Students seeking the scholarships also must have graduated from a Nevada high school with a grade-point average of at least 3.25 and pass proficiency exams.

OCCUPATIONAL LICENSES

Nevada rules specify that a prospective teacher must be a U.S. citizen or lawful permanent resident to receive a state license.

But it’s unclear whether young immigrants granted temporary legal status through Obama’s Deferred Action for Childhood Arrivals (DACA) program or people covered by Obama’s more recent executive order fall under that category.

The Nevada Department of Education has requested a bill that would revise the licensure requirements and explicitly exempt DACA recipients from the citizenship and permanent resident requirements.

Education officials declined to comment further about what the bill might contain, saying that state staffers who are drafting the legislation are exploring the legal questions behind the proposal. They also couldn’t say whether any DACA recipients had applied for a teaching license.

Similarly, the Nevada Bar would consider whether an immigrant is in compliance with the law before licensing him or her to practice law in Nevada. The review is part of a moral character and fitness review.

It’s not clear if DACA recipients and others granted deportation relief qualify.

“The State Bar of Nevada is reviewing its policies to ensure compliance with recent changes to immigration policies and procedures,” said Kimberly Farmer, executive director of the state bar.

DRIVER’S LICENSES

In Nevada, immigrants who are in the country illegally can already apply for permission to drive through the year-old driver authorization card program. Through the end of October, Nevada had issued 22,035 cards, in addition to 2,130 learner’s permits, which are meant for drivers under the age of 18.

Nevada is in the minority by allowing driving privileges for unauthorized immigrants — only nine other states and the District of Columbia have similar programs. Proponents say the measure ensures thousands of drivers who would probably be on the roads anyway are insured.

Once immigrants receive work permits, as they do through DACA and are expected to obtain through Obama’s executive action, they become eligible for a full-fledged driver’s license that not only allows driving but serves as official government identification.

Nevada DMV spokesman Kevin Malone said his agency isn’t anticipating any changes to the law during the upcoming legislative session.