Non-American parents lose child's aid

An Elkhart County high school senior, who had participated in the 21st Century Scholars Program since she was in seventh grade, won't receive a scholarship from the state of Indiana, not because she lacked the necessary grades but because her parents lacked U.S. citizenship. In turn, the senior has summoned the help of the Indiana branch of the American Civil Liberties Union and is now suing.\nThe girl, called "E.C." in the ACLU's brief, was born in the United States and is a citizen, as outlined by the U.S. Citizenship and Immigration Services. The ACLU contends E.C. is as deserving of the scholarship as other citizens whose parents have U.S. citizenship. \n"What we're dealing with here is discrimination of an American citizen," said Ken Falk, director of legal services for the Indiana branch of the ACLU. The state lacks any legal grounds to deny a scholarship, he said. \nThe lawsuit states that E.C. should receive the scholarship based on the Equal Protection Clause outlined in the 14th Amendment of the Constitution. \n"This is not in the law; the law itself is solid," Falk said. "This is a policy of the state student commission."\nACLU filed the lawsuit March 2 in the U.S. District Court, Southern District of Indiana. \nThe brief named Dennis Obergfell, acting executive director for the State Student Assistance Commission of Indiana, as defendant in the suit. The commission oversees the 21st Century Scholars Program.\nObergfell declined comment on the litigation "till it's \nresolved." \nFalk said he was surprised that the 21st Century Scholars Program would turn down a student like E.C.\n"The ironic thing about this is that this is the type of student who the 21st Century scholarship is for," Falk said. "She is someone who's really making it as an American citizen."\nThe brief notes E.C. was not asked her parents' citizenship status when she applied for the program in the seventh grade. It also notes it will "be extremely difficult for her to attend post-secondary school" without funds from the program. Falk said he is going to ask for a preliminary injunction for E.C. so she can begin college with a scholarship. \nIn addition to helping E.C., Falk is trying to get class-action status for the lawsuit, though he has been currently unsuccessful in drawing more plaintiffs. \nAccording to the brief, which is also posted on the Web site www.iclu.org, the ACLU is seeking "all past, present and future Indiana high school students, either citizens or lawful aliens, who were, are, or will be eligible for a Twenty-first Century Scholar award but (cannot) for the fact that their parents were not, are not, or will not be American citizens or lawful aliens."\nThe brief estimated more that 75,000 to 100,000 noncitizens without "lawful status" live in Indiana. \nLillian Casillas, director of IU's Latino Cultural Center, La Casa, said she does not understand why the 21st Century Program does not allow students like E.C. to receive scholarships. \n"They're really violating what I think is a citizen's right," Casillas said. "If you're a citizen, you're a citizen. It seems to me they are trying to create a hierarchy among citizens."\nCasillas said she believes they are punishing a U.S. Citizen. \n"It's mind-boggling," she said. \nNo hearing date has been set for the case, and Falk was unsure if the two sides could reach a settlement out of court. \nThe 21st Century Scholars Program states students must attend an eligible Indiana college to receive the scholarship. More than 90 Indiana schools, including IU, are eligible. \nAccording to its Web site, more than 19,000 students received scholarships from the 21st Century Scholars Program between 1990 and 2001.