State-by-State Push for a Dream Act

Three states may not be a watershed, but passage in three states of Dream Act-like bills shows a growing momentum for a national bill that would put the children of illegal immigrants on a path to citizenship if they attend college.

Maryland’s Senate recently passed a bill that would allow undocumented students an opportunity to attend state universities and colleges at in-state tuition rates. Should Maryland’s governor sign the legislation it would become one of 11 states in the country, ranging from Kansas to California, that permit this. In California, a bill that would allow undocumented students to compete for state aid and scholarships is under consideration.A New York bill, introduced late last week, takes the legislation further, allowing students who are here illegally but have graduated from high school in New York to access scholarships and financial aid for college, get access to health insurance, obtain driver's licenses, and be able to hold some state jobs.

In an interview with The New York Times, state Sen. Bill Perkins, who introduced the bill, acknowledged that it would be difficult to pass. But I would argue that raising the bill itself and a possible passage could tremendously affect national support and acceptance of a Dream Act. The state-by-state initiative being employed by immigrant and youth groups in New York, California, and Maryland are similar to what the gay-rights community has done with gay marriage. It’s an uphill battle, but each passage of legislation creates a level of acceptance and acknowledgment in the public mind-set.

What could derail this state-by-state goal, however, is the argument made by opponents to the bills that allowing undocumented students to access these rights could put further stress on state budgets and/or put legal citizens and young people in competition for jobs with students who came here illegally. But as many young activists for the Dream Act argue, the United States is the only country they’ve ever known.

Another potential pitfall to this legislation is gubernatorial support. In Connecticut in 2007, the state Legislature narrowly passed a bill allowing undocumented students the right to access in-state tuition fees after a pitched legislative battle. Gov. Jodi Rell, however, took political cover from federal inaction and argued that she couldn’t sign a bill without knowing what the potential federal precedent could be.

In California, a bill that would allow students access to state scholarships and financial aid has been approved and vetoed four times under Gov. Arnold Schwarzenegger. However, Gov. Jerry Brown has appeared amenable to the passage of a bill. Perkins, the sponsor of New York’s legislation, has said he hasn’t surveyed his colleagues or Gov. Cuomo on support for the bill. However, opponents are already pointing to the political mud pit Gov. Eliot Spitzer fell into by supporting a bill that would have provided driver's licenses to undocumented immigrants.

The lesson in all of this may just be that the push for immigration reform has moved to the state level because of federal inaction, and like other hot-button issues, e.g. gay rights, a patchwork of rights and restrictions will exist until the federal government chooses to act.

Advocates Hope To Revive DREAM Act On State Level

While the DREAM Act was voted down in Congress, some lawmakers are hoping to revive the bill on the state level that would make college life easier for undocumented immigrant students. NY1's Mara Montalbano filed the following report.Daniella Alulema of the New York State Youth Leadership Council has a degree in accounting, but the Ecuadoran native says she can't put her education into action because of her immigration status. She says she was looking forward to seeing Congress pass the DREAM Act, which would give undocumented youth education opportunities while on a conditional path to citizenship.

Alulema says she was disappointed to see it defeated in the Senate."We need to come out of the shadows. We need to be able to live like dignified human beings who have dreams, who have values, and who want to contribute to their society," Alulema said.

She stood with others in her situation and local lawmakers in Harlem Saturday to support a state version of the federal bill.State Senator Bill Perkins introduced the New York State Dream Act which would help undocumented youth get access to state resources like financial aid, a driver's license, and health insurance.

"We're stuck right now and I'm 30. I haven't been able to finish my career. I would like to be a counselor one day. I want to be the counselor that pushes young people to follow their dreams," said Jose Luis Zacatecos of the New York State Youth Leadership Council.While the state bill doesn't help put immigrants on the road to citizenship, it would allow them educational and employment opportunities in the state.

"This is yet another step to fulfill the dream of millions of undocumented immigrants who just want to get a good college education and pay their taxes," said State Senator Adriano Espaillat.Local lawmakers say they do expect to face some challenges, but they say they are confident the bill will be passed.

