The California DREAM Act of 2011 Essay

Approximately 200,000 to 225,000 undocumented immigrants enroll in American institutions of higher education and represent 2 percent of all students in college (Suarez-Orozco, Katsiaficas, Birchall, Alcantar, & Hernandez, 2015). Undocumented students have low rates of enrollment to programs of higher education in comparison to documented students. When undocumented students begin college, they go through struggles to adapt and assimilate to college life. As a result of feeling disconnected to the campus they attend, undocumented students may look for different options for support, such as clubs and centers offered for students. In recent years, there have been legal changes set in place to support the success of undocumented students enrolled in higher education, which include in state tuition, financial aid, and scholarship opportunities. These changes have given undocumented students more choices and access to

In “Undocumented students’ Access to College: The American Dream Denied,” Chavez, Soriano and Olivia (2007) have stated that millions of students who live in United States are undocumented immigrants; most of them come to U.S at a very young age. They completed their high school and achieved great academic success, some of them even got admitted by well know universities. From 2002 onwards , Assembly Bill 540 (AB 540) , authorized by the late Marco Antonio Firebaugh , allows any student who has completed three years high school, and received a high school diploma or equivalent in California, regardless of their immigration status, are legally allowed to attend colleges and universities (Chavez,Soriano and Oliverez 256).Even though they are eligible to apply and be admitted to universities, but they are not eligible to apply for federal financial aid, without the help of financial aid, it is extremely difficult for them to afford tuition. In this case, it severely limits undocumented student’s chances for upward mobility.

If you were to ask the seniors in my class what their plans are after high school, a majority of them will tell you college. Some will attend UCs, others CSUs, and some will attend community college.Some attend community college because their legal status hinders them to attend a four year university right away, but at community colleges that is not the case. As an AB540 student living in California, going to college is already an obstacle that has had some relief, California allows undocumented students to receive state aid and loans, one form of this type of aid is the BOG fee waiver, making students in financial need to have a tuition free community college experience. Most states already

Being an undocumented college student can be very difficult, there are many economical and emotional barriers. College tuition doubles when you are undocumented and must be a resident of the state you’d like to attend school in. Some schools require you to be US born in other to attend the school. Fortunately, Deferred Action for Childhood

Undocumented students have a harder time trying to pursue a higher education; this is due to the fact that they cannot receive federal aid. College is like a safe haven for these undocumented students. Higher education gives undocumented students the opportunity to better themselves as individuals. Higher education also allows undocumented students to pursue a better life for themselves and for their family. Every year over 65,000 undocumented students graduate from high school in the United States (Gray). Experts estimate that fewer than 6,500 of those undocumented students actually go on to attend college (Sheehy). One reason for why the amount is so low is because college is expensive for these undocumented students. Undocumented students are unable to achieve any of these goals, that is, unless they receive federal aid. It is sad to see undocumented students give up on their dream to attend college and get a higher education.

The Dream Act, the Development, Relief and Education of Alien Minors Act is a bipartisan legislation pioneered by Sen. Orin Hatch [R-UT] and Sen. Richard Durbin [D-IL].The undocumented students will granted a conditional legal status. Within the 6 years the student must be able to obtain a degree from a four year university. After the 6 years passes the conditional status becomes a legal American citizen. The following is the detailed qualification process obtained from the official web site of the dream act:

There are around 11.7 million illegal Mexican immigrants living in the United States. Today many of the teenagers of those immigrants are obtaining a free access to college education. [How are the illegals obtaining (getting) access to the free college?] On average a college education would cost a legal citizen going to a four-year college, which doesn’t include books, transport, and personal expenses can range from $107,000 to around $370,000. For example, there is a teenager named Indira Esparza, an illegal immigrant, graduated from University City in San Diego, California. She was able to secure a spot attending an expensive and exclusive private school, that is for the elite, with a full scholarship, $10,000 and other material. Esparza does not have to pay for books, transportation, and

Today there are twenty states that offer in-state tuition for unauthorized illegal immigrants. The path to becoming such states has been a difficult one; furthermore, only sixteen of these states have achieved in-state tuition for illegal immigrants by taking legislative action. The other four states allowed the universities autonomy developing their own system and guidelines (Undocumented, 2014). Arguments from opposing side generate authoritative statements. The opposing voices argue in-state tuition is only a magnet for illegal immigrants and unfair for American students from other states to pay higher tuition than illegal aliens. Supporters claim in-state tuition opens a door to a more educated society and ultimately states should protect the investment already made since childhood. In my opinion immigrants should be offered opportunities, but not at the expense of others.

