News, Views and Careers for All of Higher Education
May 21, 2007
As Marie Nazareth Gonzales puts it, “Life in limbo is no way to live.” A junior at Westminster College in Missouri and a Costa Rican who came to the United States at the age of 5, Gonzales is living here on borrowed time. Her parents were deported in 2005, and her own deportation has now been deferred three times, each deferral good for one year. “Last month, when they gave me until June of 2008, they told me it would be the last renewal. If the DREAM [Development, Relief and Education for Alien Minors] Act doesn’t pass by then, I will have to leave,” Gonzales told the House Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law during a hearing on undocumented student issues Friday morning.
“My life since April of 2002 can be easily compared to a roller coaster,” Gonzales said. “There have been times when I have felt like I was on top of the world, living out mine and my parents’ dream of being a successful young woman in her college career, only to be brought down by the realization that at any moment it can be taken away.”
The plight of undocumented college students attracted virtually unprecedented attention in Congress last week, when Democratic and Republican Senate leaders, with President Bush’s backing, announced a comprehensive immigration reform package that would include a DREAM Act provision providing a path to permanent residency for college students and military personnel under 30 who came to the country illegally as children. Passage of the Senate plan — already derided as an amnesty bill — is in no way a sure thing. Still, advocates for undocumented students say they have good reason to be hopeful.
“This seems to be the most optimism that we’ve been allowed to have in quite some time, certainly in the seven years that I’ve been working on this issue,” said David Hawkins, director of public policy for the National Association for College Admission Counseling. He cited not only the bipartisan Senate plan but also the willingness of the House subcommittee to hold a hearing on undocumented students Friday. That same hearing, Hawkins said, never would have happened even one year ago (when Republicans were in control).
“I don’t want to jinx ourselves, but if you have [the support of] the administration, a bipartisan agreement in the Senate and a committee in the House that seems willing to take this on, in addition to some very compelling testimony from students this morning, I have to feel that the outlook is good, certainly better than it has been in some time,” Hawkins said Friday afternoon. He added that he thinks the Senate plan will spur the House to come up with a package of its own to send to the floor by summer.
The Senate plan is deliberately broad in scope, offering avenues toward permanent legal status for an estimated 12 million undocumented workers; enhancing border security; stepping up the burden on employers to verify employee work eligibility; creating a temporary worker program with a 400,000-person cap; and establishing a point-based merit system in which would-be permanent residents earn preferential status based on such factors as English ability, level of schooling (with extra points for training in science, math and technology); a job offer in a high-demand field, work experience and family ties.
Under the plan, many undocumented college students would be immediately eligible for a probationary Z visa, and, after three years (less than the time period for other applicants), a green card. Currently, college students present in the country illegally — who, their advocates like to point out, often came here as very young children and played no role in the decision to come to the United States — have no clear path to citizenship. They face a host of barriers in obtaining their educations: ineligibility for federal financial aid; higher, out-of-state or even international student tuition rates at some public institutions; an inability to work part-time; and a lack of motivation associated with the knowledge that, without the opportunity to obtain legal status, they might not be able to find employment in their degree field.
“They cannot even legally drive themselves to their college classes, a burden for those who must live with their parents in order to afford and attend college,” Jamie P. Merisotis, president of the Institute for Higher Education Policy, said at last week’s House subcommittee hearing.
The Senate proposal also would remove some of the teeth of a 1996 federal law some states have interpreted as restricting the eligibility of undocumented students to obtain in-state tuition status (now extended to illegal immigrants who can establish domicile in 10 states regardless). Under the plan, states could clearly allow students with Z visas to pay in-state tuition rates, and affected students would also be eligible for federal loans and work study, but not Pell Grants. Yet, advocates stress that the plan is still in proposal phase, and that details are still fluid.
“Both God and the devil are in the details,” said Michael A. Olivas, a law professor at the University of Houston and director of the Institute for Higher Education Law & Governance.
The in-state tuition question came up repeatedly during Friday’s subcommittee hearing, with Rep. Steve King (R-Iowa), the ranking member, pressing the student and young alumni witnesses to explain why they should get to pay in-state tuition while an out-of-state U.S. citizen cannot. “I ask you to reconcile this from a moral perspective,” King said to Gonzales (who answered that, though she attends a private institution, she considers herself to be a Missourian who has contributed to her community, as opposed to someone who “just moved in”).
