The DREAM Act: A social justice imperative
AVID Southern California Training
Presentation by Dennis Lopez, M.Ed., Educational Equity Consultant
Volunteer & Co-Founder of the Leticia A. Network 1985-2011
Thursday, July 28, and Tuesday, August 2, 2011
San Diego, CA
Contact Dennis Lopez at
dennislopez2005@yahoo.com
or (951) 204-8499
1
Plyler vs. Doe, 1982
U.S. Supreme Court Decision regarding the education of
undocumented immigrant children residing in the U.S.
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The U.S. Supreme Court ruled in Plyler vs. Doe, 1982, that undocumented
children in the United States had a right to a public education from
Kindergarten through the 12th grade.
The U.S. Supreme Court concluded that children who were brought to this
country through no fault of their own would be relegated to a permanent
underclass in the United States if they were to be denied access to a public
school education K-12 due to their undocumented immigrant status.
As a result of this ruling, undocumented children can attend public schools
without having to pay tuition. Unfortunately, the right to public higher
education was not extended to undocumented immigrants residing in the
U.S. by the ruling in Plyler vs. Doe.
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
2
Leticia A. vs. UC Regents & CSU Trustees, 1985
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In 1985, the San Francisco Lawyers Committee on Civil Rights, META, MALDEF, and
other civil rights organizations won a class action lawsuit requiring campuses of the
UC and CSU to classify students as state residents consistent with the definition of
state residency in the California Education Code without discriminating based on
federal immigration status. California students who could prove they lived in the
state for at least a year and a day qualified for California state residency. This ruling
enabled undocumented immigrant students to be eligible for in-state tuition and for
state forms institutional financial aid. Note that the California Education Code
definition of state residency has been changed since 1985.
Although not a party to the Leticia A. litigation, the California Community College
Board of Governors and the California Student Aid Commission each voted to follow
the terms of the ruling. Consequently, undocumented immigrant students who lived
in California a year and a day were classified as state residents in the California
Community Colleges and for the Cal Grant scholarship programs as well from 19851991.
To contact Dennis Lopez:
dennislopez2005@yahoo.com or (951) 2048499
3
Changes in undocumented student college access policy, litigation, & legislation in California
1991-2011
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In 1991, the in the ruling in the case of Bradford vs. the UC Regents, a state court judge ruled that the UC system could no
longer classify undocumented immigrant students as residents of California for tuition purposes.
In 1992, the ruling in the case of Association of American Women vs. the California State University Board of Trustees, ruled
that campuses of the CSU could no longer classify undocumented immigrant students as state residents for tuition purposes.
In 1994, Californians passed Proposition 187, the Save Our State Initiative, which sought to deny undocumented persons
access to the public schools and health care. Furthermore Prop 187 sought to require educators, health care professionals,
and public safety personnel to report those who they “suspected” of being undocumented to the Immigration and
Naturalization Service. Most provisions of Proposition 187 were found to be in violation of the U.S. Constitution.
From 1991 to 2001, undocumented immigrant students in California were again assessed out-of-state tuition and denied
access to state financial aid. This classification foreclosed their possibility of low income undocumented immigrant students
access to higher education in California.
In October 2001, Governor Gray Davis signed AB 540 (Firebaugh) into law enabling undocumented students who have
attended high school in California for at least 3 years, graduated, and sign an affidavit promising to legalize their status-”as
soon as possible”, their out-of-state tuition can be waived. Unfortunately, AB 540 did not provide access to federal, state or
institutional public sources of financial aid.
In 2011, California State Assemblyman Gil Cedillo has introduced two bills known as the California DREAM Acts. One of which,
AB 130, would enable qualified students to gain access to scholarships administered by public colleges & universities, was
signed into state law by Governor Jerry Brown on Monday, July 25, 2011. The other bill, AB 131 would provide eligible
students with access to the Cal Grants. AB 131 is currently being held up in the California State Senate Appropriations
Committee. IT IS CRITICALLY IMPORTANT that AB 131 be taken out of the SUSPENSE FILE and passed by the STATE
LEGISLATURE so Governor Brown can sign it into state law.
dennislopez2005@yahoo.com
or (951) 204-8499
4
IRCA & Leticia A. Alumni:
Proof that Congress should pass the DREAM Act
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In 1986, President Ronald Reagan, former Governor of California, signed the
Immigration Reform and Control Act (IRCA). This law enabled nearly 3 million
persons in the U.S. who had been undocumented to legalize their immigration
status. (Please see the research report of UCLA Economist – Dr. Raul HinojosaOjeda at: http://www.immigrationpolicy.org/special-reports/raising-floor-americanworkers)
The combination of the Leticia A. ruling that had provided access to California
higher education, and IRCA legalization, provided thousands of formerly
undocumented immigrant students with the opportunity to legalize their
immigration status, to access colleges and universities, earn college degrees, and
become professionals of every sort. I refer to these individuals as Leticia A
Alumni. These Leticia A. Alumni now pay more in taxes, earn higher incomes, and
contribute to society as professionals. Leticia A. Alumni ARE THE LIVING PROOF in
the need for the federal DREAM Act and the California DREAM Act.
