Undocumented Students
Further Education for Undocumented Students The United States has always had a strong presence of immigrant populations, in almost every state of developing as a country. Citizens of various countries, step on American soil in search of the American Dream. This dream consists of better conditions for immigrants, and their families. For the most part, immigrants from Mexico and Central America have been moving north, away from the corruption and poverty of their home. One can even say, this country was founded on the concept of immigration. The pilgrims left England, running away from oppression with hopes of a better life. Similarly to the pilgrims, people who immigrate to this country seek a better life. Modern immigrants hold the same idea, in a much different time. The government has taken action towards this issue for a long time, establishing laws to try and control the ingress of undocumented illegals. In recent
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times there have been laws passed to benefit immigrants, such as The Immigration and Nationality Act of 1965. (Alden 109) This allowed people who were established legally in the U.S, to petition family members, so that illegal individuals would be put on the path to citizenship. Another example, would be The Immigration Control act of 1986, this was iconic; it granted many illegal immigrants a legal status. Close to three million working immigrants, now had the chance to stay in the country and help their families also become legal residents. (Alden, 110) Four years later, a visa was created so foreign students with a superb academic record could have the chance of attending American colleges. (Alden, 110) With the availability of many different visas, one might think studying in the United States as a foreign student is not an issue but, due to the amount of illegal immigration in previous generations, many children of illegal immigrants are now graduating high school, with hopes of pursuing a career. Unfortunately, things have not looked very positive for undocumented students in recent years. The problem at hand is that most students have been in a certain state of the United States for at least twelve years, completing basic education. After completing diploma requirements, these students are facing problem after problem, in search of higher education. In some states, undocumented students are not allowed admission to public universities and colleges. Other states, are charging students the out of state tuition. (Nguyen, Serna 126) This is unfair, because as mentioned earlier, most students have been in the the same state for at least twelve years; they have been through the same courses and requirements as the average American student. They are undocumented, but this does not mean they will not excel academically. On the contrary, just because a student is legal does not mean he or she will do well in school. While programs to help undocumented students do exist, they are not nationwide. The last time there was an immigration reform was 1986, exactly 30 years ago. In 1965, one of the first laws witch negatively affected undocumented students was passed.
The Higher Education Act of 1965. According to an article written by Jeannette Diaz and Kim Eunyoung as part of the 2013 ASHE Higher Education Report titled Undocumented Students and Higher Education, “this act provides citizens, legal permanent residents, asylees, and refugees with the possibility of federal financial aid to help pay tuition and fees associated with attendance at a two-year and/or four-year postsecondary institution, undocumented students are denied the opportunity to apply for federally funded loans and grants”. This is the problem; many well rounded students are not being given the same opportunity, simply based on the fact that they have not acquired a legal status in the United states. 41 years have gone by (1965), and the situation remains much unchanged. As mentioned previously, some states neglect awarding financial aid to undocumented students. Other states, completely prohibit the entrance of undocumented students as a
whole This is primarily due to two bills passed by the Clinton administration during 1996. Both laws concern the distribution and use of public benefits, limiting access to undocumented students. The first bill passed called the Illegal Immigration Reform and Immigrant Responsibility Act, prohibits access to benefits for anyone who does not reside in the United States in a lawful manner. This bill mentions financial aid, but nothing specific about actual admission to university; as a consequence to lack of specifics, various states began prohibiting the entrance of undocumented students, when the bill never mentioned anything about not giving people access to a postsecondary education. The bill concerned the funding to attend school, not the institution itself. The law specifies limited access to financial aid, in the case of undocumented students. According to Diaz and Eunyoung, section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act states: an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state ... for any postsecondary education bene t unless a citizen or national of the United States is eligible for such a benefit (in no less amount, duration, and scope) without regard to whether the citizen or national is such a resident. (Diaz, Eunyoung 81) That same year, Clinton passed another law. When the previous law concerned only educational benefits, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 expanded on the first bill signed. This law passed, completely shut the door on not just illegal students, but illegal immigrants in general. According to the same article, in section 1621 of this bill states: . . an alien ... is not eligible for any State or local public benefit. ... the term state or local public benefit means ... any retirement, welfare, health, disability, public or assisted housing, education aid, or food assistance, unemployment benefits, or any other similar ben- e t for which payments or assistance are provided to an individual, household, or family ... by an agency or state or local government.