"The beauty of it is that, like the civil rights movement, it is the fire and the energy and the vision of our young people that have inspired us to take on this piece of legislation," said Perkins. "As controversial as it may be, it nevertheless is a piece of legislation that would make a big big difference."Supporters of the state bill say they hope it will encourage other states to adopt similar legislation to open up more opportunities for young people, even if it isn't on the federal level.

New York DREAM Act Introduced in State Senate

NEW YORK–The youth movement advocating to give young, law-abiding undocumented immigrants a chance to apply for legal status in the U.S. has not been deterred by the failure of the DREAM Act to advance in Congress.

This week, the New York State Youth Leadership Council (NYSYLC), the group leading the charge for the bill in New York, declared a victory. State Senator Bill Perkins (D-30) introduced a version of the DREAM Act in the senate on Tuesday that would bring New York’s undocumented youth many more rights. It is modeled after the federal version, but it would not get them on a path towards citizenship–only the federal government holds that power.

“We’re very excited, this is one of the most progressive bills particularly when we’re surrounded by failure of the federal DREAM Act and other anti-immigrant bills around the country,” said Sonia Guinansaca, 21, a young woman with the NYSYLC who would be affected by the bill.

While continuing to put pressure on members of Congress, young activists around the country have simultaneously been lobbying for more rights for undocumented youth to be granted at the state level. The New York State Dream Act would give undocumented youth under 35 who came to the U.S. before the age of 16 and have resided in New York for at least two years with “good moral character” access to state funded financial aid programs including grants, loans and scholarships (New York is already one of 10 states in the union that grants undocumented immigrants in-state tuition to public colleges); ability to obtain a state drivers’ license; state work authorization; and the ability to enroll in state health insurance programs.

Sen. Perkins told Fi2W that he believes the passage of this bill will benefit the entire state by training future scientists, doctors and teachers who have grown up in America. “These are children who are law abiding participants in our community who are participating in our public schools who need opportunities to fulfill their dreams and contribute to society,” he said.

Perkins is optimistic about the bill’s future in the state legislature. ”I’ve adopted a Haitian phrase, ‘little by little the bird builds it’s nest.’ I’ve already gotten some very positive support in the Senate,” Perkins said, adding that he is also in talks with a potential sponsor in the Assembly.

In-state tuition for undocumented immigrants lies on well-trodden legal ground, said Suman Raghunathan, Immigration Policy Specialist at the Progressive States Network, who is keeping track of similar bills around the country. But she said the work authorization aspect of this bill, similar to what recently passed in Utah, is ”unchartered territory.”

“There is no real legal precedent for the federal government to cede authority to states to determine work authorization,” Raghunathan said.

In a grand sense, for Perkins and other legislative supporters of the bill, the idea is that New York can meet its economic goals while also achieving educational equity. Meanwhile, the youth fighting for the DREAM Act are stepping out of the shadows and “coming out” with their undocumented status publicly.

“We’re making a statement that we are here, undocumented, unafraid, unapologetic and we’re going to work to resolve this issue. That is what this New York State campaign has meant for many of us and we’re not going to give up,” said Guinansaca.

Young immigrants plan DREAM rally Saturday

Young undocumented immigrants are to rally from 1 p.m. to 3 p.m. Saturday on Independence Mall calling for passage of the DREAM Act, which would allow illegal immigrants, who were brought to the U.S. as children and who fulfill requirements of attending college or serving in the military, the opportunity to gain legal status.

The act was blocked by Republicans in the Senate last year. Advocates, organized by DreamActivist Pennsylvania, will march from the mall, near 5th and Market streets, to the U.S. Custom House, on Chestnut Street near 2nd, where the Immigration and Customs Enforcement's Office of Investigations is housed.

Univ. administrators support state DREAM Act passage

As the university system lobbies legislators on behalf of a bill that would allow undocumented students to receive in-state tuition at four-year state colleges and universities, this university has taken a quieter, but favorable, position.University President Wallace Loh, who immigrated to this country from Peru, said passage of the bill would benefit the economy as a whole. And university lobbyist Ross Stern, whose attention is primarily focused on budget matters, said he would encourage students to lobby their representatives in the House of Delegates as the bill comes to a vote there.

