Issue Brief
Robert Godfried
Title: Affirmative Action and Immigration Status- The Dream Act and Its
implications for In-state Tuition for Illegal Immigrants
Key Words: Affirmative Action, Illegal Alien, Residence Status, Immigration, The
Dream Act
Description:
My brief will cover the issue of immigration status and right to in-state tuition
offered for college. Illegal-Aliens Residing in a state, are not eligible for in-state
tuition to that states colleges and Universities based off of Section 505 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
Key Points:
-Illegal Immigrants cannot establish legal residence status within the U.S.
-Illegal Aliens born outside the United States but who have lived in the U.S. for most
their life including going to High School are not eligible for any state benefits to
attend a state university
-The Dream Act would allow undocumented immigrants who have grown up in the
United States and attended high school the ability to eventually qualify for federal
residence status and the benefits of attending a state school in-state.
-15 states have a version of the Dream Act implemented including New York
-An estimated approximately 2 million children could benefit from the
implementation of this Act.
Issue brief:
Affirmative Action has long been a contentious issue in the United States. It
was first signed into law by president John F. Kennedy on March 6th, 1965. When
President Lynden B. Johnson issued Executive Order 11246 it required government
employers to take “affirmative action” to “hire without regard to race religion, and
national origin”(U.S. Department of Labor Website). The purpose of affirmative
action, as outlined by the U.S. Department of Labor’s website, is to promote the
opportunities of defined minority groups within a society to give them equal access
to that of the majority population. In my paper I will be looking at the benefits
denied to illegal immigrants who have lived in the United States from a young age
(aka Dreamers) who want to attend college. Specifically, I will be looking at the
prohibition (By Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) of illegal immigrants from receiving in-state tuition
costs from state colleges within the state they reside in and legislation to address
this issue.
In 1996, Bill Clinton began a push for immigration reform and much of the
legislation he passed ensured basic rights for illegal immigrants living in the United
States. However, in order to placate opponents of immigration reform, he was
forced to allow Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act, to be in the bill. Section 505 stated that “an alien who is not
lawfully present in the United States shall not be eligible on the basis of residence
within a State (or a political subdivision) for any postsecondary education benefit”
(Public Law, IIRIRA, Section 505). This provision prevents illegal immigrants from
being able to declare resident status within a state and therefore denies them instate benefits from attending a public university.
http://blogs.reuters.com/gregg-easterbrook/2011/10/10/a-realistic-dream-act-for-all/
Currently, of the millions of illegal immigrant children, who attend high
school and graduate, only 5-10% are estimated to attend college (compared to
about 75% of their classmates) (Gonzalez). This issue has recently drawn national
attention as this population of “Dreamers” has taken to the political stage and
demanded action. The right of “Dreamers” to college benefits is an issue that is being
debated hotly across the Country and many politicians are weighing in on the issue.
Rick Perry, the governor of Texas is very vocal in his opposition to any legislation
that may extend college benefits to “Dreamers”. However, Texas is one of the 10
states that have a law allowing illegal immigrants residing within the state of Texas
to attend state schools with in-state tuition. This cleavage, between states that offer
this benefit and those that don’t is quite profound because it is not split along red or
blue states, but along states in which there has been enough advocacy by immigrant
groups to get the law approved. These continuous immigration battles speak to the
importance of the issue to the American public as the “Dreamers” make up more
than 2 million people in the United States (The Dream Act in Numbers). However,
because the “Dreamers” represent such a large population that lives across the
Untied States, they require national legislation in order to address this issue fully.
http://unitedwedream.org/dream-act-numbers-infographic/
The Dream Act is a bipartisan legislation that attempts to help address the
issues that would prevent an immigrant student from being able to attend college in
the United States. Specifically, The Dream Act would permit certain immigrant
students who have grown up in the United States to apply for temporary legal status
and to eventually obtain permanent legal status and become eligible for U.S. service
if they go to college or if they serve in the U.S. military. The Dream Act would also
eliminate a deferral provision that penalizes states that provide in-state tuition
without regard to immigration status (The Dream Act Website).
http://www.bataraimmigrationlaw.com/dream-act-not-immigration-amnesty.html
The Dream Act has the ability to give millions of “Dreamers” who live in the
United States a chance to improve themselves and eventually to contribute to the
United States. If this legislation is passed, it would incentivize immigrants to go to
college and become full tax-paying residents of the United States, which would not
only contribute to the government tax base but would ensure a more robust work
force and a more versatile economy.
Works Cited
Gonzales, By Roberto G., and With A Foreword By Marcelo M. Suárez-Orozc. "Young Lives
on Hold: The College Dreams of Undocumented Students." Young Lives on Hold: (n.d.):
n. pag. College Board. College Board Advocacy, 2009. Web.
HACU. "The Case for the DREAM Act." HACU (n.d.): n. pag. HACU, 2003. Web.
Miranda, Luis. "Get The Facts On The DREAM Act." The White House. The White House, 01
Dec. 2010. Web. 21 Apr. 2015.
30, 1996 Public Law 104–208—Sept., and 110 Stat. 3009. "DIVISION C—ILLEGAL
IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF
1996." PUBLIC LAW 104–208—SEPT. 30, 1996 110 STAT. 3009–546 (n.d.): n.
pag. Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 1996. Web.
"Who and Where the DREAMers Are." Who and Where the DREAMers Are. Immigration
Policy Center, 2012. Web.