In June 2012 the Obama administration announced the creation of the Deferred Action for Childhood Arrivals (DACA) program. The program grants deferred action (protection from deportation) and work authorization to certain young unauthorized immigrants who came to the United States as children, have pursued an education, and have not committed serious crimes or pose no national security threat (Hipsman, Faye, and Doris Meissner, 2014). Individuals who are granted DACA status are considered as being "lawful presence," regardless of their citizenship which makes individuals eligible for driver's licenses and other state-determined benefits where states choose to grant them (Adams, Angela, and Kerry S. Boyne, 2015). The individuals who apply to DACA have to go through intense background checks, which includes fingerprint analysis, to make sure the individuals are safe for society. For all purpose DACA students are one step closer to legal status and have been deemed to be helpful to society. Many opponents of in-state tuition for undocumented students claimed that because the students could not legally work the state would lose money, however DACA has changed things forever. Now the DACAmented students can get jobs and pursue the careers they studied for in college (Adams, Angela, and Kerry S. Boyne, 2015). According to Migration Policy Institute, it is estimated that 1.7 million individuals are eligible for the DACA program. As of March 2013, the program's rolling application process has seen 469,530 requests and USCIS has approved 245,493 cases (Hipsman, Faye, and Doris Meissner, 2014). These immigrants pay taxes (i.e, sales taxes) and now they are working legally, which means more revenue for the state in both wage and sales taxes. The third policy alternative would ease the worries of anti-Texas Dream Act in the respect that the students

The DREAM Act provides relief for immigrants who cannot afford to pay the out-of-state or international fees for college tuition. There are certain conditions that are in effect to limit the number of immigrants eligible for this act. “The conditions are that the student will have to take a temporary six year residency and within those six years, he/she would have to either be in a two year bachelor’s degree program in college or serve in the Military or any of its affiliates for two years” (Nick section 3). In the US, alien minors can only obtain permanent residency through their parents. If their parents came to the US illegally, there is no possible way they can achieve this. Even if they decide to go back to their country of origin, they cannot get a documented status nor could they come back to the US for ten years. The DREAM Act

Many felt like their door is closed because of being undocumented, and some abandon their American dream and gave up hope (Shelepov, n.d.). To challenge the constitutionality of this law and provide equal opportunities for all students, several states decided to establish their own immigration legislation to allowed undocumented students’ access to in-state tuition rates and eligible for certain scholarships or state financial aid. For instance, California, Illinois, Kansa, Maryland, Nebraska, New Mexico, New York, Texas, Utah, Washington, and Wisconsin help undocumented students afford to attend college by paying the same college tuition as other residents (The DREAM Act, 2010). The state of California created their own DREAM Act that allowed undocumented students to received reduced in-state tuition at public colleges and universities. They can also receive in-state financial support such as Cal Grant A, B, or C only if undocumented students apply, meet certain requirements and submit an application (DREAM ACT (n.d.). The state of California also provide extending loans if undocumented students have financial need. The dream is coming true for many undocumented students as some states have already made it possible for them to pursue their college

The first state to adopt a law allowing undocumented immigrants to pay in-state tuition rates at public universities was Texas. This law is so-called “The Dream Act.” To qualify for this act an immigrant student must have graduated high school or received a GED in Texas, must live in the state for three years, and sign an affidavit confirming that they are seeking legal residency. According to the Education Commission of the States, since 2001, Washington, Utah, Oklahoma, New York, New Mexico, Kansas, Illinois, and California have adopted similar laws. Some conservative Texas legislators have filed to repeal The Dream Act. Their opinion is that it is unfair to legal U.S. citizens from other states that are required to pay out-of-state tuition. This act also requires taxpayers to pay higher education costs for undocumented immigrants. Others argue that many come to America through no choice because their parents illegally came to the country. They believe it is unfair to punish the students for their parents’ decisions. Bills that have tried to take away the Texas Dream Act have failed thus far. ("Tribpedia: Dream Act | The Texas Tribune." The Texas Tribune. N.p., n.d. Web. 24 July 2015.)1

Granting resident tuition rewards undocumented students and their families rewards them for breaking the law and takes away enrollment slots from legal citizens and immigrants. (NCSL). In addition, it would make undocumented students stay in the U.S illegally after their work visas have expired or to migrate illegally. Another opposition, would have to be the fact that it costs too much. Tax dollars would have to be increased and used in order to support undocumented students. Lastly, their employability rate would not increase at all even when having college. A 2005 Wall Street Article depicted the grim situation facing undocumented Texas students that leaves them with a degree but no job. (NCSL).

In 2001 California and Texas put legislation in place so Undocumented Students can receive in- state tuition rates. There are some requirements for students to receive the rates. Undocumented students must live in state and attend high school for a specified period (1-4 years), and graduate or receive their GED. Students must be accepted to a public college or university,and must show proof that they are going  to file for legal immigration status.Currently, California, Colorado, Connecticut, Florida, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Mexico, New Jersey, New York, Oregon, Texas, Utah, Oklahoma, Rhode Island and Washington allow undocumented students to receive in- states tuition rates.

As I kept researching, I came to a realization that improving college affordability is a bigger priority as the faltering economy and limited-skill jobs are on the rise. In the case Plyler vs Doe, they described education not a fundamental right but rather that it was “…pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage.” (NSCL). However, the requirement to receive instate tuition is based on high school attendance and graduation rather than residency eligibility. Therefore it’s in compliance with the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Making college more affordable for undocumented immigrants not only pushes them to graduate high school, but to strive for