Immigrant: Undocumented Students - Essay Example

First Last Dr. TeacherFirst TeacherLast 7 June Immigrant:Undocumented Introduction The American culture has been built on immigration and ethnic diversity ever since its independence. For a long time, this mix of incoming population has also included many illegal immigrants who have later been absorbed into the society. However, over the years, there have been efforts to curb illegal immigration. At particular disadvantage have been the undocumented minor children who are brought to the US accompanying adult members of their families. These children, as they grow up, are facing laws that deny them the full rights to higher education in colleges and universities. In some states, where law permits them to seek admission, they are discriminated by denial of in-state tuition support fee structure. The federal government should pass legislation and laws that will allow undocumented students to pursue their dream to be college students, and improve the work field, and the economy. Discussion Scientific studies have shown that undocumented students face enormous problems and research confirms that a large number of these undocumented students were not able to continue their higher education at universities or colleges because of immigration status. The statistics show a large number of undocumented youths. In the age bracket of 18 to 24, there are nearly three hundred and sixty thousand students, or 34% of total unauthorized migrant population in 2004, who have graduated from high school (Van Hook, Bean, and Passel). In the age bracket of 5 to 17 years, there are another seven hundred and fifteen thousand such undocumented children (Topiel). In Texas, for example, students in the undocumented youth category have access to the K-12 education thanks to a Supreme Court decision that nullified the state’s restriction. However, absence of a clear Federal policy generally denies undocumented students any further education and therefore any prospects of earning a living beyond labor jobs (Jefferies 249). Undocumented students already live in a state of nervousness with the fear of getting entangled in the system and receive deportation because of the certain laws. This is why the Development, Relief, and Education for Alien Minors (DREAM) Act is extremely beneficial for undocumented youth. Dream Act, according to website NILC.org, is a bipartisan legislation that addresses the situation faced by young people who came to the United States with families years ago as undocumented immigrant children and “who have since grown up here, stayed in school, and kept out of trouble” (“Dream Act: Basic Information”). Furthermore, Dream Act offers hope for undocumented students in pursuit of their dreams and effort to be actives, productive member of society. It has taken almost a decade of efforts for the Dream Act to materialize. Its support has consistently grown since its initial introduction in 2001 by Senator Orrin Hatch of Utah, hoping that he would help undocumented youths arriving in the US before the age of sixteen and offer them a path for education and employment. The students face several obstacles because of legislation, both at the federal and at the state level. Ruge and Iza (1-22) discuss the federal laws that govern higher education. These laws are the The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Neither of these acts “prohibits admission or enrollment of undocumented students” (Ruge and Iza 6) leaving the decision to state legislature. However, section 505 of IIRIRA places a restriction on states where “a public benefit, such as payment of financial assistance, cannot be provided to an alien who is not a qualified alien” (Ruge and Iza 7). This allows states to deny undocumented students any access to in-state tuition support. So, as a result of federal policy, many undocumented students will never be eligible to loan or in-state tuition bill benefit and have to suffer with unclear futures and only hope that someday they would be eligible for loans or in-state tuition bill benefit and lead a better life. According to National Council of La Raza (Lazarin) the DREAM Act is hope for undocumented students as it repeals the federal provision of Section 505 that discourages states from applying the provision for in-state tuition to undocumented immigrants. There are many real life accounts of struggle of undocumented students. One such example of struggle story is that of Lorena who suffered because of her immigration status. Lorena is a twenty two year old immigrant from Mexico who stayed in Fresno, California. According to Peter Orner (183), "the story begin when Lorena six years old and her mother decided to leaves from her city Puebla, Mexico and goes to United State of America by walking across the desert with her mother". Lorena described how poor her family was by saying “all we could afford to eat was soup and beans”. Therefore, Lorena was not able to accomplish her dream of studying medicine because she could neither afford the cost of tuition for the university nor could get a loan or In-State Tuition Bill benefit. This is unfortunate because, as a six year old, when Lorena came to the U.S., she could not understand and see the consequence of her mother action and how that would affect her life forever. There are many supporters who want the legislation and laws passed that will give opportunity to undocumented students to pursue their dream to be in university or college. These supporters have formed several advocacy groups active in their respective states persuading legislators to pass this legislation. These groups also assist undocumented students. In Massachusetts, for example, the most popular and active immigrant advocacy groups are those that are following up with the progress of In-State Tuition Bill and the Educational Opportunity Act. Usage of appropriate language in advocating these issues is important. Proponents always used nice name as undocumented students, immigrants, non-citizens, new comers, and teens to make them acceptable by the public. Proponents argue that undocumented students should not be punished because of their parents’ fault. They also argue that, owing to their younger age when they arrived, they could not be held responsible for a decision that only an adult can take. In addition, as Jefferies notes (250), a lot of undocumented students are hard working, gifted, and overcome insurmountable odds only to be later disqualified from higher education and from their dream by an unjust law. Jeffries conducts research on the daily practices of recently-arrived immigrant youths and is interested in how different localities respond to global immigration patterns. If such bills as the In-State Tuition Bill and the Educational Opportunity Act are not passed, the American work force will lose access to intelligent and hard working individuals. On the other side of the debate, there are many opponents to passing such bills. They refuse to change legislation and laws for undocumented students and cite several reasons for that. The opponent’s first argument is that if such a legislation or law was passed, would have consequences for regular citizens such as taking away funds to which only they have