By SHIRA SCHOENBERG

and DAN RING

Illegal immigrants in Massachusetts will become eligible for in-state tuition at public universities and community colleges, based on an interpretation of a new federal law by Democratic Gov. Deval Patrick.

In June, Democratic President Barack Obama announced that the Department of Homeland Security will grant temporary relief from deportation to some illegal immigrants who immigrated as children and do not represent a public safety threat. The policy allowed the government to grant "deferred action" status to these immigrants, which means they would not be deported for two years and they would be granted work visas. The government has started accepting applicants for the program.

In a letter that Patrick sent to state Higher Education Commissioner Richard Freeland, the governor stated that under the administration’s interpretation of that law, illegal immigrants are eligible for in-state tuition at Massachusetts’ 29 public universities and community colleges.

In the letter, Patrick wrote that in light of the change in federal law, “I am advised by counsel – and I agree – that beneficiaries of the (Deferred Action for Childhood Arrivals) policy are eligible for in-state tuition under our existing rules and regulations. Therefore, I am directing you to advise the various public higher education campuses to take action accordingly so that this policy can be implemented immediately and uniformly across our 29 state campuses.”

Patrick wrote that the change in federal enforcement policy applies only to a small segment of the state’s immigrant population “and is no substitute for comprehensive immigration reform.” But he called it a step in the right direction.

“I have long supported allowing students who are living in Massachusetts and on a path to citizenship to be treated like other resident students when it comes to tuition rates on our public campuses,” Patrick wrote. “As I see it, this is a matter of basic fairness and economic competitiveness. Indeed, our Commonwealth is stronger when we embrace the talent, ideas and work ethic of all immigrants.

Patrick said he will continue to support legislation allowing all qualified Massachusetts residents to pay in-state tuition regardless of immigration status.

House Minority Leader Bradley H. Jones, a North Reading Republican, said he opposed the governor’s plan and called for it to be halted.

“The implementation of in-state tuition rates for illegal immigrants should be stopped immediately,” Jone said in a statement.

Jones said Patrick is attempting to usurp the power of the Legislature, which has voted against in-state tuition for illegal immigrants in the past.

“Instead of engaging elected officials from both political parties in constructive conversation and debate, he has put his interests, both politically and personally, above those of Massachusetts residents,” Jones said.

In its most recent vote on the issue, the Massachusetts House of Representatives in 2006 overwhelmingly rejected a bill to provide resident college tuition to illegal immigrants.

After about six hours of debate, the House voted 96-57 to defeat the bill to charge resident tuition rates at state colleges and universities for illegal immigrants who have been in the state at least three years and who agreed to seek citizenship.

Ira Rubenzahl, president of Springfield Technical Community College, said the college will probably get some additional students, though he could not predict how many. He said the school can accommodate the students, and the in-state tuition will be enough to cover any additional expenditures. Tuition rates vary by school, but in Springfield, an in-state student taking 15 credits, a full-time course load, pays $2,553 a semester, while an out of state student pays $5,808.

“We’re certainly here to serve them and help them move on with their education and get a better job,” Rubenzahl said. Rubenzahl called the decision “a win” for the students, the Commonwealth and taxpayers, since students who are able attend college will get better jobs and contribute to the local economy.

“The community college presidents have supported this in general for a long time because we believe that additional education benefits not only the individual but benefits the Commonwealth because of the increased wages that people ultimately earn,” Rubenzahl said.

Ed Blaguszewski, a spokesman for UMass Amherst, said the school has not taken a position on the merits of the policy, but will implement the regulations as they are set forth by state and federal policymakers.

Eva Millona, executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, said the group is "very excited" about the governor's directive. She said it will help many students.

"They are not taking anyone's seats," Millona said of the students who could benefit from the directive. "They are filling seats."

S. Paul Reville, the state's secretary of education, said Patrick's directive is very positive. "It's guidance on a new federal policy," Reville said.

Joe LeBlanc, president of the Massachusetts Community College Council, which supports 7,000 faculty and professional staff at the colleges, said the impact on the system “will be pretty slight.” “I can’t foresee there will be tens of thousands of new students coming to our schools,” he said.

LeBlanc said the union supports in-state tuition for illegal immigrants. “From our perspective, it’s high time,” he said. “These are kids who are in this country through no fault of their own. They’ve attended school…they have done quite well. It’s their intention at some point in time to qualify to become U.S. citizens. I think we ought to be doing everything we can do help them out.”

A Massachusetts Taxpayer Foundation study from 2011 estimated that each year, between 315 and 365 illegal immigrants would enroll in the state’s public institutions if they were eligible for in-state rates. (More students would enroll in community colleges than in public universities.)

Overall, the study predicted that it would be a net gain for the Commonwealth. In the first year, the study found that the state’s public higher education campuses would receive between $1.8 million and $2.1 million in new revenues, By the fourth year, new revenues from undocumented students would total between $6.4 million and $7.4 million. The study was based on the premise that currently, most illegal immigrants are not attending the schools, since they cannot afford it. So lowering tuition rates would encourage more illegal immigrants to attend. That study was based on the entire population of illegal immigrants in Massachusetts, while the numbers of those who obtain “deferred action” status under the new federal law and are actually eligible for in-state tuition would be a smaller subgroup of that.

Michael J. Widmer, president of the Massachusetts Taxpayers Association, said in an interview, “From a human point of view, an economic point of view and a taxpayer point of view it’s all positive.” Widmer said illegal immigrants “will now have an opportunity to get a college degree and become employed and in the process, generate taxes for the Commonwealth.”

However, there is still opposition within the state. Steve Kropper, co-chairman of Massachusetts Citizens for Immigration Reform, which supports further restrictions on illegal immigration, said he believes the policy encourages illegal immigrants to compete with poor people in America for jobs. He said the state should not be investing in educating illegal immigrants since they may not be able to get work visas when they graduate.

“Let’s focus on education for our own urban poor who in many cases desperately need public policy attention, desperately need resources,” Kropper said. “It’s an overall campaign to cater more towards illegal immigrants than it is to the poor Americans they displace.”

Kropper said he also disliked the way both Obama and Patrick went around the legislative branches of federal and state government to implement policies without getting backing from the public.

To qualify under Obama's order, illegal immigrants must have been brought to the United States before age 16 and must currently be younger than 30. They need to have been in the country for at least five years, have no criminal history and have graduated from a U.S. high school or earned a GED or served in the military. So far, the federal government has received nearly 300,000 requests and completed 53,000. The office of U.S. Citizenship and Immigration Services offices has only released state-by-state breakdowns for the number of applicants in the top 10 states. Massachusetts is not among them, which means that fewer than 5,886 illegal immigrants living in Massachusetts have requested deferred action status.

The tuition break results in a significant cost savings for students. At UMass-Boston, for example, in-state tuition and fees for an undergraduate cost just under $6,000, compared to $13,000 for a non-resident. At UMass-Amherst, in-state tuition and fees cost $13,200, compared to $26,600 for someone living out of state.

According to the National Immigration Law Center, 12 states currently let illegal immigrants pay in-state tuition: California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah and Washington.