In 1982, the U.S. Supreme Court decreed that, regardless of immigration status, each child residing in the United States had the right to a primary and secondary education, including the right to attend high school.
But amendments made to immigration laws in 1996 prevent thousands of undocumented students from enrolling in U.S. state universities unless they pay out-of-state tuition that is often three times more than in-state tuition.
Something has to change.
On Oct. 26, the Senate Judiciary Committee passed federal legislation known as the Development, Relief, and Education for Alien Minors Act. Similar legislation called the Student Adjustment Act was introduced in the U.S. House. Both bills would allow states to provide in-state college tuition to undocumented students who grew up in the United States, and they also would provide a path for students to become legal permanent residents.
Currently, an Arizona resident and citizen will pay $3,593 each year to attend ASU, but undocumented students must cough up $12,113. And because they are not legal residents, these students do not have access to federal financial aid or qualify for most scholarships.
The Urban Institute estimated that in 2000, there were 607,000 undocumented students between the ages of 12 and 20 in elementary, middle and high schools throughout the country. Approximately 400,000 of these students had been in the country for five years or more. According to the Mexican-American Legal Defense and Educational Fund, about 70,000 of college-aged students cannot afford to pay out-of-state tuition to attend U.S. universities and colleges.
So they take menial jobs in order to support their families, and in turn, they forfeit their voice in a society with an increasing number of uneducated Hispanics.
"Most children of immigrants are brought to the U.S. at very young ages by their parents and play no part in the decisions to enter and stay in this country," said Antonia Hernandez, MAL-DEF's president and general counsel. "Many of these children have lived the Amer-ican dream, graduating as class valedictorians or receiving straight As while others are recognized for their community involvement and leadership.
"Yet under current federal law, their futures are filled with uncertainty because they cannot adjust their immigration status and afford to go to college," she added.
That's why the DREAM Act is so important.
Because it must be approved by other committees and is controversial, DREAM may not get final congressional approval. To track the bill's progress or for more information, visit http://thomas.loc.gov/home/thomas.html
But things can be done at the state level, as well. Already, Illinois, California, Texas, Utah, New York and Wisconsin have passed state laws allowing certain undocumented students to pay in-state tuition.
Republican state Sen. Slade Meade is concerned about the statistics that show a person's educational level can be linked to criminal activity and whether or not the person would end up in prison.
"High school dropouts make up 36 percent [of the prison population], and those who got their GED make up 33 percent. That means whether you succeed or not is linked to your education," Meade said. "What's the alternative? Let them be a dropout and go to prison? That costs us a ton more money."
We should ask our congressional representatives to support passage of the Student Adjustment Act and encourage our local leaders to introduce bills that would allow some undocumented students in Arizona to be recognized as legal residents for purposes of their education.
The 2000 Census reported Latinos are the largest ethnic group in the country - at least 37 million residents are of Hispanic origin. With the unfortunate reality that a very large percentage of Hispanic students in this country do not graduate from high school, our local and national leaders should recognize that the best way to help thousands of undocumented students positively affect this country is to educate them.
Catherine Portillo is a journalism senior. Reach her at catherine.portillo@asu.edu.
