Act supports education for immigrant students

Just as the issue of illegal immigration affects the country as a whole, it affects the state of education and universities, and changes in state and federal legislation across recent years give evidence supporting that belief.

As it stands now, the Texas Development, Relief and Education for Alien Minors Act affords children of undocumented immigrants the opportunity to study at Texas universities for in-state tuition rates, provided they meet certain requirements.

“Right now, one of the most important pieces of legislation in Texas is HB 1403 (the DREAM Act), which was one of the first in the nation to allow undocumented students to pay in-state tuition,” said law professor Geoffrey Hoffman, director of UH’s Immigration Clinic.

“The law requires that, to qualify, a student must have resided with a parent or guardian while attending high school in Texas, graduated from high school or have received a GED in Texas, have resided in Texas for at least three years leading up to graduation or receiving the GED, and must provide a signed affidavit indicating an intent to apply for permanent residence as soon as possible.”

The Texas DREAM Act was first signed into law in 2001. Since then, other states have followed suit, creating similar laws. While a federal DREAM Act has been debated on the Senate floor for several years, current federal law, which provides no financial aid for undocumented students, takes a hands-off approach.

“Federal law leaves the issue of admitting or banning (undocumented students) to the states, who in turn decide these polices on the institutional level,” said law professor Michael Olivas.

The Department of Homeland Security enacted Deferred Action for Childhood Arrivals in 2013, which helps protect those who arrived in the country as children of illegal immigrants and enables them to find gainful employment by giving them access to Social Security numbers, occupational licenses, driver’s licenses and the ability to leave the country and return. The UH Law Center and the Immigration Clinic provide assistance to students who may be eligible for aid from the DREAM Act and DACA. Representatives of UH were unavailable for comment regarding exactly how many students this entailed.

“The University does not collect this information from students,” said Shawn Lindsey, director of media relations. “Applications are handled using the uniform ApplyTexas application.”

With the federal DREAM Act still being discussed in Congress and Texas gubernatorial candidates such as Sen. Dan Patrick arguing to overturn the current Texas DREAM Act, immigration issues in education are bound to be a topic of debate in the near future.

“I do not see major legislative change at the state level. It’s 50/50 that federal legislation will be enacted to provide immigration reform,” Olivas said. “Even so, these DREAMers and DACA recipients will be at the front of the line with comprehensive immigration reform when it happens.”

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