This prohibits any illegal individual from being eligible for any sort of government benefit. The misunderstanding of the two pieces of legislation, makes it nearly impossible for students to attain a higher education. On top of limiting access to benefits such as federal financial aid a student can still acquire financial aid, as long as it is funded by the state. Tuition is also an affected. As most people know, attending college out of state is monumentally expensive. College in general can be very expensive both in state and out of state, but when a student leaves his home state, tuition can clime up to four or five times the local tuition. The problem is, most students have been residing in the same state for at least twelve years. It is having a very negative affect on future generations. It is unacceptable to have a local student who has a considerable academic presence, pay four to five times the local tuition. While some states have began allowing in-state tuition rates for undocumented students, the issue is far from solved. There are plenty of ways to approach the issue, as demonstrated by the IIRIRA and
PRWORA. Instead of pushing away these students, they should be incorporated into the education system. This should be done in a manner, where the student is eligible for the program based on how long the individual has been in the American education system; the academic history of the applicant should also be taken into account as well. Something similar has been proposed, but the country is in turmoil with regards to signing such bill. Due to the massive task at hand, the government has been hesitant to do such thing. It is a very big task, but it would be beneficial to various aspects of the country. Undocumented students also deserve a chance to become educated, and be someone of positive impact to society. Recently, the Obama administration put forward a program in order to assist undocumented students; this program is formally known as the Deferred Action for Childhood arrivals, finally. This is one of the first steps to giving undocumented students access to a higher level of education. Although this program does not offer a path to citizenship, it is a step in the right direction. Advancements such as, the addition of this program have been made since the Clinton administration, nevertheless the problem of inaccessibility remains alive throughout the country. According to Diaz and Eunyong: in 2009, the North Carolina State Community College Board voted to grant undocumented students access to the state’s community colleges. However, the board did not grant undocumented students in-state resident tuition rates. While the 2011 in-state tuition rate at North Carolina’s community colleges was $66.50 per credit hour ($1,064.00 maximum per semester), out-of-state tuition was $258.00 per credit hour ($4,136.00 maximum per semester). (Diaz,Eunyoung 82)
This confirms how much higher out of state tuition is, compared to the tuition offered to local students. This is done without regard to the length of the stay of the individual in this country. Again, this is the major is problem is the inaccessibility undocumented students experience, when applying to a college or university. This hardship also comes along with the anxiety and fear of being deported. These students should not have to worry about those types of things. They too deserve the same access to higher education as a legal resident. In the end, the fact that a student is undocumented should not matter because they want what any other student wants, a higher education. Attending college is an investment; this investment will give students the upper hand when looking for a job. Technically, knowledge is easily accessible through the internet, but the knowledge acquired is not recognized by an important institution. This is why so many students graduate with a desire to attend some sort of college or trade school. Not for the knowledge, but for the recognition of the knowledge, adding credibility to the individual. It is almost impossible to accomplish this for undocumented students, as they too seek recognition and success.
This is the Dream Act would come into play, offering undocumented students access to American education. The Development, Relief, and Education for Alien Minors Act, would allow undocumented students to attend local colleges without the massive hike in out of state tuition. This would give the students a chance to participate in the country, which they have been part of for so long. the DREAM Act, is a federal education legislation act that, if passed by US Congress and signed into law, would provide a path to permanent residency for many young people who currently have alien status Various versions of this bill have been floating around in the congress since 2001. The bill has not been acted upon yet, simply discussed; the Dream Act remains nothing but a possibility. Supposing a bill of such magnitude is given the green light, millions of students would be positively affected. (Flair, n.pag)
Passing a bill such as the dream Act, would greatly improve the issue of inaccessibility for undocumented students. According to an article written in the Salem Press Encyclopedia by Isaiah Flair, in September of 2013:
The DREAM Act establishes multiple conditions for granting permanent residency status to alien minors. First, the minors must have excellent moral character. This is generally understood that they have not committed any crimes. Second, they must have either graduated from a US high school or obtained their GED certificate in the United States. Third, they must have first moved to the United States as a minor and lived there for at least five years prior to the DREAM Act becoming law. (Flair n.pag) only certain students would qualify for this program. These conditions set things up to eliminate students who might not be as serious toward their education. Qualifying students will be just as prepared as a legal student, this bill would be like applying for a colossal scholarship, upon high school completion. This program, will not only grant students full access to education, but also legal status. If this is passed, students who had very limited options in terms of a career, can now pursue a career in any field the individual desires. The Dream Act would open the door of opportunity to millions.