access to. This would then, in their opinion, mean that regular citizens would be denied access to their future and dream of higher education which is their right. Opponents also argue that passing such legislation is immoral as it encourages those who are illegal and do not play by the rules. Like previously discussed for proponents of the issue, the opponents too use appropriate language to stir up emotion in their favor by using words such as illegal, illegal Aliens, and simply Aliens. Of course, for both sides of the debate, usage of such language is to garner support of voters to reject new or modified legislation and laws for undocumented youths. In 2004, Opponents succeeded to make the voter to vote against the legislation and laws. One of the most important aspects of this debate and bringing any change is the state of the economy itself. As the economy worsens and pressure on available funds increases, as it has in the last few years, it makes the passage of laws much more difficult. According to Marklein (01a), the recent trend of states not approving legislation for undocumented students accessing state funding programs is a change from the past decade when ten states actually passed legislation to allow access to those funds. As South and North Carolina both started to take steps to deny enrollment of undocumented students in in higher education, she quotes Josh Bernstein of National Immigration Law Center who said that this trend of anti-immigration legislation is a “very serious threat”. In an article written after the DREAM Act was reintroduced in congress on March 26, 2009, Megan Eckstein (A19) noted that the supporters argue that the bill is “the fairest way to deal with undocumented students” and improve the economy by producing an educated work force. On the other hand, she said the opponents argued “it would reward bad behavior, fueling further waves of illegal immigration”. In the face of slowing economy and rising joblessness, she quotes Kris W. Kobach, a law professor at the University of Missouri who said that expressing the need to “legalize the workers who are already here doesn’t really carry much weight”. Persaud (11) points out that based on Fiscal Policy Institutes’ studies, it can be shown that immigrants contribute significantly to US economy and are “carrying more than their weight and not a burden on the US economy by any means” regardless of their immigration status. She also points out that, contrary to what the opponents present, the bill for immigration reforms is not an “amnesty or citizenship” to these immigrants but a way for them to “earn legalization” by giving them work permits. The debate on undocumented immigration becomes a very divisive issue in the Congress. In 2007, Republican Governor of Connecticut, M. Jodi Rell, while recognizing that undocumented students were not to be held responsible, refused to consider the issue with fair balance. She said, “I understand these students are not responsible for their undocumented status, having come to the United States with their parents. The fact remains, however, that these students and their parents are here illegally and neither sympathy nor good intentions can ameliorate that fact.” (Cooper). On the other hand, Democrats, who won the Presidential elections this year, have also not provided whole hearted support unlike their election promises. Persaud (14) pointed out the Obama administration seems to be avoiding the issue for fear of backlash by the Republicans after passage of the difficult and controversial healthcare reform bill. The government position, legislator and public opinions vary from state to state. Ten states have passed laws for undocumented students. These states include California, Illinois, Kansas, Nebraska, New Mexico, New York, Texas, Utah, Washington, and Wisconsin (“Basic Facts about In-State Tuition” 1). Other states, however, have either hesitated or denied such provisions. South Carolina was the first state to restrict undocumented students from attending any public higher education. The position of Arizona, Colorado, Georgia, and Oklahoma was denying undocumented students to have in-state tuition benefits making it harder for them to afford university or college education. In North Carolina, despite the fact that the North Carolina Administrative Code clearly expects colleges to “maintain an open-door admission policy to all applicants who are high school graduates or who are at least 18 years of age”, admission to community colleges was denied in 2008 (Oseguera, Flores, and Burciaga 39). Later, the community colleges system allowed admissions in 2009 but with the condition of payment of non-state fees, again making it harder for students to pay (Robertson 12). Conclusion The proponents and opponents on both sides of the debate have arguments that carry weight. However, the proponents have a weightier argument as they follow economic logic as well as the same principles that America stands for. It must be remembered that United States of America’s history shows us the enormous benefit that immigration has brought to the country. It is only reasonable to apply the same principle of encouraging rights and opportunities to immigrant also to these undocumented students, particularly when they are in that position because of no fault or illegality of their own. Undocumented students, who arrived in the US before the age of sixteen, must be offered in-state tuition because, when they grow, as better educated individuals they can contribute more to the economy. If this is not done, they would be a burden because their full potential will not be realized and they will be reduced to lower skill jobs. The US, as a country, has been a champion of freedom, justice and human rights. To punish or not provide opportunity to someone who, as a minor, has committed no fault also makes it a human right and justice issue. Couple this with the economic benefit, there is every reason that in-state tuition structure be applied to undocumented students. 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Underground America: Narratives of Undocumented Lives. San Francisco, CA: McSweeneys Books, 2008. Print. Oseguera, Leticia, Stella M. Flores and Edelina Burciaga. “Documenting Implementation Realities: Undocumented Immigrant Students in California and North Carolina.” Journal of College Admission 206(2010): 37-43. Academic Search Premier. Persaud, Felicia. “Immigration reform now”. New York Amsterdam News. 101.15 (2010): 11,14. Robertson, Gary D. “NC Community Colleges Agree To Enroll Illegal Immigrants.” Community College Week. 22.4 (2009):12. Academic Search Premiere. Ruge Thomas R., and Angela D. Iza. “Higher education for undocumented students: the case for open admission and in-state tuition rates for students without lawful immigration status.” Indiana International & Comparative Law Review 15.2 (2004). Web. 8 Jun 2010, Topiel, Jennifer. “‘Young Lives on Hold: The College Dreams of Undocumented Students’ — Why We Need the DREAM Act” The College Board Press Release 21 Apr, 2009. Web. Van Hook, Jennifer, Frank D. Bean, and Jeffrey Passel. “Unauthorized Migrants Living in the United States: A Mid-Decade Portrait” Migration Policy Institute Sep 2005. Web. 10 Jun 2010. Read More