| BARRIOZONA |
| Bilingual Community Expression Published by the Hispanic Institute of Social Issues |
| By Gerald E. Burns |
As an immigration attorney and a member of the
American Immigration Lawyers Association (AILA), I’d like
to present my view of the Development, Relief, and
Education for Minors (DREAM) Act of 2003, and the
Student Adjustment Act of 2003. This legislation would
allow immigrant students who have grown up in this
country, graduated from high school and have no
criminal record, to go to college and become lawful
permanent residents. The young people who would
benefit from this legislation have done nothing wrong,
yet they are being severely punished by the threat of
facing deportation from the U.S., their home for many
years, to countries where they have no ties.
These bills recognize that some of our best and
brightest students are being prevented from reaching
their potential. As an immigration attorney, I have seen
the impact on hundreds of young people each year who
have been not permitted from pursuing their dreams of
going to college because they have no immigration
status and, without the option of in-state tuition, lack
the resources to continue their education.
The parents of these young people, many from the great
nations of Latin America, brought the majority of these
children here at an early age. They simply could not
decide for themselves to remain in their home countries.
These young men and women are managing to succeed
against the odds and make significant contributions in
communities across the U.S. They are class
valedictorians, straight-A students, star athletes, gifted
musicians and others who are headed in the right
direction. However, the road to which may cause them
to give up achieving their dreams is blocked. They fear
that they have no future and drop out. They may feel
compelled to enter into ill-advised marriages or become
pregnant, wrongly believing that simply having a child in
the U.S. will automatically lead to immigration benefits.
Therefore, I consider it urgent to act and do something
about this situation, by contacting our elected
congressional representatives and expressing our
support of the DREAM Act and the Student Adjustment
Act. Specifically, our own U.S. Senator Jon Kyl, who has
pledged to block efforts to pass these two bills.
The proposed legislation could benefit not only the
young people who face this situation, but our
communities in general, by improving educational
opportunities for Hispanic Americans by enabling
students to achieve their "dream" of pursuing a higher
education, and by lowering dropout rates. According to
the Interim Report of the President's Advisory
Commission on Educational Excellence for Hispanic
Americans*, only 40 percent of foreign born, non-US
citizen children finish school. Many do not finish because
they have no hope of ever moving ahead. This
legislation provides hope for a productive future.
It is imperative as well to let our elected officials know
that these bills raise the educational achievement of
Hispanic students, a factor that is critical to the U.S.
economy. Income is directly related to educational
attainment, and by passing these laws, exemplary
students would help double the rate of Hispanic college
graduates by the year 2010, which would produce
additional tax revenue of $13 billion into our economy.
These bills can also be seen from the perspective of
educational investment. Our educators invest time,
money and valuable resources to educate children in our
schools. It does not make sense to stop investing in our
future by deporting these young people after spending
their formative years in the U.S. Finally, and most
important, this legislation supports family unity and
extends dignity and justice to young people who are
committed to making a difference in our society.
As a member of this community and a law professional, it
is my sincere belief that Congress must strive for
immigration policies and laws that are just, humane and
realistic. This legislation represents the very definition
of these qualities. Now more than ever, our voice must
be heard in support of this important initiative. We
cannot allow the innocent to be punished.
* The report can be found in its entirety at:
www.yic.gov/paceea/finalinterim.pdf
American Immigration Lawyers Association (AILA), I’d like
to present my view of the Development, Relief, and
Education for Minors (DREAM) Act of 2003, and the
Student Adjustment Act of 2003. This legislation would
allow immigrant students who have grown up in this
country, graduated from high school and have no
criminal record, to go to college and become lawful
permanent residents. The young people who would
benefit from this legislation have done nothing wrong,
yet they are being severely punished by the threat of
facing deportation from the U.S., their home for many
years, to countries where they have no ties.
