Each year, many people arrive in the United States looking for work w ithout having gone through the proper legal channels. These workers are known as ‘undocumented' workers. In 2005, the population of undocumented immigrants in the United States was estimated at around ten million.
A proportion of the undocumented are children. They were not born in the United States , so they are not legal residents. But they themselves did not take the decision to enter the country illegally and many left the country where they were born very young so, as far as they're concerned, the United States is their home.
Since 1982, children have been entitled to receive state-provided school education.
Prior to this date, in Texas , a state law prevented funds from being used to educate undocumented children. This was challenged. The Supreme Court found the law to be unconstitutional and ruled that the children of undocumented immigrants have the right to attend public school. The Court was particularly concerned that denying the children access to education was punishing them for the actions of their parents. All children, therefore, have access to education until grade 12, regardless of their immigration status.
But the prospects for an undocumented high school graduate are uncertain. A more recent federal Act in 1996, known as The Illegal Immigration Reform and Immigrant Responsibility Act, may be said to have effectively blocked their access to higher education.
In the United States, students who are not normally resident in the state where they go to college pay a higher tuition fee, typically two or three times the in-state charge.
The Illegal Immigration Reform and Immigrant Responsibility Act discourages colleges from granting in-state tuition fees to undocumented students, because this would mean they would be paying less than US citizens from other states.
This means that, regardless of the length of time an undocumented student has lived in their “home” state, since they are not legally resident, he or she must pay the higher non-state fee. The extra cost often makes a college education impossible for students in this position.
“In addition to helping ambitious young men and women who have prepared themselves to attend college and otherwise make contributions to the United States , the DREAM Act also offers hope to youngsters who must decide whether they will stay in school or drop out. With the hope of realising their dream, these young people are more likely to remain in school and earn far more than their counterpart who drops out. As such the DREAM Act will not only directly improve the quality of life of its beneficiaries, but will also benefit the overall American economy by significantly increasing spending and investment from these immigrants.”
Senator Orrin Hatch, statement to the Senate, 2003
In 2001, despite the 1996 Act, Texas became the first state to allow undocumented students to pay in-state tuition fees. Since then, several other states have followed suit.
However, even if an undocumented student attends college, the problem of their residency remains once they graduate. They are still not legal residents of the United States, and not legally able to work.
Some people believe that the children of undocumented immigrants should just be given legal status. That way they could get an education, just like any other youngster, and go on to make a contribution to society by working and paying taxes.
“Any program like this is going to be a magnet that attracts people here illegally. It's enough that we're providing a full school education at taxpayers' expense. Now we're supposed to provide college education? Our colleges are already overcrowded. People who're trying to get their kids through school save their money and take out expensive loans. And now we're supposed to provide subsidised, taxpayer-funded secondary education college for people who don't have a right to be here?”
Dan Stein of the Federation of American Immigration Reform
There is a proposal to introduce a federal law which would allow just that. The Development, Relief and Education for Alien Minors Act , or DREAM act, would grant conditional lawful resident status to high school graduates who had grown up in the United States . After a period of time, and upon completion of a voluntary work programme, college degree or military service, they could apply for lawful permanent resident status. The Act also encourages colleges to charge in-state tuition fees to undocumented students, based on where they live, not their immigration status.
Supporters of the Act say that it is a way of offering a future to the children of undocumented residents which would benefit the country financially. Not only would these students go on to become tax-paying professionals but, because a clean criminal record would be a condition of granting of lawful permanent resident status, they would be less likely to drift into crime. Taxpayers' money spent on education would therefore be money well spent.
Many political commentators in the USA argue it is very likely the DREAM Act will be supported in Congress and by the President during the 109th Congress. They point out that the economy needs more highly skilled workers alongside the existing low skilled workers in the service industries and agricultural jobs. If undocumented students are enabled to go to college, and eventually gain citizenship, they can compete for professional jobs and more successfully pursue the American Dream.
However, many people still oppose the idea of the DREAM Bill, and are opposed to colleges offering concessions to undocumented students. As far as they are concerned, this amounts to rewarding people for committing a crime. Others support the reasoning behind the original Illegal Immigration Reform and Immigrant Responsibility Act , arguing that it is not right for an undocumented person to pay less in tuition fees than a legal resident from another state.
The Act ‘ sends the message that America has immigration laws, but doesn't intend to enforce them. It says that you get away with it (illegal immigration) for a while, we will not only not punish you - we will reward you.'
Republican senator for Alabama , Jeff Sessions, during a debate in the Senate Judiciary Committee
The DREAM Act is bi-partisan. This means support for it crosses party lines. The version of the Act introduced into the U.S. Senate in November 2005 is sponsored by Senator Richard Durbin, the Democratic Senator for Illinois , and co-sponsored by two Republican Senators, Chuck Hagel of Nebraska and Richard Lugar of Indiana .
They received a benefit along the way that they never really should have received anyway. If you want to be fair, what you do is apprehend people who come into this country illegally. They break the law, and you get them out as fast as possible. Anything they receive by staying here not only is subsidised by the American taxpayer, but is unfair to all those people who would like to come to this country but are trying to wait to play the game legally.
John Aitken, Alabama resident
The DREAM Act is widely supported by Hispanic advocacy groups, such as the National Council of La Raza , and by groups such as the Catholic Church and the American Civil Liberties Union .
As well as lobby groups who argue in favour of a more liberal approach to immigration, there are those who are opposed to any relaxation of immigration law. Unsurprisingly, the Bill is not supported by those lobby organisations who take a hard line on immigration generally, such as Americans for Immigration Control and the Centre for Immigration Studies . Groups such as these believe current rates of immigration, and the general idea of a multicultural American society, are both harmful to America . Their basic argument is that American success is based on a strong Northern European heritage that should be protected.
Another group which opposes the Bill is the Committee Opposed to Militarism and the Draft , because they believe that it will encourage more young Hispanic people to join the military.