“Often we legislate by anecdote,” Representative King said. “My heart goes out to all those who aren’t in control of their destiny ... but by the same token, the United States needs to be in control of its own destiny.” Without the ability to look people in the eye and send them home, King said, how can the country claim to have a border, or an immigration policy? “If we take too many passengers, the ship sinks. If we take too many down in steerage or up in the stateroom, for that matter, we won’t be able to navigate.”
Kris W. Kobach, senior counsel at the Immigration Reform Law Institute and a professor of law at the University of Missouri at Kansas City, also stressed the unfairness in rewarding illegal activity and thereby penalizing those who pursue the proper channels. The message being sent, he said at the hearing, is, “If you go through the hoops and go through the bureaucratic process, which is admittedly difficult to do, we will penalize you.”
Yet, most of the subcommittee members Friday seemed supportive of rewriting immigration law for the benefit of undocumented students, with the chair, Rep. Zoe Lofgren (D.-Calif.), calling it “one area that both Democrats and Republicans feel need to be fixed.” Rep., Howard L. Berman (D.-Calif.), an author of the DREAM Act, which has sat stalled in Congress for several years now but has taken on some new life in the bipartisan Senate plan, specifically took issue with King’s disparagement of the idea of “legislating by anecdote.”
“The day that the 535 people here divorce themselves from the stories of real people governed by our laws and our policies,” Rep. Berman said, “is a day we need to close this institution down.”
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More than one million law-abiding persons, both in the U.S. and abroad, have been waiting for up to 20 years to be admitted legally to the U.S.
Years of obvious border-control neglect by the Bush/Clinton axis have left behind a paperwork nightmare that will require decades to fix.
Any potential future costs for the proposed Senate bill have not even been estimated — what happened to pay-as-you-go?
Democrat pollster Frank Luntz indicated illegal, undocumented immigration has become the new third-rail of politics. What a perceptive fellow.
L.L., at 7:50 am EDT on May 21, 2007
Frank Luntz is a Republican pollster.
Dan, at 9:30 am EDT on May 21, 2007
Is there anyone not covered by this so-called immigration “reform"? I know Ms. Gonzales is not responsible for her parent’s breaking the law, but is the possibility of returning to Puerto Rico that daunting? It is one of the richest (if not the wealthiest countries in Central America) and no doubt her skills could be put to good use. She would also be closer to her immediate family.
It is not lost on many of us that the same gonvernment that is responsible for this horrendous mess is now going to try and “fix” the problem. I’ll retire to Bedlam.
dg, at 10:20 am EDT on May 21, 2007
After studying the proposed immigration reform bill this past weekend, I have concluded that it is completely unenforceable and will be a disaster for America.
It is clearly written by wealthy congressmen completely out of touch with the realities of American society. Clearly, much of the provisions (tougher border security, guest workers, etc), are not meant to be enforced and are simply window dressing in order to ram it down the throats of the American public.
As for illegal college students, I do sympathize with Ms. Gonzalez, but it remains a fact that if her parents work “off the books", then they did not pay taxes to support state-funded universities. As such, it is wholly unfair for someone like her to be allowed to pay in-state tuition, while all other in-state students have paid taxes to support the institution.
Under no circumstances should “undocumented” people be allowed to pay in-state tuition. Instead, they are international students, and should be held to the same requirements as students from any nation overseas, namely being required to pay out-of-state fees.
How fair is it to students from other parts of the world (and Americans from other states) that they pay out-of-state tuition simply because their home countries are not close enough to the US for them to sneak in?
Rob, at 10:45 am EDT on May 21, 2007
This story mentions the “undocumented student” five times but not once does it say that they are ILLEGAL!! Why are my tax dollars continually funding these illegal students and children of illegal aliens to get a free or subsidized education? My wife and I work very hard to ensure our children’s future, yet, we are being penalized because we make too much money to receive any kind of benefit for our children’s college education. I wonder if our law makers ever had to worry about choosing to either pay for their own kid’s college education or a mortgage payment. Or how about choosing to spend an increasing amount of property tax but not be eligible for a break on your kid’s college tuition? This is a broken system and our elected politicians are not in touch with the people. Vote America!! Call your representatives….for a change!!
