IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
August, 2009
Young
People Need a Dream
I met Juan at a fast food restaurant. Impressed
with his friendliness and quick service, I introduced
myself. We became familiar as I continued to
patronize the restaurant; and Juan agreed, one
day, to sit down to tell me his story. Juan is
twenty-five years old and undocumented. He came
to Colorado from Mexico in 1998 with his parents
and two brothers. Juan's parents were anxious
to get their children out of Mexico, where the
drug trade was becoming increasingly obvious
in their daily lives. Juan is now working full-time
at the fast food restaurant and, on weekends,
volunteers as a youth minister. He hopes, someday,
to go to college and to do missionary work with
his wife.
Sonja,
too, is undocumented. Like Juan, she wants
to go to college. Now eighteen, Sonia has been
in the United States since age three and, this
year, graduated from a Colorado high school
with high honors. She dreams of being a doctor
or a lawyer but was recently urged by her father
to “tone down” those dreams. He cannot imagine
ever being able to pay the required non-resident
tuition for her college education.
In April, 2009, the Colorado legislature considered,
and rejected, a bill that would have dramatically
changed the lives of Juan and Sonja and others
by offering resident tuition to undocumented
students, rather than requiring them to pay non-resident
tuition. Tuition for non-residents is approximately
four times greater than resident tuition. A cost-benefit
analysis of the legislation leaves me scratching
my head over the reason for its defeat.
What
would the costs of such legislation be? The
legislature considered the fiscal impact and
determined that state colleges would generate
increased revenue by enacting the legislation.
Opponents argued that the legislation would encourage
an influx of undocumented families looking for
a state in which college tuition is reasonable.
Speaking from experience as an immigration attorney,
I know that most undocumented families come to
the United States in order to survive – not to
find reasonable college tuition. Opponents say
it makes no sense to reward families that broke
the law when they entered this country. But should
these talented children, who had nothing to do
with the decision to come to the United States,
suffer because of their parents' decisions? Benefits
of the legislation are obvious – a larger population
of college-educated young adults and high school
students who realize that their goal of higher
education in the United States is attainable.
Such a shift in the outlook of those students
may well translate to a lower high school dropout
rate.
The next time this legislation surfaces, please
consider it and tell your legislators what you
think of it. Eligibility for resident tuition
would have a huge impact on the lives of undocumented
students. The subject deserves more than the
knee-jerk negative reaction usually received
by any topic involving illegal immigration.
This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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