This bill has been very controversial through the years, generating many supporters, as well as heavy opposition. Supporters say, many students would now be able to attain a bright future. Opposing individuals argue that, the Dream Act will bring immigration rates through the roof. The fact is, this will only be of benefit to undocumented students who have been in the country for several years. An individual who has not been in the united states for the set amount of time, (six years) will not be eligible for the Dream act. The student must also graduate from an American high school; this means a person can not apply immediately after graduating from a foreign preparatory institution. only students who meet the requirements of the American education system will be eligible. Whether the student obtains a diploma or a General Education Degree, it will be the only way to take part in the dream Act. An individual can not simply show up to the country, and request admission to such program. There would be no point in moving to the united states with hopes of entering the Dream Act; the individual would simply not qualify. According to professor Caleb kim, from Loyola university “The conditional LPR status is given for a six-year period if the qualified student does not commit crimes and is not a security risk. Students with conditional LPR status may work, attend school, and engage in normal day-to-day activities like other U.S. students.” Therefore, this bill would only be an advantage to undocumented students who already reside in the United States, making it impossible for immigration rates to rise purely because of the Dream Act.
The Dream act would be very beneficial to the country. According to an article written by Caleb Kim “65,000 undocumented students graduate from high school each year. However, fewer than 10 percent of these students are able to attend college, not due to a lack of desire for a college education, but due to an inability to afford college tuition or to meet legal residency status requirement of some colleges.” the Dream Act will help eliminate most of the barriers an undocumented student faces today. This would allow students to pursue a career an become a part of society, without fear of repercussions. Passing the Dream Act would put an end to inaccessibility for those who need it most.
It is time to open the doors of education to any student, regardless of residency status. in a similar fashion to the Immigration Control Act of 1986, The United States would benefit from granting legal residency to millions of students. These students deserve to have wide open doors to a bright future. If students see that college is a possibility, they will have an impulse to complete high school; one day these students will be the future of the country, do things their parents may have never thought possible.
times there have been laws passed to benefit immigrants, such as The Immigration and Nationality Act of 1965. (Alden 109) This allowed people who were established legally in the U.S, to petition family members, so that illegal individuals would be put on the path to citizenship. Another example, would be The Immigration Control act of 1986, this was iconic; it granted many illegal immigrants a legal status. Close to three million working immigrants, now had the chance to stay in the country and help their families also become legal residents. (Alden, 110) Four years later, a visa was created so foreign students with a superb academic record could have the chance of attending American colleges. (Alden, 110) With the availability of many different visas, one might think studying in the United States as a foreign student is not an issue but, due to the amount of illegal immigration in previous generations, many children of illegal immigrants are now graduating high school, with hopes of pursuing a career. Unfortunately, things have not looked very positive for undocumented students in recent years. The problem at hand is that most students have been in a certain state of the United States for at least twelve years, completing basic education. After completing diploma requirements, these students are facing problem after problem, in search of higher education. In some states, undocumented students are not allowed admission to public universities and colleges. Other states, are charging students the out of state tuition. (Nguyen, Serna 126) This is unfair, because as mentioned earlier, most students have been in the the same state for at least twelve years; they have been through the same courses and requirements as the average American student. They are undocumented, but this does not mean they will not excel academically. On the contrary, just because a student is legal does not mean he or she will do well in school. While programs to help undocumented students do exist, they are not nationwide. The last time there was an immigration reform was 1986, exactly 30 years ago. In 1965, one of the first laws witch negatively affected undocumented students was passed.
