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These students face legal uncertainties and limitations in the United States lawful system. In this essay, I will examine whether the Undocumented students should be qualify for federal student financial aid.
Undocumented students are not denied from applying or being admitted to colleges; however, unlike other students who are citizens of the United States they face federal financial limitation. First, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Sec. 1623(a) states “a foreigner who is illegally existent in the United States is not authorized on the basis of dwelling within a state for postsecondary educational welfares”. Except a national or citizen of the United States is qualified for the benefit without the regards as to whether the national or citizen is such as resident. Therefore, with such a law it is clear that undocumented students cannot be given students loans. However, I think this clause is unfair because if the student are allowed to get secondary education I do not see the reason of denying them loans that would help them in advancing their careers. Additionally, about 73% of the Undocumented students are born in the United States meaning that they acquire citizenship by birth but the federal government does not recognize this fact as they see their parents as illegal immigrants.
The Fourteenth Amendment is Vague in relation to the equality clause that relates to education. The Constitution requires that every child in the United States be given equal education opportunity regardless of their race, religion, sex, ethnic background, whether poor or rich or whether the child is a citizen or non-citizen of the United States. Therefore, if the constitution allows students to study in the United States regardless of whether they are documented or undocumented then the students should also be provided with financial aid to help them pursue
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