John Lane, Inst App. Engr, at 10:45 am EDT on May 21, 2007
For DD:
The student is question is from Costa Rica, Not Puerto Rico. Furthermore, ALL Puerto Ricans are US citizens, and have been so since the 1917 Jones Act was passed by congress (and against the wishes of the PR legislature). Puerto Ricans have served with distinction in the military beginning with World War I — the reason citizenship was imposed in that time.
C. Rodriguez
Carmelo Rodriguez, Director of Student Services at City College of New york, at 12:00 pm EDT on May 21, 2007
These students lack residency rights because they are in the country illegally.
Actions have consequences.
kh, at 12:00 pm EDT on May 21, 2007
Agreed. “Life in Limbo” is no way to live.
I suggest “Life back in Costa Rico” would be better for all concerned. Come back when you’re in compliance with our (poorly enforced to date) immigration laws.
This amnesty, er...reform bill is a travesty and an insult to all US citizens.
Jon, at 12:00 pm EDT on May 21, 2007
Regarding Ms. Gonzales (who is from Costa Rica, dg, not a U.S. citizen from Puerto Rico), Rob questions whether her parents worked “off the books” and didn’t pay taxes to support state universities. Just two points to note: 1) This article provides a link leading to Ms. Gonzales’ May 16 testimony before a House subcommittee. She noted that her father worked as a courier for the office of Missouri’s governor and received public recognition from the governor. It’s likely that all relevant taxes were deducted from his salary. 2) Yes, many illegal aliens do work “off the books” and do not pay federal income tax. However, studies show that most of these folks—who pay state and local sales taxes every day—are either too proud or too fearful to claim Social Security, welfare, or medical benefits. Thus, they often contribute more to our government coffers than they withdraw. There may be reasons to question the DREAM Act, but they don’t include aliens’ contributions to our taxing systems.
jw, at 12:55 pm EDT on May 21, 2007
Jon, I am a US Citizen. A very good one (so I have been told). I am not “insulted” by it. Moreover, assuming it is an “amnesty” it would be one of a long line of such pieces of legislation that brought illegal or undocumented people into “the system.” Most of the proposals give illegal/undocumented aliens an opportunity to prove that they can comport with our laws. The current situations encourages them to simply hide in the shadows. I don’t know which is better. A lot of Americans like eating at cheap restaurants with dishes cleaned by illegal immigrants (but don’t want to serve time for encouraging illegal immigration.)
KH, As a legal matter, just because someone is “in” the country “illegally” doesn’t mean that they are not a “resident” of a state.
dg, Puerto Ricans are US Citizens. Therefore, your argument about them might be problematic.
The reason that people refer to people as “undocumented” rather than “illegal” is that some people have specifically intended to break a law, whereas others have become “undocumented” by virtue of time passing. For example, a British person that comes to the US under the Visa Waiver program, and falls into a coma, thereby overstaying the number of days permissible, lacks the requisite mens rea to have committed a such a crime. Now, people that illegally “re-enter” the country have committed a crime and are subject to criminal penalties, rather than just civil deportation.
I don’t really have a position on the right way to resolve this, and I assume that everyone is acting in good faith. However, I am not going to bang the table and say that I am “insulted” by any proposals.
Larry, at 1:55 pm EDT on May 21, 2007
We cannot deny students the opportunity to contribute to our society by holding them accountable to actions that were not their own when they were children, it is both short sighted and xenophobic. Our society needs more college graduates, not less. The majority of undocumented students who are competitively eligible for college not only are a future asset to our society, but exhibit stronger qualities of patriotic citizenship than many American citizens. There really is no argument against the frustrations of an American family not being able to afford college for their own children, much less paying for “illegal” students to go to college. Indeed, our government and education leaders have dropped the ball completely on financing a college education for families, but once you acknowledge that deporting thousands of undocumented students is never going to happen, you can either support broad investment in them as future college graduates and participatory citizens or expect to watch more of the same (swelling lower class, more taxpayer dollars invested in incarceration facilities and social services).
Brian Aguilar, TRIO program, at 1:55 pm EDT on May 21, 2007
I voted for a Congress and administations that allowed 30 million illegals into the country and ran up a 9 trillion dollar national debt, Truth be told, so did nearly all readers.
