The Dream Act Part I

This blog will be broken down into three parts.

1.      Education 2. Admissibility Issues 3. The Future & Other Issues

A mother with a child age two (2) brings her children into the United States. The mother may or may not have entered legally with a valid visa. The child, however, did not receive any paperwork or a visa. The child turns eighteen (18) but does not graduate high school until age nineteen (19).

Q. Did the child have a right to education? Does the child have a right to education?

A. The child had a right to elementary and secondary education; there is uncertainty whether the child has the right to post-secondary education.

Children, regardless of their status, have the right to attend public schools. Plyer v. Doe, 457 U.S. 202 (1982). This is the law of all fifty states and all territories.

Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, § 1623(2)) denies non-documented non-citizens from being eligible on the basis of residence for any postsecondary education benefit unless a citizen…is eligible for such a benefit….” There is no U.S. Supreme Court decision as to whether the child would have a right to attend college. The Federal law has a potential conflict with state law in those states that allow a non-documented non-citizen to obtain in-state tuition benefits.

Why is there a potential conflict? Non-documented non-citizens are not eligible for post-secondary benefits simply because they may reside in a state because the non-documented non-citizen could not obtain residency anywhere. Unless states were to allow U.S. citizens from out of state to receive in-state benefits in the same manner, then there is a conflict.

There are, however, states that allow undocumented non-citizens to receive in-state tuition benefits upon proof of residency or “something else” within the state. Such states include, as of the date of this posting:

1.      Texas

2.      California

3.      New York

4.      Utah

5.      Illinois

6.      Washington

7.      Nebraska

8.      New Mexico

9.      Maryland (only community colleges)

10.  Oklahoma

11.  Wisconsin

12.  Kansas

Q. How can the child receive funding to pay for the education?

A. There are a few resources to help you out. WARNING: it takes work.

There are few scholarships that allow a non-documented non-citizen to obtain scholarships; most require a valid social security number.

There are places, such as the Mexican American Legal Defense and Educational Fund (MALDEF). (www.maldef.org) The Salvadoran American Leadership and Educational Fund, may also prove to be beneficial. (www.salef.org). You may also search through websites such as www.fastweb.org.

A bank or another source may provide funding.

Q. What if I have further questions?

A. Contact us or write a comment here below.