Legal Issues in Developmental Education: Immigrant Students and the DREAM Act

Research & Teaching in Developmental Education, Fall 2005 by Miksch, Karen L

Each year, approximately 50-60,000 undocumented children, including honors students and valedictorians, graduate from our nation's high schools or receive an equivalent degree. Many of these students were brought to the U.S. by their parents at an age when they were too young to appreciate the legal consequences of their actions. Despite long-term residency in the U.S. and a demonstrated commitment to obtaining an education, these students have no avenue for adjusting their immigration status and it is very difficult for them to attend college or work .... These roadblocks to higher education hurt our society because we are deprived of future leaders, and the increased tax revenues and economic growth they would produce.

The main purpose of the DREAM Act is to encourage undocumented students to go to college. Furthermore, since many undocumented minors drop out of high school when they realize that they will not be able to attend college, the DREAM Act also encourages students to graduate from high school. The current drop-out rate for undocumented immigrant high school students is estimated at 50 percent (Galassi, 2003).

Substantial numbers of students cannot afford to attend college. A Congressional panel estimates that more than 4 million low- and middle-income students will not attend college for financial reasons during this decade (ACSFA, 2002). Undocumented students, and other immigrant students who are not yet permanent residents of the U.S., are not eligible for federal and most state financial aid. The DREAM Act would also open up the opportunity for more immigrant students to be eligible for state and federal loans and scholarships (Galassi, 2003; Yates, 2004).

It is important for developmental education programs to understand the impact the DREAM Act may have on our students' lives. Senator Hatch plans to reintroduce the DREAM Act during the 109th Congress and we should closely follow and inform the debate surrounding immigrant students and access to higher education.

References

Alfred, J. (2003). Denial of the American dream: The plight of undocumented high school students within the U.S. educational system, New York Law School Journal of Human Rights, 19, 615-650.

American Association of State Colleges and Universities (AASCU). (2004). Access for all? Debating in-state tuition for undocumented students. Washington, DC: AASCU. Retrieved December 12, 2004 from http://www.aascu.org/policy/special_report/access_for_all.htm

Castillo, J. (2005, February 1). Tuition law for illegal immigrants challenged. The Austin American-Statesman. Retrieved (Month day, year ) from http ://www. statesman, com/news/content/metro/02/1 STUDENTS .html

DREAM Act, S. 1545, 108th Cong. (2003).

Equal Access Education v. Merten, 325 F. Supp. 2d 655 (E.D. Va. 2004).

Fischer, K. (2004, Dec. 10). Illegal immigrants rarely use hard-won tuition break. The Chronicle of Higher Education, p. A19.

Fix, M. E., & Passel, J. S. (2003). U.S. immigration: Trends and implications for schools. Washington, DC: Urban Institute.