The illegal entries and the debt will continue to increase at the same pace no matter which of our two major parties is elected, because our “representatives” want these to increase. Those who wanted these increases, are well represented by their favorite party.
Prof Ed, at 1:55 pm EDT on May 21, 2007
The nativists are certainly restless around here!
Joseph Duemer, Professor at Clarkson University, at 2:55 pm EDT on May 21, 2007
jw: Sorry, but your statement is patently false. If someone is working off the books, like most illegals, they are not paying any taxes at all, not federal, state, or local.
There is no doubt to most Americans that illegal immigrants are drain on our system, not a contribution. Your statement that illegals are too “fearful” to collect welfare is also false. What are they “fearful” of?
Where I live the illegal immigrants don’t hesitate to say that they are illegal — they don’t care, because they know the government is not going to deport them. The illegals I encounter every day are by no means “fearful” of deportation.
Talk to any cashier at a grocery store and find out how many illegals are paying with food stamps. Talk to any rental property owner and find out how many illegals are receiving subsidized housing. Talk to doctors and nurses to find out how illegals are bankrupting public health care.
I don’t know what study you’re citing, but if you have actual experience with any of these issues, you could easily see that any such “study” is full of holes.
Rob, at 2:55 pm EDT on May 21, 2007
Rob, Just a few points of clarification. In most states, everyone that buys stuff in a state with a sales tax is paying a tax. So, even someone with no legal status, and no pretense to paying income taxes collected by employers is paying some tax or other.
Secondly, many “illegal” people have given erroneous social security numbers to employers, who have, in turn, withheld state and federal income taxes. The IRS has been slow in catching up with this, but it is hard to see who the victim of such a “fraud” is.
Third, states, for better or worse, have different policy goals than the federal government. Many states actually like the fact that there are undocumented immigrants. In some cases it is for altruistic reasons. In other cases, it is because legislatures probably want a source of cheap labor and second-class citizens that are reluctant to enforce their rights in court. However, as a trade-off for this, they provide them with some services.
Fourth, as a legal (rather than policy) matter, the Supreme Court has held, in Plyer v. Doe, that undocumented children have a right to attend whatever schools have been created.
While I understand your policy views, I think it is sort of strange to demand “studies” from people when your own analysis is based on talks with unnamed “cashiers” or “landlords.”
Larry, at 4:10 pm EDT on May 21, 2007
Yes, if someone is in the US illegally, they could be considered “residing” there. If someone is squatting at your house while you are away, they could be considered “residing” there. Both are breaking the law, and both should have to live with the consequences of their actions.
kh, at 6:25 pm EDT on May 21, 2007
Attempts by certain political groups to physically prevent their opponents from peacefully exercising their constitution right to free speech on campuses have been well-documented.
Kudos to those here today who refused to be intimidated by a bunch of ideological thugs and their academic enablers.
And ditto to IHE for its ad-supported bandwidth. Market economies work — just ask the Chinese Communist Party and the People’s Liberation Army!
L.L., at 6:25 pm EDT on May 21, 2007
KH, Not to go into too much depth here, but just because someone’s work permit or visa has expired does not mean they are here illegally. In many cases someone’s immigration status can be adjusted. A “first-time” undocumented person is not committing a crime, as their deportation is a civil matter. (A second-timer is committing the crime of “illegal reentry.”)
Larry, at 8:35 pm EDT on May 21, 2007
Larry,
If an illegal immigrant is giving out erroneous social security numbers, then the victim is the person whose number has been stolen. Would you want an illegal immigrant giving YOUR social security number as their own? That’s a perfect way to be a victim of identity theft, or to have your credit report mucked up. I find it astonishing that you would think something like this is victimless.
Also, just because illegals pay sales tax does not change the issue. They still pay less tax when they work off the books than those who work legally. The point is one of fairness — it is wholly unfair for a segment of the population to be able to dodge paying taxes that everyone else has to pay, especially when that segment starts using the services which those taxes support.
