New York DREAMs of State-Level Tuition for Undocumented Students
The federal DREAM Act
proposes legislation for the Development,
Relief, and Education of Alien Minors. But with the DREAM Act stuck in political
gridlock on Capitol Hill, students and immigration advocacy organizations are
renewing the fight for DREAM enactments at the state level, particularly in
relation to financial aid for undocumented students. Notably in California, the
DREAM Act found approval in the State Legislature and was signed by Governor
Jerry Brown in 2011. Currently, 16 states offer college tuition for
undocumented students who meet certain criteria. California alone supplies financial
aid to the undocumented through the state’s own DREAM Act. The financial burden
caused by ever-increasing tuition costs and low wages is a major obstacle for
undocumented students eager to attend college. As demonstrated by U.S. Bureauof Labor Statistics data,
workers who have college degrees (bachelor’s or advanced) earn almost twice as
much as workers who don’t. Higher salaries generate more revenue from income
tax and increased spending, which also means greater revenue from sales tax.
In
New York State, U.S. citizens and permanent residents receive TAP (Tuition
Assistance Program) funds when they meet eligibility criteria. Specifically
excluded from TAP eligibility are undocumented students, as they do not meet
the residency criteria under current laws. The New York State DREAM Act aims to
extend TAP eligibility to undocumented students if they meet the following
guidelines:
• Students
must have attended high school for two years and graduated or have a New York
State general equivalency diploma (GED).
• They
must enroll in a college or university in New York State within five years of
graduating from high school.
• Students
must affirm they will apply for legal immigration status as soon as they are
able to do so.
In
addition to the aforementioned guidelines, undocumented students must also meet
TAP requirements, which include:
• Enrollment
as a full-time student taking 12 or more credits
• Declaration
of a major by the second year of a two-year program or by the third year of a four-year
program
• Maintenance of a
C average
In
order for a bill to pass in New York State, it must gain both Assembly and State
Senate approval before being signed by the governor. In the midst of an economic
recession, the New York State DREAM Act failed to garner the necessary support
from the Republican base, as the expansion of TAP was deemed adversarial to Republican-backed
austerity measures.
Critics
of the NYS DREAM Act say that providing TAP to undocumented students is far too
costly and would add to the mounting budget deficit. Despite their claim,
research conducted by the Fiscal Policy Institute indicates that the expansion
of TAP would require only $17 million in additional income tax revenue, which
would amount to merely $.26 for taxpayers making $20,000 to $25,000, $.87 for taxpayers
with incomes of between $45,000 and $50,000, and $4.92 for taxpayers making $150,000
to $200,000. This cost-benefit analysis highlights the clear advantage of
passing the NYS DREAM Act.
Passage
of the NYS DREAM Act benefits society not just economically but socially. Undocumented youth have been educated in the New York public school system and
have grown up alongside their documented peers. Many are fully integrated
members of society—eager to contribute and make a difference. Providing tuition
assistance to undocumented immigrants yields a positive return on investment
for the community as a whole.
Broadening
access to higher education increases high school graduation rates and college
enrollment for undocumented youth, which corresponds to a decrease in crime.
Education leads to a safer society. Giving undocumented youth greater access to
higher education encourages them to work ever harder in high school and obtain
a diploma, making it less likely they’ll turn to crime.
The
number of jobs that require a college diploma continues to expand, and it is
important the state invests in higher education to meet this burgeoning job
growth. There are currently many paths to obtaining work authorization, and
even people without such authorization continue to contribute. A more educated
population makes for increased job creation and, ultimately, innovation. A
win-win for New York.
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Jung Rae Jang
Intern
Eve C Guillergan PLLC
www.knowyourvisa.com
Tel: (212) 279-9020
Jung Rae Jang
Intern
Eve C Guillergan PLLC
www.knowyourvisa.com
Tel: (212) 279-9020
