Author: Mario Castillo
The California Dream Act consists of two pieces of legislation that would allow AB 540 students to access public and private educational funds. An AB 540 student is a student who attended a California high school for 3 years, graduated and is enrolled in an institution of higher education. Thereafter, they are granted the opportunity to pay in-state tuition fees but are not allowed to access public educational funds. Assembly Bill 130, which was signed into law on July 25, 2011, will allow AB 540 students to compete for and receive private scholarships administered by public universities. Assembly Bill 131, the second unsigned portion, would allow these students to apply for and participate in all student aid programs administered by public institutions to the full extent permitted by federal law.
Undocumented students represent a significant portion of AB 540 students, but not the majority. They should reap the benefits afforded to them by this legislation. It will allow them to improve their socioeconomic status and give them equal access to higher education. The reason why this proposed legislation is so contentious is that it is perceived to be a public benefit granted to “illegals” at the expense of the larger American society. Such misconceptions give rise to emotional responses that are often not constructed in the rational mind, but nonetheless, lead the discourse on the Dream Act and immigration debate. The California Dream Act is beneficial to the state, but in order to view the Dream Act as such it is essential to also deconstruct perceived notions towards “illegals.”
The California Dream Act will provide financial aid to approximately 26,000 graduating undocumented students and to those that are currently enrolled in public universities. They make up less than five percent of the total student population in public higher education institutions. Their presence is negligible and they will not take away funds from citizens. The money set aside for education is determined in advance based on the demand for these funds. Unauthorized immigrants in the state generate $164.2 billion in economic activity, contribute $72.9 billion to the state’s gross product, and paid $2.7 billion in taxes in 2010, according to the Immigration Policy Center. The $40 million the Dream Act does not compare to the contributions undocumented immigrants make. The Public Policy Institute of California projects that by the year 2025 the state will have a deficit of one million college-educated workers. The Dream Act is an investment towards reducing that future deficit, and it should be passed. However, even if this legislation passes, undocumented students will not be legally allowed to hold a job until the federal government changes current immigration law. For this nation to reach a practical solution on the issue it must first set aside how it perceives undocumented immigrants.
No undocumented person can be viewed as “illegal.” There is nothing illegal about being human, having dreams and aspirations, or wanting a college education. By addressing any undocumented person as illegal, it negatively changes the perspective in which we view them and hinders the prospects of having a fair and balanced discussion on the issue of immigration. This term fails to acknowledge the underlying economic, political and social problems that brought the majority of undocumented immigrants to this country. It is dehumanizing to brand a person in such a way because it robs from them their individuality, personality, and character, which are unique in all of us. The humanity inherent in all of us can never be illegal whether you are a citizen of the U.S. or a citizen of another nation.
There is a prevalent argument that claims that by the mere fact that these individuals crossed a border they have become illegal because they broke the rule of law. The rule of law is not always a reflection of reality and at times it completely fails to acknowledge the actual situation. For example, in the history of the U.S., segregation and racial discrimination were once the rule of law. It was only through the valiant efforts of oppressed individuals and sympathetic allies that these laws were overturned to reflect the reality that no human being deserves to be treated so inhumanely. Similarly, immigration law splits families apart through deportations, forces individuals to risk their lives crossing the border, and denies them any sort of relief. Immigration law should acknowledge that immigrants have established themselves in this country, that they can be an asset to the state, and that they were driven here by factors beyond anyone’s control.
California has tried four times to change the rule of law through the CA Dream Act. The California legislature put this bill on the desk of Governor Schwarzenegger four times and four times he vetoed it claiming that the precarious fiscal condition of the state did not allow for it.
California cannot simply invoke the guise of fiscal responsibility to deny undocumented students this opportunity, an opportunity that has already been paid for by the sacrifices, labor, and taxes of undocumented immigrants.
Mario Castillo is a senior DWA major. He can be reached at mcastillo@oxy.edu.
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