Rob, at 3:50 am EDT on May 22, 2007
Rob, These “illegal” immigrants don’t steal social security numbers or peoples’ identity. In the past, they just made up numbers, and hoped that they corresponded to someone. The only victimization, if you will, is that a person had some extra social security contributions credited to him. I have seen this happen (and the government’s efforts to combat it) for over 10 years, and there is no systemic pattern of identity theft, and the resulting damage to credit ratings.
There are a lot of unfair things in our system of taxation. My guess is that the kind of jobs illegals get would result in very little tax being paid into the system anyway. If they were legitimate, they would be eligible for all sorts of benefits that the poor people get (which is unjustly unfair to rich people). The result is that they would probably get a refund. Then again, proud Americans wouldn’t want to work those jobs, anyway.
Larry, at 8:35 am EDT on May 22, 2007
This one study —
http://www.newsobserver.com/724/story/384673.html
from this —
http://www.google.com/search?as_q...arch=&as_rights=&safe=images
Lar — stipulating that you are a lawyer. Not going to consume valuable ad-supported bandwidth, debating the definition of “rule of law.” It is probably in here, somewhere.
http://www.google.com/search?hl=e...ule+of+law%22&btnG=Google+Search
Just going to ask GWB and Teddy Kennedy if I can get the similar deal as the illegal immigrants and not pay taxes for higher education for the next 25 years.
Wouldn’t that be fair, for the childless? If not — why? Let’s study and debate that issue for 25 years, while those taxes are held in escrow, with interest accrued going to legal poor folks. Thanks.
L.L., at 8:40 am EDT on May 22, 2007
We are here us legal status non immigrants, to fullfil our dream. Our daughter also non immigrant growing up here, attented elementry, middle, highschool and now university of course as international student. Soon she will be 21 and out of our visa status. She has to apply for international students visa to finish her education. Has been on top of her class since elementry, get regognitions for good citizien, even from the president from the united states awarded for her public service ad so on etc..
She gets pushed out with no assurance to get a new visa because she has no connection in our native land, which is required for the new visa. We have written to every senator, houserep, news paper about this situation but no respond.
We are suppling employment, are paying tax, are legal in this country and only have the green card lottery as possibilty to get permanet residency. Since 10 years we played but never got lucky.
We are allways with the law but if you are breaking the law you are better of because you only can win and nothing lose.
Regular citizien are not aware of situation like ours and can not understand the system and what we are going through. Our daughters future is also unpredictible even for law full people.
Just wont to educate people that there are not only “illegal immigrants” out there, because nobody else will do it.
Annett, at 12:15 pm EDT on May 22, 2007
” .. Just wont to educate people that there are not only “illegal immigrants” out there, because nobody else will do it ..”
Au contraire, madam.
My old boss, a great human being, told me how his father, a European seaman, illegally jumped ship in Boston in the early 1900s.
Then his father traveled 1,000 miles to his uncle’s house — and patiently waited for more than 10 years to legalize his status.
That, in a time when if you didn’t follow the rules, the authorities really DID throw you in jail! Without the ACLU to help!
My boss grew up in the late President Ford’s neighborhood, worked his way through college, became a legal administrator, served in the U.S. military during wartime, and still calls the U.S. “the greatest country in the world.” Old-fashioned — and heart-felt.
That is: he doesn’t wave another country’s flag in the U.S., doesn’t loudly demand public services as some kind of entitlement, and takes care of his family responsibilities.
Like many of his peers, my old boss has a hard time understanding how this got to be such a huge, overwhelming mess. So do I.
Russ, at 4:35 am EDT on May 23, 2007
With all the pontificating going on, I would like to know what you expect us high school counselors to do. Should we gather all our top scholars in the room, sort them into two groups and say to group #1 “Congratulations, students! Your hard work has won you entry into top schools! Go and continue to learn, and contribute to society! We’re so proud of you". Them should we turn to the other group and state, “Why did you waste your time with these AP classes and unnecesaary calculus courses? Your hard work and good grades have only served to make you frustrated! Go out and get jobs as nannies and gardeners, and stop thinking that our messages of hard work earning you rewards was ever meant for your ears! Your fates were sealed as toddlers when your parents brought you here! Go back to your country of origin, regardless of the fact that you’ve never seen it and your Spanish is lousy. We don’t want you here, Ms. Student Body President! Get lost, Mr. 5 on all his AP exams! Know your place, which is under me”
Let me know how I should do this, and I’ll get started. Eight of my top 20 students this year are undocumented, and none of them have been here less than 10 years. One of them won a $40,000 scholarship to a pricey private school, but the joke is that it’s not enough to attend. Ha ha, it was soooo funny watching everyone congratulate her on stage when she knew well enough that she could never afford to attend. Isn’t that funny? Oh, and let me know if I should sneer while I’m telling these students to get out of my country. You guys sound like you know just how I should set these losers straight.
