UPDATED: Abbott Withdraws Two Hazlewood Decisions

Texas Attorney General Greg Abbott has withdrawn two AG’s Opinions denying certain veterans benefits under the Hazlewood Act. The withdrawal came one week after six Gulf War vets asked a federal court to issue a temporary restraining order halting the state’s exclusion of certain vets from receiving benefits under Hazlewood.

Opinions GA-347 and GA-445 related to citizenship eligibility requirements for honorably discharged veterans.

According to the Mexican-American Legal Defense and Education Fund, the the AG’s office admitted it was interpreting Hazlewood to exclude legal permanent resident immigrants:

Court papers filed by the State yesterday in response to MALDEF’s lawsuit admit that its opinions interpreting the Hazlewood Act to exclude legal permanent resident immigrants, thousands of whom have served in the U.S. military for their adopted country, made the Hazlewood Act unconstitutional.

On the heels of this, the Texas Higher Education Coordinating Board today adopted temporary rules to provide that all qualified veterans are eligible for the Hazlewood exemption whether they were U.S. citizens or legal resident immigrants at the time they entered the military, according to a release from MALDEF.

The Hazlewood Act, enacted in 1923, entitles certain Texas veterans, and the children of Texas service members who die during or directly due to their service in the armed forces, to free tuition and free or reduced fees for up to 150 credit hours at publicly supported colleges and universities.

Senate Majority Leader Sen. Leticia Van De Putte, chair of the Senate Committee on Veteran Affairs and Military Instillations, praised Abbott’s decision:

Because the eligibility guidelines of the Hazlewood exemption are confusing, and have been interpreted inconsistently, I have twice asked Texas Attorney General Greg Abbott for clarification. His opinions had the unfortunate result of denying deserving veterans this higher education opportunity.

With these opinions withdrawn, Attorney General Abbott now acknowledges that denying theses veterans the exemption is unconstitutional.

In the 81st legislative session in 2009, I will introduce a bill to eliminate any ambiguity in the Hazlewood Act.

We must honor and reward the sacrifices made by those Texans who fight on behalf of our freedom.

MALDEF noted that the action by Abbott shouldn’t have taken litigation to resolve:

MALDEF President and General Counsel John Trasviña said, “While it should not have taken a MALDEF lawsuit, the state’s action today strengthens Texas and America. All veterans who fought for our country will have equal access to higher education in the state.”

“Thousands of legal permanent residents serve honorably in the armed forces. They risk their lives for the freedoms we enjoy in the United States and they deserve to be treated equally when they return home,” said Nina Perales, MALDEF Southwestern Regional Counsel. “Justice is finally served in the courtroom for these veterans and they can now realize their dreams of pursuing a college degree.”

“It was devastating to our clients to be turned away by the State of Texas after serving our country as legal permanent resident immigrants,” stated David Hinojosa, MALDEF Staff Attorney and lead counsel in this case. “We hope that all Texas public universities and colleges will step up to the plate and reimburse the excluded veterans for tuition already paid and get the word out on the change of policy,” continued Hinojosa.

Within minutes of receiving Senator Van De Putte’s statement on Abbott’s actions, Capitol Annex was advised by Austin sources that anti-immigrant Republicans are ready to call for the Attorney General’s head, but are being careful how they frame this debate given it could fly back in their face very easily.

Tweet This Post   Ping This Post

Bookmark It