The Higher Education Act of 1965. According to an article written by Jeannette Diaz and Kim Eunyoung as part of the 2013 ASHE Higher Education Report titled Undocumented Students and Higher Education, “this act provides citizens, legal permanent residents, asylees, and refugees with the possibility of federal financial aid to help pay tuition and fees associated with attendance at a two-year and/or four-year postsecondary institution, undocumented students are denied the opportunity to apply for federally funded loans and grants”. This is the problem; many well rounded students are not being given the same opportunity, simply based on the fact that they have not acquired a legal status in the United states. 41 years have gone by (1965), and the situation remains much unchanged. As mentioned previously, some states neglect awarding financial aid to undocumented students. Other states, completely prohibit the entrance of undocumented students as a
whole This is primarily due to two bills passed by the Clinton administration during 1996. Both laws concern the distribution and use of public benefits, limiting access to undocumented students. The first bill passed called the Illegal Immigration Reform and Immigrant Responsibility Act, prohibits access to benefits for anyone who does not reside in the United States in a lawful manner. This bill mentions financial aid, but nothing specific about actual admission to university; as a consequence to lack of specifics, various states began prohibiting the entrance of undocumented students, when the bill never mentioned anything about not giving people access to a postsecondary education. The bill concerned the funding to attend school, not the institution itself. The law specifies limited access to financial aid, in the case of undocumented students. According to Diaz and Eunyoung, section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act states: an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state ... for any postsecondary education bene t unless a citizen or national of the United States is eligible for such a benefit (in no less amount, duration, and scope) without regard to whether the citizen or national is such a resident. (Diaz, Eunyoung 81) That same year, Clinton passed another law. When the previous law concerned only educational benefits, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 expanded on the first bill signed. This law passed, completely shut the door on not just illegal students, but illegal immigrants in general. According to the same article, in section 1621 of this bill states: . . an alien ... is not eligible for any State or local public benefit. ... the term state or local public benefit means ... any retirement, welfare, health, disability, public or assisted housing, education aid, or food assistance, unemployment benefits, or any other similar ben- e t for which payments or assistance are provided to an individual, household, or family ... by an agency or state or local government.
This prohibits any illegal individual from being eligible for any sort of government benefit. The misunderstanding of the two pieces of legislation, makes it nearly impossible for students to attain a higher education. On top of limiting access to benefits such as federal financial aid a student can still acquire financial aid, as long as it is funded by the state. Tuition is also an affected. As most people know, attending college out of state is monumentally expensive. College in general can be very expensive both in state and out of state, but when a student leaves his home state, tuition can clime up to four or five times the local tuition. The problem is, most students have been residing in the same state for at least twelve years. It is having a very negative affect on future generations. It is unacceptable to have a local student who has a considerable academic presence, pay four to five times the local tuition. While some states have began allowing in-state tuition rates for undocumented students, the issue is far from solved. There are plenty of ways to approach the issue, as demonstrated by the IIRIRA and
PRWORA. Instead of pushing away these students, they should be incorporated into the education system. This should be done in a manner, where the student is eligible for the program based on how long the individual has been in the American education system; the academic history of the applicant should also be taken into account as well. Something similar has been proposed, but the country is in turmoil with regards to signing such bill. Due to the massive task at hand, the government has been hesitant to do such thing. It is a very big task, but it would be beneficial to various aspects of the country. Undocumented students also deserve a chance to become educated, and be someone of positive impact to society. Recently, the Obama administration put forward a program in order to assist undocumented students; this program is formally known as the Deferred Action for Childhood arrivals, finally. This is one of the first steps to giving undocumented students access to a higher level of education. Although this program does not offer a path to citizenship, it is a step in the right direction. Advancements such as, the addition of this program have been made since the Clinton administration, nevertheless the problem of inaccessibility remains alive throughout the country. According to Diaz and Eunyong: in 2009, the North Carolina State Community College Board voted to grant undocumented students access to the state’s community colleges. However, the board did not grant undocumented students in-state resident tuition rates. While the 2011 in-state tuition rate at North Carolina’s community colleges was $66.50 per credit hour ($1,064.00 maximum per semester), out-of-state tuition was $258.00 per credit hour ($4,136.00 maximum per semester). (Diaz,Eunyoung 82)
This confirms how much higher out of state tuition is, compared to the tuition offered to local students. This is done without regard to the length of the stay of the individual in this country. Again, this is the major is problem is the inaccessibility undocumented students experience, when applying to a college or university. This hardship also comes along with the anxiety and fear of being deported. These students should not have to worry about those types of things. They too deserve the same access to higher education as a legal resident. In the end, the fact that a student is undocumented should not matter because they want what any other student wants, a higher education. Attending college is an investment; this investment will give students the upper hand when looking for a job. Technically, knowledge is easily accessible through the internet, but the knowledge acquired is not recognized by an important institution. This is why so many students graduate with a desire to attend some sort of college or trade school. Not for the knowledge, but for the recognition of the knowledge, adding credibility to the individual. It is almost impossible to accomplish this for undocumented students, as they too seek recognition and success.