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
5
The Leticia A. Network 1984-2011
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In the early 1980’s a group of low level college & university employees of the UC, CSU,
California Community Colleges, and private colleges Outreach and Admissions programs, along
with some high school counselors, saw the discrepancy between the mission of k-12 schools
and the mission of public higher education and established the Leticia A Network.
Several of these educators began inquiring about this inconsistency in policy within the UC,
CSU, Community Colleges, public schools, and began to search out legal advice. At that time
public interest law firms including the Mexican American Legal Defense and Education Fund
(MALDEF) were preparing a class action lawsuit to address this problem. These educators
referred families of undocumented students to MALDEF and the San Francisco Lawyers
Committee on Civil Rights and theses students, including Leticia A., became name plaintiffs.
Over the past 27 years educators in the Leticia A. Network have continued to advocate for
undocumented immigrant access to California higher education.
To contact Dennis Lopez:
dennislopez2005@yahoo.com or (951) 2048499
6
State Legislative Efforts
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State Assembly Bill 540 (Firebaugh, 2001) enabled undocumented immigrant
students who attended a California high school for at least 3 years to be classified
as state residents. Unfortunately eligibility for state financial aid was not included in
this legislation.
California Dream Act legislation: State Assembly Bill 130 (Cedillo, 2011) & State
Assembly Bill 131 (Cedillo, 2011) were introduced in January 2011. These bills
would have enabled low-income undocumented immigrant students who have
studied in California high schools for 3 years will be eligible for state sources of
need based financial aid.
The California Supreme Court heard a challenge AB 540, Martinez et al., vs. UC
Regents, 2009, and, in a 7-0 decision, upheld this legislation.
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
7
THE DREAM Act
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In 2003, U.S. Republican Senator Orrin Hatch and U.S. Representative
Christopher Cannon, both of Utah, were among the original Co-Authors of
the DREAM Act which would have provided a pathway to citizenship for
undocumented immigrant students who attending colleges and universities
in the United States.
On May 11, 2011 Democratic Senator Richard Durbin reintroduced the
DREAM Act in the U.S. Senate (S. 952). In addition to providing a pathway
to permanent residency for previously undocumented immigrants from 18
to 35 years of age who enroll in college for at least two years, this bill
includes an option to permanent residency for undocumented immigrants
who enlist in the armed services.
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
8
Peaceful Organization and Advocacy of Undocumented
Immigrant Students in California and around the nation
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Continued commitment to advocate for the DREAM Act and for
comprehensive immigration reform with national, state, and local civil rights
groups, immigrant rights groups, educators, and civic leaders.
Lobbying efforts in United States Congress, state legislatures, colleges and
universities, and municipalities.
Press conferences, television appearances, phone call campaigns, marches,
and teach-ins.
Sharing of scholarship information, forming housing and transportation
cooperatives, food banks, book loans, and peer tutoring peer mentoring.
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
9
Supporters of the DREAM Act
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President of the United States, Barak Obama
http://www.whitehouse.gov/blog/2010/11/29/whats-going-with-dream-act
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Former U.S. Secretary of State, former Chairman of the Joint Chiefs of Staff, Colin Powell (U.S.
Army General – Retired):
http://colorlines.com/archives/2010/09/colin_powell_talks_up_dream_act_and_urges_gop_to_rethink_immigration.html
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U.S. Secretary of Education, Arne Duncan
http://www.ed.gov/news/media-advisories/secretary-education-arne-duncan-hold-call-dream-act
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The College Board:
http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students
http://www.collegeboard.com/press/releases/204864.html
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39 U.S. Senators were co-authors of the September 2010 DREAM Act
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128 Members of the House of Representatives were co-authors of the DREAM Act
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
10
What can you/we do?
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Respect and protect the privacy of student undocumented immigrant status.
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Identify sources of low cost/no cost immigration counsel.
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Refer students (and their parents) to low-cost/no cost immigration attorneys.
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Educate yourself on the issue of the DREAM Act & comprehensive immigration reform.