These bills recognize that some of our best and
brightest students are being prevented from reaching
their potential. As an immigration attorney, I have seen
the impact on hundreds of young people each year who
have been not permitted from pursuing their dreams of
going to college because they have no immigration
status and, without the option of in-state tuition, lack
the resources to continue their education.
The parents of these young people, many from the great
nations of Latin America, brought the majority of these
children here at an early age. They simply could not
decide for themselves to remain in their home countries.
These young men and women are managing to succeed
against the odds and make significant contributions in
communities across the U.S. They are class
valedictorians, straight-A students, star athletes, gifted
musicians and others who are headed in the right
direction. However, the road to which may cause them
to give up achieving their dreams is blocked. They fear
that they have no future and drop out. They may feel
compelled to enter into ill-advised marriages or become
pregnant, wrongly believing that simply having a child in
the U.S. will automatically lead to immigration benefits.
Therefore, I consider it urgent to act and do something
about this situation, by contacting our elected
congressional representatives and expressing our
support of the DREAM Act and the Student Adjustment
Act. Specifically, our own U.S. Senator Jon Kyl, who has
pledged to block efforts to pass these two bills.
The proposed legislation could benefit not only the
young people who face this situation, but our
communities in general, by improving educational
opportunities for Hispanic Americans by enabling
students to achieve their "dream" of pursuing a higher
education, and by lowering dropout rates. According to
the Interim Report of the President's Advisory
Commission on Educational Excellence for Hispanic
Americans*, only 40 percent of foreign born, non-US
citizen children finish school. Many do not finish because
they have no hope of ever moving ahead. This
legislation provides hope for a productive future.
It is imperative as well to let our elected officials know
that these bills raise the educational achievement of
Hispanic students, a factor that is critical to the U.S.
economy. Income is directly related to educational
attainment, and by passing these laws, exemplary
students would help double the rate of Hispanic college
graduates by the year 2010, which would produce
additional tax revenue of $13 billion into our economy.
These bills can also be seen from the perspective of
educational investment. Our educators invest time,
money and valuable resources to educate children in our
schools. It does not make sense to stop investing in our
future by deporting these young people after spending
their formative years in the U.S. Finally, and most
important, this legislation supports family unity and
extends dignity and justice to young people who are
committed to making a difference in our society.
As a member of this community and a law professional, it
is my sincere belief that Congress must strive for
immigration policies and laws that are just, humane and
realistic. This legislation represents the very definition
of these qualities. Now more than ever, our voice must
be heard in support of this important initiative. We
cannot allow the innocent to be punished.
* The report can be found in its entirety at:
www.yic.gov/paceea/finalinterim.pdf
| Unblocking the Road to Success |
| Gerald Burns is an Arizona attorney specializing in immigration law. E-mail: burnsgerald@hotmail.com |
This measure was approved by Arizona voters on
the November 7, 2006 election. The intention of
this legislation is to impede students who lack
legal status from participating in state-funded
programs. In plain language, this law means that
taxpayer’s money cannot be used to pay for
services provided for those individuals who reside
in the United States without a permit. The
programs targeted by this Law are:
Voters decided not to allow public funds to be used
for these individuals, based on the notion that
doing so diverts money taxpayers intend to be
used for American citizens and legal residents. The
number of citizens who voted to approve this
measure exceeded one million (1,060,444) versus
under half a million (423,994) who voted against it
(see official results by county; page 16.)
Prior to the election, the Social Research
Laboratory of the Northern Arizona University
made public – through a press release (see the
document, page 7), indicating 70% of the people
surveyed supported the measure, in comparison
with only 22% who opposed it. The Proposition
passed with a 71% of approval.
the November 7, 2006 election. The intention of
this legislation is to impede students who lack
legal status from participating in state-funded
programs. In plain language, this law means that
taxpayer’s money cannot be used to pay for
services provided for those individuals who reside
in the United States without a permit. The
programs targeted by this Law are:
- Adult education
- In-state tuition
- Child care and waivers
- Grants and other financial assistance
benefits for students who aim to attend a
community college or state universities.