This is the Dream Act would come into play, offering undocumented students access to American education. The Development, Relief, and Education for Alien Minors Act, would allow undocumented students to attend local colleges without the massive hike in out of state tuition. This would give the students a chance to participate in the country, which they have been part of for so long. the DREAM Act, is a federal education legislation act that, if passed by US Congress and signed into law, would provide a path to permanent residency for many young people who currently have alien status Various versions of this bill have been floating around in the congress since 2001. The bill has not been acted upon yet, simply discussed; the Dream Act remains nothing but a possibility. Supposing a bill of such magnitude is given the green light, millions of students would be positively affected. (Flair, n.pag)
Passing a bill such as the dream Act, would greatly improve the issue of inaccessibility for undocumented students. According to an article written in the Salem Press Encyclopedia by Isaiah Flair, in September of 2013:
The DREAM Act establishes multiple conditions for granting permanent residency status to alien minors. First, the minors must have excellent moral character. This is generally understood that they have not committed any crimes. Second, they must have either graduated from a US high school or obtained their GED certificate in the United States. Third, they must have first moved to the United States as a minor and lived there for at least five years prior to the DREAM Act becoming law. (Flair n.pag) only certain students would qualify for this program. These conditions set things up to eliminate students who might not be as serious toward their education. Qualifying students will be just as prepared as a legal student, this bill would be like applying for a colossal scholarship, upon high school completion. This program, will not only grant students full access to education, but also legal status. If this is passed, students who had very limited options in terms of a career, can now pursue a career in any field the individual desires. The Dream Act would open the door of opportunity to millions.
This bill has been very controversial through the years, generating many supporters, as well as heavy opposition. Supporters say, many students would now be able to attain a bright future. Opposing individuals argue that, the Dream Act will bring immigration rates through the roof. The fact is, this will only be of benefit to undocumented students who have been in the country for several years. An individual who has not been in the united states for the set amount of time, (six years) will not be eligible for the Dream act. The student must also graduate from an American high school; this means a person can not apply immediately after graduating from a foreign preparatory institution. only students who meet the requirements of the American education system will be eligible. Whether the student obtains a diploma or a General Education Degree, it will be the only way to take part in the dream Act. An individual can not simply show up to the country, and request admission to such program. There would be no point in moving to the united states with hopes of entering the Dream Act; the individual would simply not qualify. According to professor Caleb kim, from Loyola university “The conditional LPR status is given for a six-year period if the qualified student does not commit crimes and is not a security risk. Students with conditional LPR status may work, attend school, and engage in normal day-to-day activities like other U.S. students.” Therefore, this bill would only be an advantage to undocumented students who already reside in the United States, making it impossible for immigration rates to rise purely because of the Dream Act.
The Dream act would be very beneficial to the country. According to an article written by Caleb Kim “65,000 undocumented students graduate from high school each year. However, fewer than 10 percent of these students are able to attend college, not due to a lack of desire for a college education, but due to an inability to afford college tuition or to meet legal residency status requirement of some colleges.” the Dream Act will help eliminate most of the barriers an undocumented student faces today. This would allow students to pursue a career an become a part of society, without fear of repercussions. Passing the Dream Act would put an end to inaccessibility for those who need it most.
It is time to open the doors of education to any student, regardless of residency status. in a similar fashion to the Immigration Control Act of 1986, The United States would benefit from granting legal residency to millions of students. These students deserve to have wide open doors to a bright future. If students see that college is a possibility, they will have an impulse to complete high school; one day these students will be the future of the country, do things their parents may have never thought possible.