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Advocate for legislation for humane – comprehensive immigration reform, the DREAM Act, and against anti-immigrant,
punitive legislation in Congress. An example of harmful legislation currently being considered in Congress is the HALT Act
(Smith/Vetter). This Advocate for state & local legislation that offers positive solutions for the plight of undocumented state
residents and against anti-immigrant punitive legislation.
Advocate for undocumented immigrant students in your district, union, church, and/or professional organization.
Contribute to food banks, book loans, teach-ins, forums to aid undocumented immigrant students who are studying at local
colleges and universities.
View November 15, 2010 - ABC News Coverage on the DREAM Act at:
http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
11
Selected Related Reading
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Chacon, Justin Akers & Mike Davis. (2006). No One is Illegal: Fighting Racism and State Violence on the U.S. – Mexico Border. Haymarket Press:
Chicago, Illinois.
Chavez, Leo, R. (2001). Covering Immigration: Popular Images and the Politics of the Nation. University of California Press: Berkeley, Los Angeles and
London.
Chavez, Leo, R. (2008). The Mexican Threat: Constructing Immigrants, Citizens, and the Nation. Stanford University Press: Stanford, CA.
Gandara, Patricia and Frances Contreras. (2010). The Latino Education Crisis: The Consequences of Failed Social Policies. Harvard University Press:
Cambridge, MA.
Lopez, Maria Pabon, and Gerardo Lopez. (2010). Persistent Inequality: Contemporary Realities in the Education of Undocumented Latina/o Students.
Routledge: New York, NY.
Olsen, Laurie and Marcia Chen. (1988). Crossing the Schoolhouse Border: Immigrant Students in California Public Schools. California Tomorrow: San
Francisco, California.
Olsen, Laurie. (1997). Made in America: Immigrant Students in Our Public Schools. New Press: New York.
Suárez-Orozco, Carola, Suárez-Orozco Marcelo, and Irina Todorova. (2008). Learning a New Land: Immigrant Students in American Society. Belnap
Press of Harvard University Press: Cambridge & London.
Suarez-Orozco, Marcelo. (1989). Central American Refugees and U.S. High Schools: A Psychosocial Study of Motivation and Achievement. Stanford
University Press: Stanford, California.
Valencia, Richard, R. (2008). Chicano Students and the Courts: The Mexican Legal Struggle for Educational Equality. New York University: New York,
NY.
Vernez, Georges, Kopp, Richard and C. Peter Rydell. (1999). Closing the Education Gap: Costs and Benefits. Center for Research on Immigration
Policy/RAND Education: Santa Monica, California.
Zuniga, Victor and Ruben Hernandez-Leon. (Ed.s). (2005). New Destinations: Mexican Immigration in the United States. Russell Sage Foundation:
New York.
dennislopez2005@yahoo.com
or (951) 204-8499
12
Selected Web-sites for Immigrant
students and their counselors
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American Civil Liberties Union--http://www.aclu.org/California Rural Legal Assistance Foundation: http://www.crlaf.org/
California Rural Legal Assistance Foundation: http://www.crlaf.org/
CHIRLA: the Coalition for Humane Immigrant Rights of Los Angeles--http://www.chirla.org/
Immigration Impact--- http://immigrationimpact.com/
Mexican American Legal Defense and Educational Fund—http://www.maldef.org
National Coalition of Advocates for Students---http://www.ncas1.org
National Council of La Raza—http://www.nclr.org
National Immigration Law Center-- http://www.nilc.org/
People for the American Way: The DREAM Act/Student Adjustment Act Brief: What is at stake?
http://www.pfaw.org/pfaw/general/default.aspx?oid=14845#1
Public Policy Institute For California: http://www.ppic.org/main/home.asp
Salvadoran American Leadership and Educational Fund (SALEF)-- http://www.salef.org
Ideas for Change: Pass the DREAM Act: http://www.change.org/ideas/view/pass_the_dream_act_now
United We Dream: Sign the Petition: http://dreamact2009.com/index.html
The DREAM Act Portal: http://dreamact.info/
DREAMActivist: Undocumented Students Action and Resource Network FAQ’s:
http://www.dreamactivist.org/faq/
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We Are America: DREAM Stories: http://www.weareamericastories.org/stories/dream-stories/
Senator Richard Durbin (IL) & Senator Harry Reid (NV) on the DREAM Act [from Senator Durbin’s official website]
:http://durbin.senate.gov/watchClip.cfm?clipId=ea4e2ad2-99dc-4eea-ad7e-3afbbcd3f517
To contact Dennis Lopez:
dennislopez2005@yahoo.com
or (951) 204-8499
13