Voters decided not to allow public funds to be used
for these individuals, based on the notion that
doing so diverts money taxpayers intend to be
used for American citizens and legal residents. The
number of citizens who voted to approve this
measure exceeded one million (1,060,444) versus
under half a million (423,994) who voted against it
(see official results by county; page 16.)
Prior to the election, the Social Research
Laboratory of the Northern Arizona University
made public – through a press release (see the
document, page 7), indicating 70% of the people
surveyed supported the measure, in comparison
with only 22% who opposed it. The Proposition
passed with a 71% of approval.
| INTERPRETING THEIR DREAM: A student-made poster. Photo: Eduardo Barraza/BARRIOZONA |
| Public Program Eligibility (Prop 300) |
The DREAM Act
| The DREAM Act |
| Internet Resources on the Dream Act |
The DREAM Act Portal
A comprehensive resource to obtain information regarding
the DREAM Act.
Coalition of Students Activists
The Coalition is strongly committed to forming a society
where educating a mind is a universal duty. Its philosophy
stresses the belief that any individual who wishes to realize a
formal education should not be restricted but rather provided
with every means possible to achieve their effort.
National Council of La Raza
NCLR is the largest national Hispanic civil rights and
advocacy organization in the United States – works to
improve opportunities for Hispanic Americans.
National Immigration Law Center
NILC has been dedicated to protecting and promoting the
rights of low income immigrants and their family members.
People for the American Way
Advocates fro the values and institutions that sustain a
diverse democratic society.
A comprehensive resource to obtain information regarding
the DREAM Act.
Coalition of Students Activists
The Coalition is strongly committed to forming a society
where educating a mind is a universal duty. Its philosophy
stresses the belief that any individual who wishes to realize a
formal education should not be restricted but rather provided
with every means possible to achieve their effort.
National Council of La Raza
NCLR is the largest national Hispanic civil rights and
advocacy organization in the United States – works to
improve opportunities for Hispanic Americans.
National Immigration Law Center
NILC has been dedicated to protecting and promoting the
rights of low income immigrants and their family members.
People for the American Way
Advocates fro the values and institutions that sustain a
diverse democratic society.
| “A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents.” |
DREAM stands for Development, Relief and
Education for Alien Minors Act. Known as The DREAM
Act, this piece if legislation intends to remove a part
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, (Section 505.) The
rationale of this Act is to not penalize individuals
who were brought to the United States illegally as
minors, and who due to their age were not involved
in the decision of their parents or relatives in
bringing them here. These children are able to
attend from elementary through high school,
regardless of their legal status.
However, to pursue a college or university
education, and after graduating from high school,
being undocumented in this country prevents them
from obtaining public funding to afford their
education. The inability to access the funding
means that the cost of their tuition would be almost
prohibitive, and ultimately, they would not be able
to continue with their goals of obtaining superior
education. By overwhelmingly approving Proposition
300, Arizona voters supported the concept that
students in this situation shouldn't receive public
funding to allow them to attend a college or
university.
The DREAM Act requires students to:
- Establish that they arrived in the United States
prior to age 16, and have never left the United
States since.
- Graduate from an American High School, or
obtained a GED without having dropped out, failed
out, or been expelled from an American High School
(thus, students who gained a GED without having
ever attended high school).
- Have no criminal record –nothing more than minor
infractions, none of which may be drug related
regardless of how minor.
- Have the ability to speak and write in a proficient
level of English.
- Be able to submit concrete documentation proving
their presence in the United States for a least five
consecutive years since their date of arrival.
- Be above the age of 12.
Support for the DREAM Act
- Beneficiaries will be children who have grown up
in the United States, assimilated to the culture,
fluently speak, write and read the English
language, have no criminal records, and pursue
educational goals to better themselves and their
communities.
- It supports education and promotes an
immigration reform.
