Story URL: http://news.medill.northwestern.edu/washington/news.aspx?id=37221
Story Retrieval Date: 2/9/2010 7:24:28 PM CST

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Bill offers undocumented students chance at legal status

by Colleen Freyvogel
May 29, 2007


WASHINGTON—As the immigration reform debate continues in Congress and around the country, the fate of increased higher education opportunities for undocumented students remains uncertain.

A bill that has been attached to the major immigration legislation would make undocumented students who came to the U.S before age 16, have good moral character and high academic standing eligible for Z visas and permanent residence.

The proposal – the Development, Relief and Education for Alien Minors Act—would allow these students to get federal student loans and participate in federal work-study opportunities while in school. Originally, it would have required in-state tuition for the undocumented students, but was changed to leave it up to states as to what they would charge.

“Without education the future is not clear, not just for (the student) but for the city and the community,” said Leonor Clavijo, communications specialist for the El Centro Hispano advocacy group “If they are asking to study in Durham it is because they want to stay here.”

She said many of the students in El Centro Hispano’s youth program are unable to go to college because of their undocumented status.

“They know more English than Spanish and the only thing they know is the United States,” Clavijo said. “They don’t have a clear concept of where they came from.”

Kris Kobach, a professor at the University of Missouri-Kansas City School of Law, is opposed to the legislation, which has not been able to pass as a stand-alone bill, and wrote a report criticizing it for the conservative Heritage Foundation.

“The DREAM Act makes available in-state tuition for illegal aliens when U.S. citizens attending the same university may have to pay three times as much money,” he said. “There are many American families who are struggling to pay for college. In an era with rising tuition rates, I think it’s imperative that the U.S. government look after U.S. citizens first.”

Josh Bernstein, director of federal policy for the National Immigration Law Center, said the federal DREAM Act would eliminate in-state tuition debate and leaves it up to the state. He said the legislation is more importantly about legal status.

“They are going to live in this country for the rest of their lives,” he said. “The questions that we have is are they going to be educated and legal or uneducated and undocumented.”

Bernstein said the country should spend homeland security money on educating the population instead of “capturing and deporting honor students that are beloved in their community.”

Shirley Ort, director of financial aid at University of North Carolina at Chapel Hill, said there are a handful of undocumented students at the school; however they are not qualified to receive state or federal funding.

“They can gain admission but once they come there aren’t (any government financial opportunities),” she said. “We don’t do a verification process to discern exactly how many people are here.”