Just as the nation grapples with the complicated, loaded issue of illegal immigration, institutions of higher education are impacted with a subset of that problem. The children of illegal immigrants, either born in the United States or brought into the country illegally by their parents, are graduating from high school and looking to pursue higher education. In an article by Pluviose (2008), Wake Technical Community College President Stephen C. Scott was quoted as saying, “…it's difficult to deal with the politics because we're in the business of teaching students. Community colleges are not the immigration police.” While Scott’s assessment is correct, the truth of the matter is that higher education institutions are being forced to deal with this very complex topic, one that won’t be going away anytime soon.
In 1982, the U.S. Supreme Court ruled in Plyler vs. Doe that children of illegal immigrants could attend public schools without being charged tuition (Olivas, 2008). What was never resolved, however, was what would happen to those children if they wished to attend college upon graduating high school. What’s more, the federal government put the ball squarely in the states’ court by actions which will be discussed below.
Two of the main issues regarding illegal immigrant students concern admissions and tuition rates (Sewall, 2010). Regarding the former, in July 2008 the Department of Homeland Security informed the state of North Carolina that federal law does not bar the admission of undocumented students by public colleges (Pluviose, 2008). This clarification meant that the ultimate decision regarding admission rested with each state.
Critics argue that admitting illegal immigrants takes seats away from legal residents. Just this week, the Georgia Board of Regents recommended that state schools deny admission to illegal immigrants if they don’t have space to admit all academically-qualified applicants (Diamond, 2010). North Carolina’s community college system reversed its policy on admitting illegal immigrants five times between 2000 and 2009, a very real example of what a precarious issue it is. As of this year, illegal immigrants in that state are allowed to enroll in North Carolina community colleges but, like Georgia, cannot unseat legal students (Gonzalez, 2009).
The tuition dilemma is another complex situation. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Personal Responsibility and
Work Opportunity Reconciliation Act (PRWORA), passed in 1996, set forth that undocumented immigrants could attend public and private colleges, but each state had to pass legislation governing whether the students would be charged in-state tuition (Olivas, 2008). Some states do allow illegal student to pay in-state rate. Critics counter that allowing them to pay in-state gives them an unfair advantage against low-income and other legal U.S. residents. In Massachusetts, a fiscally-oriented argument was that the state could reap another $15 million in revenues during these austere financial times by charging illegal students the out-of-state rate (Gilroy, 2009).
Supporters/advocates of the illegal immigrant students counter with various arguments, including that educating these students will pay economic dividends (Hebel, 2007). An educated student stands to earn more income, which in turn helps the community in which he or she lives. The wrinkle in that argument is that illegal students cannot work in the U.S. after they complete their degrees because they are not residents. Among several conditions of the DREAM act is that students will be granted permanent residency if they complete two years of college or military service (Sewall, 2010). Critics of the DREAM act counter that it would give illegals a better deal that other foreigners who came to the U.S. on visas and are forced to pay out-of-state rates (DelConte, 2006). Furthermore, they argue that the DREAM act would encourage illegal immigration as a result of the benefits which it would bestow for illegal students.
The dictionary defines illegal as unlawful or not according to the law. To be clear, illegal students are just that: illegal. They should not be here in the way that they are. However, this issue does not have a simple solution. Perhaps it is time for higher education institutions to look at the bigger picture. Some students have potential for academic achievement, which would be an intellectual benefit to the country. There is a financial benefit to the institutions since they pay tuition. Mexico is now offering online degrees to Mexican nationals living abroad, including those in the U.S. illegally (Lloyd, 2010). From a financial perspective, it would behoove American institutions to admit these students instead of letting them pay a foreign company for their education.
As a result of the federal government’s failure to adequately address the immigration problem as a whole, the illegal immigrant student situation is one that higher education will need to resolve itself, and the conversation must take place now because the number of students ready to enter the system will only increase as time goes on.
References
Del Conte, N. (2006). Out of the shadows. Hispanic, (19)3, 60-61.
Diamond, L. (2010). Plan would allow some Georgia colleges to ban illegal immigrants. Atlanta Journal-Constitution. Retrieved from: http://www.ajc.com.
Gilroy, M. (2009). Battle continues over in-state tuition for illegal immigrants. Education Digest: Essential Readings Condensed for Quick Review, (74)8, 16-20.
Gonzalez, J. (2009). North Carolina colleges to resume enrolling illegal immigrants. Chronicle of Higher Education. Retrieved from: http://chronicle.com.
Hebel, S. (2007). Arizona’s colleges are in the crosshairs of efforts to curb illegal immigration. Chronicle of Higher Education, (54)10, 18.
Lloyd, M. (2010). Mexico will offer online-degree programs to citizens living abroad. Chronicle of Higher Education. Retrieved from: http://chronicle.com.
Olivas, M. (2010). Colleges and undocumented students. Change: The Magazine of Higher Learning, 40(4), 20-21.
Pluviose, D. (2008). Learning while undocumented. Diverse: Issues in Higher Education, 25(17), 26-29.
Sewall, M. (2010). ‘Dream Act’ would not be enough for many undocumented students. Chronicle of Higher Education. Retrieved from: http://chronicle.com.
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