-
Plyler v. Doe
Supreme Court ruled that denying children not "legally admitted' into the United States a k-12 education violated the Equal Protection Clause of the 14th Amendment. Higher education was not included in this ruling (Plyler v. Doe, 1982). With a secondary education seen as a right for all, discussion of greater higher education possibilities for undocumented students was the next logical discussion. At this point, no guarantee of higher education was open to undocumented students. -
Illegal Immigration Reform and Immigrant Responsibility Act (IRAIRA)
A person who is not legally in the United States is ineligible to qualify for in-state tuition benefits for higher education on the "basis of residence within a State" (Pub. L. No. 104-208, 1996). Undocumented students were seeking higher education in the United States, but, with no financial support and high out-of-state/international tuition rates, these students were entering and graduating from American colleges and universities in low numbers. -
Rick Perry becomes governor of Texas
Rick Perry became governor of Texas when President George W. Bush was sworn in as the 43rd United States President. Governor Perry would soon make history when he signs House Bill 1403. This governor continued to strongly support the bill throughout his fifteen year run as Texas governor, even during much publicized opposition to the bill when he ran for U.S. President in 2011. -
H.B. 1403: Texas DREAM Act (part 1)
House Bill 1403 was the first state law allowing undocumented students to become eligible for in-state tuition at a higher education institution. Undocumented students who graduated from high school or equivalent in the state of Texas, resided in the state for three years leading up to graduation, and provided an affidavit stating they will file for permanent residency may be eligible for in-state tuition (H.B. 1403, 2001). -
H.B. 1403: Texas DREAM Act (part 2)
"Tuition for a student who is a citizen of any country other
than the United States of America is the same as the tuition required of other nonresident students" (H.B. 1403, 2001). This law began a trend for other states to adopt similar DREAM Acts. Enrollment and admissions offices were forced to update policies and information about required documentation for Texas residency. -
Period: to
DREAM Act Goals
Supporters of the DREAM Act argue that the United States is in need of a larger, more educated workforce. Having a greater number of educated students who can give back to society and the economy can help the United States stay competitive globally. A second reason for supporting these students is that this could be their pathway to citizenship. Thirdly, many advocates consider the DREAM Act a moral obligation to children who were brought here not by their own free-will. -
Period: to
DREAM Act Impact on Enrollment
Flores (2010) found that undocumented students were up to 4.84 times more likely to attend college after H.B. 1403 was passed. Students were opting to go to college because of the eligibility for in-state tuition benefits. Since the majority of these students are Latino/a, American higher education institutions have seen an increase in the number of Latino/a students enrolling. Many of these students are first-generation college students who need greater guidance through the enrollment process. -
Period: to
H.B. 1403 to S.B. 1528
Between 2001 and 2005, multiple lawsuits were made against H.B. 1403. Opponents say DREAM Acts violate federal law by treating one set of students, undocumented students, differently than other students. Another arguement for opposition is that some people see this act as rewarding illegal immigration. Still, between 2001 and 2005, seven more states (California, New York, Utah, Washington, Oklahoma, Illinois, Kansas) passed similar legislation (Hultin, 2014). -
Period: to
DREAM Act Impact on Career Counseling
"General career development concepts may not be compatible with students who do not have the freedom to choose" (Ortiz & Hinojosa, 2010, p. 55). These students are getting educated, even at the graduate level, and being unable to work due to lack of employment required documentation. Recommendations for career counseling include encouraging internships and networking with culturally relevant student organizations (Ortiz & Hinojosa, 2010). -
Federal DREAM Act (part 1)
The Federal DREAM Act was first introduced in the Senate, but has since not been passed. This act would amend the IRAIRA, to allow "unlawful aliens" eligiblity for in-state tuition. "The DREAM Act has been championed by immigration advocates" (Dwyer, 2010). DREAM Acts continue to be passed only at the state level. Undocumented students have very different experiences with enrollment depending upon what state's higher education institutions they plan to apply. This experience continues today. -
S.B. 1528
Senate Bill 1528 amended H. B. 1403 to apply to all students, not only undocumented students. Any student who graduates high school or equivalent in the state of Texas and has resided in Texas for three years leading up to graduation may apply for in-state residency. This resolution helped eliminate the claim that H.B. 1403 was unconstitutional due to treating an undocumented student differently than other students. -
Martinez v. Regents of the University of California
California's Supreme Court unanimously ruled that allowing undocumented students to pay a lower tuition does not violate federal law as challenged by out-of-state students at California colleges (Keller, 2010). This ruling showed the support undocumented students were getting in other states to continue to be given the opportunity to attend and afford American higher education institutions. -
Federal DREAM Act (part 2)
Once again the federal DREAM Act was introduced in the United States Congress. The act failed to advance in Senate after passing in the House. Decisions for accepting and granting in-state residency remained at the state level. -
Deferred Action for Childhood Arrivals (DACA)
The Secretary of Homeland Security announced that certain people may qualify for DACA. Upon eligibility, DACA status would allow two years work authorization. DACA does not grant lawful status (USCIS, 2016). Social security numbers issued by DACA may be used for higher education applications. DACA does not guarantee in-state tution eligibility. Confusion between DACA and DREAM Act seeped into higher education enrollment processes. DACA students were still considered undocumented. -
Dreamers Rally
Supporters of the Texas DREAM Act, known as dreamers, rallied on the steps of the Texas Capitol on the second day of the 84th Legislature. Since H.B. 1403 passed in 2001, the number of dreamers and equality advocates grew tremendously. An article about the rally noted that Texas has "some 16,000 so-called dreamers-undocumented college students paying in-state tuition" (Savage, 2015). UT at Austin's website claims that in 2011 75% of undocumented students attended community college (UTA, n.d). -
Students Testify
Undocumented students, some dressed in cap and gown, testified against the passage of Texas S.B. 1819 which would repeal H.B. 1403. Many students shared personal stories about pursuing their education and growing up "illegal." The Texas Association of Business also opposed S.B. 1819, hoping for a more educated workforce (Eaton, 2015). -
Inauguration Day
The outcome of the election will steer the future of the DREAM Act. A new U.S. President will be inaugurated in January 2017. The agenda of the new President will affect immigration and, in turn, higher education policy. On the state level, in Texas, current Lt. Gov. Patrick pushed to repeal the Texas DREAM Act, but the proposed S.B. 1819 stalled in the Legislature. "By the final days of the session, the measure was effectively dead — at least until 2017" (Watkins and Blanchard, 2015). -
Period: to
DREAM Act Future
The state DREAM acts have not been effective at implementing a similar act at the federal level. In fact, Alabama and South Carolina prevent undocumented students from even enrolling in their higher education institutions. Among states these students can enroll, career options post-degree are limited and not guaranteed. Still, the Texas DREAM Act was effective in raising awareness of undocumented students in the realm of higher education.
