As the presidential race heats up, a segment of the non-voting population as well as voters on both sides of the debate to help undocumented students access college will be watching to see where the candidates stand on the DREAM Act (Development, Relief, and Education for Alien Minors Act).

This failed federal legislation would have provided permanent legal residency for undocumented immigrants who were brought to the United States as children, under the age 16, by their parents. Under the latest version, they would need to complete two years of college or enroll in the armed forces and would need to have lived in the U.S. for five years before applying for such status. The law would have also made it easier for undocumented students to access in-state tuition, rather than the higher out-of-state tuition that keeps many students from fulfilling their higher education dreams.

Because the U.S. Congress failed to pass the law, the DREAM Act has been a distant dream, and a crazy quilt of laws remain at the state level. In Arizona this month, voter-approved Proposition 300 took effect, and nearly 4,000 students at universities and community colleges were denied in-state tuition after failing to prove legal residency, according to the state’s Joint Legislative Budget Committee report.

Although undocumented residents can’t vote, citizen on both sides of the debate are considering where the parties stand on immigration. Fifty-seven percent of Latinos, the nation’s largest and fastest growing minority group, according to the U.S. Census Bureau, self-identify as Democrats or are leading towards the Democratic Party, according to a newly released nationwide survey conducted by the Pew Hispanic Center. The center states that although Latinos only comprise approximately 9 percent of voters nationwide, their votes could swing the presidential election because of their numbers in states that are expected to be hotly contested, including Colorado, Florida, Nevada and New Mexico.