Lynda, College Counselor, at 4:35 am EDT on May 23, 2007
” .. We don’t want you here, Ms. Student Body President! Get lost, Mr. 5 on all his AP exams! Know your place, which is under me” ..”
Reported:
* Skilled tradespeople legally in the U.S. — Caucasian, African-American AND Latino-American — bitterly complain about having their wages under-cut by illegal aliens.
http://gregmankiw.blogspot.com/2006/05/immigration-speech-tonight.html
* A large percentage — perhaps up to 50% — of illegal aliens in the U.S. are illiterate in their NATIVE language.
http://www.hoover.org/publications/digest/7467722.html
* From Mr. Bush’s files: Nearly 10% of illegal aliens in the U.S. are convicted felons in their native country.
http://www.dhs.gov/xnews/releases/press_release_0938.shtm
The ship’s on fire. Everyone is trying to cope. It is rumored that God didn’t given anyone in this matter, an exclusive license on “the truth.”
More thinking might lead to a “softer landing.”
Buzz, at 8:40 am EDT on May 23, 2007
May be you should do your duty and report them, if you kow there where her illegal.
And ow they can get a scholarship if there was illegal, ussual you have to be her on a legal status!
annett, at 9:15 am EDT on May 23, 2007
Well, I came here legally as a high school student, on a scholarship and graduated 1st in my 200-something graduating class. I also got scholarships (all merit) to go to college. My high school education and my college education was worth $160,000 + in scholarships. Obviously, I graduated summa cum laude with a bunch of degrees and so on and so on.... And after an extreme struggle — because I am a foreign student finally, found a nice job at a nice company and this is where the fairy tale ends. Actually, it was never one! I didn’t come with my parents, they couldn’t help with my education or any expenses (differences in standards you know), I couldn’t have a job outside for internships (with INS authorization) and on campus jobs. I paid my federal, state, Medicare, and social security taxes (which I will never be eligible to use if I don’t get a Green Card). I couldn’t have an illegal job and use my social security number to help myself (because I am LEGAL and INS has to monitor me constantly — every move I make). I couldn’t get in-state tuition, although I had graduated from an in-state high school because I am LEGAL. I did everything by the book for 6 years, varsity sports, community service (probably have more community hours than all illegals put together). And in the end I get a slap in the face, for playing by the rules. Spare me all the compassion to the “poor undocumented” who had their whole family here to help them and give them both moral and financial support and who got their education for free. How about people like me, when is our turn to get green cards???? The way I look at this — never. There are no visas for skilled immigrants left so even if my company bends over backwards they can’t do anything. In the end there is no visas and no green cards for the people who played by the rules but illegals should get everything handed to them on a silver platter, because they snicked across the border. I didn’t pay taxes and work my ass off for years, to support these milkers. I paid taxes and supported the community that I lived in — the legal Americans that is it.
legalisacrime, at 8:40 pm EDT on May 24, 2007
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Documentation for the Undocumented?
Hi guys!
Well, I was an undocumented for 10 years, I worked very hard to attend college and after 6 years I graduated as an Electronic Engineer from Rutgers University in NJ, I worked for the US Army for 22 years as a computer engineer, and two weeks ago I just retired with all kind of recognition for my good performance while I was serving my country, USA.
The undocumented workers pay Federal, State, Social Security, Medicare taxes. I saw in the news how all these people are deported back to their country. My question is, if those undocumented were send back to their country what happened with their contribution to our Social Security System and Medicare. Are the Social Security or the Medicare returning their contribution back to them? Why not? I think the Social Security and Medicare have to return those contributions, paid by the undocuments, to all of them. Are the SS doing so?
Marcos Achamizo, Computer Engineer at US Army, at 2:00 pm EST on February 14, 2008