Virginia is making children of illegals pay for the choices of their parents. I imagine that many illegals come to this country and think that if a child is born here, he or she will automatically be an American citizen, entitled to the full set of rights and perks. The Old Dominion figured that one out and decided that your choice to break the law will affect your child. They will not be entitled to in-state tuition for Virginia colleges. The Washington Post tells us the tale of Nelson Lopez.

When Nelson Lopez applied to Virginia colleges this year, it never occurred to him that he might not be considered a state resident. After all, he has lived in the state since he was a baby, holds a voter registration card and will graduate this spring from an Alexandria high school. Then last month, he got an e-mail from the University of Virginia: If he wanted to be considered an in-state student, he had to prove that his parents are in this country legally. Lopez, 18, was born here -- he's a U.S. citizen. But his parents are illegal immigrants.

According to Republican Attorney General Bob McDonnell, who is elected separately from the Democrat Governor, Tim Kaine, it is because college kids are considered dependents until they are 24, so it is their parents in-state residency at issue, not the child's. Illegal immigrants are not legal residents. There is an exception.

The attorney general's memo emphasized that state law allows exceptions on a case-by-case basis, if students 18 or older can offer convincing evidence that they should be considered separately from their parents.

To me, this issue gets hung up on the American-born citizenship issue. I disagree that just because a person is born here of illegal parents, he should automatically be an American citizen. That is a huge incentive for the parents to come here and have their kids. Indeed in border towns such as El Paso, Texas, women specifically come to the hospitals 9+ months pregnant to get the good, free medical care and, more importantly, have an American child. Nevertheless, the law is that a kid born on U.S. soil is an American and I have a hard time denying those people in-state tuition. I don't have any problem denying in-state status to children of illegals who were not born here. They get no break. But America takes care of her people, and these Americans should get a break.