"If you have students who are able to gain admission ... and if you don't give them an opportunity to have higher education, then what will they be doing, flipping hamburgers?" Loh asked. "That doesn't help the economy of the state. We want more college graduates who can go on and contribute in productive ways to the state's economy. In the long run, it does not make economic sense to turn away qualified students."After its successful vote in the state Senate on Monday, the bill is moving through the House; its Ways and Means Committee reviewed the legislation Tuesday. If signed into law, the legislation, which has earned the title of this state's Development, Relief and Education for Alien Minors Act, would grant students who have graduated from a state high school, completed 60 credits at a community college and paid state income taxes for at least three years the opportunity to receive in-state tuition at four-year state institutions. Those students who receive in-state tuition must also apply for permanent residency within 30 days of enrollment at an institution of higher education.

Opponents of the bill have argue that the state simply does not have the money to offer these students reduced tuition — the basis for many opposing votes in the Senate — and that admitting undocumented students as in-state residents would take away spots from U.S. citizens. But Stern said increasing competition would likely have a positive effect on the university's national rankings."I think expanding the pool of eligible Maryland residents can only be a good thing," Stern said. "Increased diversity and an increased pool of good students is a good thing for the university — not just for us, but for all the universities and the state as a whole."State Sen. Jim Rosapepe (D-Prince George's), who voted for the bill, added that students who would be affected by this proposal are already academically qualified, but high tuition rates often prevent them from attending state universities.

"The better students you get, the better university you are, and the problem is that they can't come to the University of Maryland right now — it's just that too many of them are priced out of the market," Rosapepe said. "It's kind of an inconsistent policy to say they can come to the University of Maryland, but they have to pay triple the tuition. It doesn't seem fair, and it just doesn't make sense. We want the best students to come to the best campus."

Stern also said since these students must pay state taxes and have already attended at least high school in this state — K-12 schools must provide education to all students regardless of immigration status, according to U.S. Supreme Court mandate — the state should want to capitalize on their investment.

"If the state is going to go through the expense and the effort to educate children, it makes sense that they have access to higher education as well," he said. "The state is better served by offering educational opportunities to its high-school graduates, and that investment is worth making."Loh said he attributes all of his successes to the educational opportunities he was able to receive in the United States.

"I came here legally, but that totally aside, what I have today is because of the opportunities that this nation provided," he said. "It is a passport to social and economic opportunity. We have a very large proportion of Hispanics in our state and in our nation. Many of them are undocumented, and they've been living here since they were children. ... To say we're not going to allow you to come in with resident tuition is in effect slamming the door of opportunity to them."Rosapepe noted that the nation is primarily made up of immigrants  including his father, who was an Italian immigrant  and said it is part of the nation's history to offer equal opportunities to all.

"I think most people recognize that America is a nation of immigrants and that very few of us would be here if our parents or grandparents hadn't come from some place else," he said. "Many people come here for better opportunities."Although no date has yet been set for a House vote on the issue, many question whether the bill will make its way to the chamber's floor before the end of the legislative session.

CALIFORNIA DREAM ACT MOVES TO ASSEMBLY APPROPRIATIONS COMMITTEE

Despite California facing deep cuts to its education budget, the state assembly's Higher Education Committee has decided to advance the California Dream Act to the Assembly Appropriations Committee.On Tuesday, committee members voted 6-2 and 5-2 to allow illegal immigrants to access institutional and state financial aid with passage of AB 130 and AB 131, the Daily Californian-reported. In addition, AB 131 does not reduce the amount of Cal Grant money available to legal students.  As expected, the committee vote went along party lines as two of the sitting Republicans voted against the measures:  Tim Donnelly (R-Twin Peaks) and Katcho Achadijian (R-San Luis Obispo). 

If the measures pass in the Appropriations Committee, not only will they likely pass the Democratic-controlled legislature, but they will also likely be signed into law by Governor Jerry Brown aspreviously indicated. At stake is the fact that, while opening the door for those brought here by no choice of their own, these bills will also cause more economic uncertainty for California's taxpayers.

