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Undocumented Immigrants and College

by Kristin Bagnato , September 22, 2005

Undocumented Immigrants and College
Community colleges could be key in educating undocumented students

For undocumented immigrants, the road to college can have even more potholes than for the average Hispanic student. While the 1982  Plyler v. Doe U.S. Supreme Court ruling guaranteed education through high school for undocumented immigrants, the bridge to postsecondary school can be more complicated. Some states are considering — or have already begun — offering in-state tuition for undocumented students. But students fear problems with the government if their immigration status is revealed and are forced to live in a sort of immigration “don’t ask, don’t tell,” status.

The Development, Relief and Education for Alien Minors Act would allow students who meet certain criteria to be eligible for federal student aid, and more importantly, permanent residency. Community colleges could play a big part in the implementation of the act, because a key element is a requirement that participants complete an associate degree or two years of military service.

“To qualify for immigration relief under the DREAM Act, a student must have been brought to the U.S. more than five years ago when she/he was 15 years old or younger, and must be able to demonstrate good moral character. Under the DREAM Act, once such a student graduates from high school, he or she would be permitted to apply for conditional status, which would authorize up to six years of legal residence.
“During the six-year period, the student would be required to graduate from a two-year college, complete at least two years towards a four-year degree, or serve in the U.S. military for at least two years. Permanent residence would be granted at the end of the six-year period if these requirements have been met and if the student has continued to maintain good moral character,” reads the National Immigration Law Center’s policy paper on the act.

In-State Tuition
Nine states have already enacted legislation to allow undocumented students to pay in-state tuition. Those states are California, Illinois, Kansas, New Mexico, New York, Oklahoma, Texas, Utah and Washington.

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