- These students were too young to have decided
by themselves to come to the United States; for
them, the United States is their country, therefore
they should not be penalized by preventing them
from continuing with their education by being able
to obtain public funding.
Opposition for the DREAM Act
- This measure would be perceived as the
government rewarding those who have come to the
United States illegally.
- Minimize the level that students who are American
citizens or legal residents have to take advantage
of university or college opportunities, particularly in
certain fields of study.
- It’s unfair for those families who have invested a
great deal of time, financial resources, and followed
the legal process to enter the country legally. Most
of these families have waited a long time to come
to this country by legal means.
- The Act would only help legalize children who are
12 years and older, leaving the vast majority of
children under this age without legal status.
Education for Alien Minors Act. Known as The DREAM
Act, this piece if legislation intends to remove a part
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, (Section 505.) The
rationale of this Act is to not penalize individuals
who were brought to the United States illegally as
minors, and who due to their age were not involved
in the decision of their parents or relatives in
bringing them here. These children are able to
attend from elementary through high school,
regardless of their legal status.
However, to pursue a college or university
education, and after graduating from high school,
being undocumented in this country prevents them
from obtaining public funding to afford their
education. The inability to access the funding
means that the cost of their tuition would be almost
prohibitive, and ultimately, they would not be able
to continue with their goals of obtaining superior
education. By overwhelmingly approving Proposition
300, Arizona voters supported the concept that
students in this situation shouldn't receive public
funding to allow them to attend a college or
university.
The DREAM Act requires students to:
- Establish that they arrived in the United States
prior to age 16, and have never left the United
States since.
- Graduate from an American High School, or
obtained a GED without having dropped out, failed
out, or been expelled from an American High School
(thus, students who gained a GED without having
ever attended high school).
- Have no criminal record –nothing more than minor
infractions, none of which may be drug related
regardless of how minor.
- Have the ability to speak and write in a proficient
level of English.
- Be able to submit concrete documentation proving
their presence in the United States for a least five
consecutive years since their date of arrival.
- Be above the age of 12.
Support for the DREAM Act
- Beneficiaries will be children who have grown up
in the United States, assimilated to the culture,
fluently speak, write and read the English
language, have no criminal records, and pursue
educational goals to better themselves and their
communities.
- It supports education and promotes an
immigration reform.
- These students were too young to have decided
by themselves to come to the United States; for
them, the United States is their country, therefore
they should not be penalized by preventing them
from continuing with their education by being able
to obtain public funding.
Opposition for the DREAM Act
- This measure would be perceived as the
government rewarding those who have come to the
United States illegally.
- Minimize the level that students who are American
citizens or legal residents have to take advantage
of university or college opportunities, particularly in
certain fields of study.
- It’s unfair for those families who have invested a
great deal of time, financial resources, and followed
the legal process to enter the country legally. Most
of these families have waited a long time to come
to this country by legal means.
- The Act would only help legalize children who are
12 years and older, leaving the vast majority of
children under this age without legal status.
| Hispanic Institute of Social Issues © 2007 All rights reserved. webmaster@hisi.org |
links
| b a r r i o z o n a |
Latina Lista
Is Higher Education so Elitist that Undocumented Students
Don't Deserve a Chance?
By Marisa Treviño
DREAM ACT Reintroduced in Congress
Contributors: Noel Castellanos and Rudy
Dream Act is in your extended network
In myspace.com from Glendale, Arizona
Centro Campesino News
My Dream Act passes the Ways and Means Committee!
By Centro Campesino News
Is Higher Education so Elitist that Undocumented Students
Don't Deserve a Chance?
By Marisa Treviño
DREAM ACT Reintroduced in Congress
Contributors: Noel Castellanos and Rudy
Dream Act is in your extended network
In myspace.com from Glendale, Arizona
Centro Campesino News
My Dream Act passes the Ways and Means Committee!
By Centro Campesino News
| Blogs |