DREAMing is Believing: Achieving In-State Tuition for Undocumented Youth

Problem Statement

As immigration reform climbs to the forefront of the Congressional agenda following the resounding demands of the Latino constituency, it is crucial that we examine the work that remains to be done to remove inequality from our federal education system, particularly at the level of higher education. Of the 65,000 undocumented youth who graduate from high schools across the United States each year, less than fifteen percent ever attend college. The primary factor creating this discrepancy is that many undocumented students are charged out-of-state tuition at public institutions and have no access to federal aid of any kind. As a result, access to higher education is virtually unattainable for a great many migrant youth, perpetuating a widening achievement gap in the United States.

1. Ambiguity in Federal Laws
   Provisions for higher education rest primarily in the hands of individual states with little oversight by the federal government. As a result, states vary drastically in their positions on allowing undocumented students to pay in-state tuition for higher education, some states even allowing individual institutions the right to determine eligibility.
   The term “residency” is not clearly defined in the Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the foremost cited federal guideline determining tuition eligibility of undocumented students. Though the law does not explicitly prohibit undocumented youth from qualifying as residents for tuition and aid purposes, in many states it is interpreted as such.
2. Polarized reactions to the DREAM Act in Congress
   The DREAM Act has regained much attention in Congress as of late, and its establishment would bypass the ambiguity present in current federal legislation. However, many view the DREAM Act as a form of amnesty, which has created contentious bipartisan debate.
   Disagreements over specific provisions have prevented the passage of the Act, which could offer the best current solution to the problem of inequality of access to higher education. However, a window of opportunity arrives at this very moment as politicians seek to appease the increasingly powerful Latino vote.