.
. ‘, .
The Attorney General of Texas
JIM MATTOX Ikcsmber 12, 1984
Attorney Qrneral
Mr. Kenneth Ashworth Opinion No. m-241
Conmissioner
Coordinating Board Rc: Whether certain foreign
51214752501 Texas College and University nationals are residents of
Telex ola87+1257
System Texas for purposes of tuition
Talecopl~r 51214750255
F. 0. Box 12708 at a state university
Austin. Texas 7lli’ll
714 Jackam. SUM 700
Dallsa, TX. 75202.4508
Dear Commissioner Ashworth:
21417428944
You ask vhet h,er Toll v. Moreno, 458 U.S. 1 (1982). authorizes
certain foreign mt:ionals to establish Texas residency for purposes of
payment of tuition at a state university in spite of the limitations
of section 54.057 3f the Texas Education Code. One of your examples
involves a German national, holding a NATOvisa, who resides in Texas
dl Texea. sulle 700 as a member of the German Armed Forces in accordance with the
llouslon, TX. 77w23111 Agreement between the Parties to the North Atlantic Treaty Regarding
71312235886 the Status of The:Lr Forces, June 19, 1951, 4 U.S.T. 1792 [hereinafter
cited as NATO Stetus of Forces Agreement]. The other example involves
s dependent of a llelgium national with au E-l visa who works for a
508 Brordway. Sulla 312
Lubbock. TX. 794013479
commercial firm ln this country. We conclude that, in spite of
2W747.5231) section 54.057, both of the foreign nationals In question have the
same privilege 85: a United States citizen to present evidence and
establish Texas rmidency for purposes of tuition.
4202 N. Tenth. Suite 8
Mo*llwl. TX. 78601.1585
512ma2~7 Section 54.01~7 of the Texas Education Code provides, in pertinent
pert, that
2w MeIn Pm& sulla ux) [a]n alien vho is living in this co&try under
San Antonlo. TX. 782Q52727
a visa permitting permanent residence or who has
512l2254191
filed wj.th the proper federal immigration authori-
ties a declaration of intention to become a
An Equal Oppot-WW citizen has the same privilege of qualifying for
Alflrmatlve AcMn Employer resident. status for fee purposes under this Act as
has a citizen of the United States. . . .
The federal Immigration and Nationality Act recognizes both
immigrant aliens and nonimmigrant aliens. 8 U.S.C. 51101 et seq.
(1982). Section 54.057 of the Education Code expressly allovs two
groups of immigrant aliens to qualify for resident status, namely,
those under a visa, permitting permanent residence and those who file a
declaration of Intention to become a United States citizen. It is
veil settled that the express mention or enumeration of a particular
p. 1083
Mr. Kenneth Arhworth - Page 2 (JM-241)
thing in a statute implies an express exclusion of all others. Cam
v. T is coming temporarily to the
United States as a participant in a program
designated by t’he Director of the United States
Information Agency. . . .
. . . .
(M)(i) an alien having a residence in a
foreign country which he has no intention of
abandoning who seeks to enter the United States
temporarily and solely for the purpose of pursuing
a -full course of study at -an established
vocational or other recognized nonacademic
institution. . . . (Emphasis added).
p. 1085
Fir. Kenneth Ashworth - Page 4 (JX-241)
Congress, however, hos