Last month, in a blog post in The Hill entitled
“DREAM Act is a Nightmare,” Representative Lamar Smith (R-TX) made a number of questionable assumptions about the DREAM Act that overlook the reality of undocumented students in America. Contrary to the Congressman’s assertion, the DREAM Act does not represent “massive amnesty,” nor is it a “financial gift” for undocumented students. When one takes a moment to explore this issue, as our association has, it becomes obvious that the rhetoric employed by the Congressman fails to address the substance of the issue.
There is currently, as Supreme Court Justice William Brennan put it, a “shadow population” of students living in the United States who were brought into the country as children and who, for all intents and purposes, have grown up as Americans. The lack of documentation for this population is a given—not a choice made by the student, not a situation that can be interpreted by legislators as constituting an act requiring “amnesty” to resolve, which implies a criminal act. The Supreme Court, in its
1982 Plyler v. Doe decision, determined that basic human rights qualify these children for public K-12 education. However, in most states, such students are ineligible for financial aid, pushing postsecondary education just beyond their reach. The DREAM Act has been proposed as a remedy for high-achieving undocumented students willing to go to college or serve in the armed forces.
Some of Representative Smith’s statements were factually inaccurate, and we would like to offer our perspective to ensure a broader understanding of the legislation. The DREAM Act would:
- Not grant “massive amnesty for millions of illegal immigrants.” This bill has been narrowly tailored to only include students willing to pursue postsecondary education and military careers.
- Not mandate states to provide in-state tuition for undocumented students. Instead, the DREAM Act would eliminate the current ambiguity of federal law and give states the right to determine eligibility for higher education benefits. In addition, the bill would allow undocumented students to become eligible for the federal student loan and federal work-study programs to help finance their education.
- Not grant “amnesty to illegal immigrants no matter how old they are.” The DREAM Act clearly states that only those that have “not yet reached the age of 35 years on the date of the enactment of this Act” would qualify. Also, students would need to have arrived in the country before their 16th birthday and have been present for “5 continuous years prior to the enactment of this Act.”
- Not waive the high school graduation or GED eligibility requirement due to “hardship.” Again, the bill language clearly states that undocumented students may have their conditional status removed through “hardship exception” only if the student “demonstrates compelling circumstances” for not fulfilling the higher education or military requirement; demonstrates that removal from the country would cause “exceptional and extremely unusual hardship” to their spouse, parent, or child; have maintained good moral standing. In other words, the bill would not waive eligibility requirements such as high school graduation.
- Not result in the loss of “seats” at colleges and universities for other students. The capacity for the American higher education system to absorb additional enrollments is far from being exhausted. In fact, even in the realm of four-year colleges, space is plentiful. Each May, our association publishes a list of between 200 and 300 four-year colleges with space still available after most students have already made their decisions about where to go to college. While much of our nation’s popular focus on “college” is, in fact, on the most highly-selective four-year colleges, the truth of the matter is that there exists a full range of postsecondary institutions which, taken together, will continue to have space for students well into the future.
The DREAM Act would eliminate the fear of deportation that often plagues undocumented minors. Students of ages 12 and older who are enrolled in either primary or secondary school would be protected from deportation, therefore creating a safer learning environment and promoting basic human rights.
Since 2001, the National Association for College Admission Counseling (NACAC) has advocated on behalf of the DREAM Act to address the plight of undocumented students as they progress through our public education system and seek to pursue their college dreams. Each year, school counseling and college admission professionals work with thousands of undocumented students to guide them through the college admission process despite the limited resources available to such students. Amid the national immigration debate, the spread of misinformation, and the realities of living undocumented in this country, these students continue to strive toward their dreams.
We believe that a bill that promotes educational excellence and rewards high-achieving students for their contributions is something we can all support.
--Submitted by Moses Palacios, Public Policy and Research Assistant, National Association for College Admission Counseling, and Heath Einstein, Government Relations Chair, Texas Association for College Admission Counseling