While the committee did ensure that the same Cal Grant amount is available to legal students, legislators and activists in favor of the California Dream Act are forced to reconcile the projected $500 million in education budget cuts with welcoming illegal immigrant students to partake of the benefits offered by the state's higher education system.  Legislators supporting AB 130 must be held accountable for the loss of revenue that will result from illegal immigrant students being able to apply for the Board of Governors Fee Waiver in the state's community colleges. The same goes for supporting AB 131, which makes illegal immigrants eligible for the Cal Grants set aside for state residents who enroll in higher education in the golden state. These costs will need to at least be considered by the Appropriations Committee in May.

When the Act reaches his desk, the governor must also communicate to California's taxpayers how these goals are realistically feasible during California's financial crunch. While voters may have pulled for the Democratic governor and legislature in the past election, some did so with the understanding that the governor would provide some effective solutions to the state's severe budget problems.

Aside from the possible budgetary impact that the legislation will have, it also leaves the question of citizenship of those illegally residing in California unresolved. As the state continues to struggle on the fiscal side, education investments in California's illegal immigrant students, subsidized by taxpayers, are of no benefit if those same students at the end of the day are still not U.S. citizens. Granting citizenship is a federal responsibility.

In what will undoubtedly have national implications down the road, the California Dream Act seems as if it's a bigger gamble than investment given that the Obama administration has failed to come through on comprehensive reform. California's economy will remain weak if those very immigrant students are held back from contributing their skills to the workforce as a result of their illegal status.

State Committee Passes New Version of DREAM Act

Though former Gov. Arnold Schwarzenegger vetoed the California DREAM Act three times, a state assembly committee voted Tuesday to pass a new version of the legislation, which will now be reviewed by another committee before potentially being introduced to the entire Assembly.

The Assembly Committee on Higher Education passed Assembly Bills 130 and 131 - authored by Assemblymember Gilbert Cedillo, D-Los Angeles - in a 6-2 and 5-2 vote respectively. If enacted into law, the bills would expand institutional and state financial aid to undocumented students in California respectively.

Only Assemblymembers Tim Donnelly, R-Twin Peaks, and Katcho Achadjian, R-San Luis Obispo, voted against the act.

"I believe that this bill undermines the rule of law, and it opens up the treasury to people through no fault of their own, granted, are not supposed to be in this state," Donnelly said at the committee meeting.

Opponents of the act have argued that the act would create an incentive for illegal immigration.

Gov. Jerry Brown has stated that should the legislation come to his desk, he would support it.

Nonresident students that meet certain requirements already qualify for in-state tuition fees by meeting requirements in AB 540, including that students must have attended a California high school for three years and graduate, among other requirements.

However, any of these students that are undocumented cannot receive university or state aid, according to David Alcocer, associate director of student financial support at the UC Office of the President.

Assemblymember Marty Block, D-San Diego, said in an e-mail that he voted in favor of the bills because he believes "it critical that students who reside in the state get educational opportunities so they can contribute to California's economy as productive tax-paying workers."

At the committee meeting, UC Berkeley Chancellor Robert Birgeneau testified on behalf of AB 130.

The overall content of the current act reflects the previous version, however, AB 131 has been edited to ensure that Cal Grants will not be reduced for students that are legal residents, according to Conrado Terrazas, communications deputy for Cedillo.

Alcocer said that he estimated about 75 percent of undocumented students would receive $4 million of financial aid under AB 130, and 50 percent of them would be eligible for Cal Grants up to about $3 million under AB 131.

Additionally, some 500 documented students that are eligible under AB 540 would benefit if the bills were to pass. Some students that do not meet state residency requirements and are considered out-of-state students, though they attended high school in California, would be eligible for Cal Grants.

"We've already invested in our children in our K-12 system," said Adam Keigwin, chief of staff for Sen. Leland Yee, D-San Francisco/San Mateo, who co-authored the bills. "To  shut the door on their ability to go to college after that investment doesn't serve our state well, doesn't serve our communities well."

Both bills will be reviewed by the Assembly Committee on Appropriations in May, though a final date has not yet been set, according to Terrazas.