Immigrant Students Dreaming Another World is Possible
By Claudia Gómez

Dozens of immigrant students were joined by community members and immigrant rights activists and advocates for “Immigrant Student Day” in Washington, D.C. on July 17. In visits to congressional offices and during a national press conference, the students urged support for legislation now pending in the Senate and the House of Representatives that would provide access to permanent residency and a more promising future to young immigrants.

The Washington mobilization was matched by local media events and advocacy in several cities. But for the over 250 people from twenty-five states who went to Capitol Hill, the day was “just the beginning” of a concerted effort to win passage of “student adjustment” legislation. Convened by the National Immigration Law Center, the National Campaign for Jobs and Income Support, the Mexican American Legal Defense and Education Fund, the National Network for Immigrant and Refugee Rights, the American Friends Service Committee, and the National Grassroots Legalization Collaborative, “Immigrant Student Day” urged lawmakers to support proposals allowing states to set in-state tuition for undocumented students and provide access to legal status.

Angélica Salas, Executive Director of the Coalition for Humane Immigrant Rights of Los Angeles and moderator of the press conference, stressed the importance of passage of the legislation. “These are great kids and we here in this country can’t afford to prevent these young people from realizing their dreams.”

Before heading off to legislative visits, the students and supporters participated in skills trainings and shared their dreams of the future. While coming from diverse immigrant communities, they have common goals. “I want to be a mechanical engineer," one said. “I’d like to finish college and help my community," said another. There were dreams of becoming teachers, doctors, lawyers, even a member of Congress. A number of students talked of how much their parents had sacrificed in order for them to have an education and to live in a safe environment.

Demanding Education and Legalization

Each year thousands of undocumented students, who have lived in the U.S. for years and graduated from high schools, cannot continue their education because of their undocumented immigration status and the high cost of out-of-state tuition sometimes imposed on them. While in-state tuition for undocumented students has been approved in various states including California, Texas, and New York, federal legislation is needed to repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which prohibits states from determining residency rules for students attending colleges and universities. This provision contradicts the Supreme Court ruling in Plyler V. Doe (1982) declaring that legal residency in the U.S. is not a requirement for enrollment in public schools.

The Student Adjustment Act (HR 1918), the most important bill in the House of Representatives, would eliminate section 505 of IIRIRA. HR 1918 was introduced last year by Rep. Chris Cannon (R-UT), co-sponsored by Rep. Howard Berman (D-CA) and Rep. Lucille Roybal-Allard (D-CA), and also provides legalization for young immigrants deemed to have good moral character, who have lived at least 5 years in the U.S., are in 7th grade or above, and are under 21 years old. In the Senate, the “Development, Relief, and Education for Alien Minors” Act (DREAM, S.1291), sponsored by Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL), would also eliminate section 505 and includes many of the House bill’s provisions.

While the limited congressional session this year may prohibit any serious action on the bills, the legislation may be re-introduced in Congress in the next session, and supporters are hopeful of passage. With bi-partisan support already pledged in the Senate, proponents expect to step up efforts to also win critical endorsements in the House of Representatives.

Re-Building the Legalization Movement

The fight for student adjustment is just one component of the national movement for legalization that is being re-constructed following September 11. On May 1, over 200 immigrants had lobbied legislators, urging them to draft legislation for a broad legalization program. Also on May 1, over 15,000 people marched for legalization in Los Angeles.

Earlier, in March, Bush and Fox met for the first time since September 11 in Monterrey, Mexico, reinitiating talks on pending issues including legalization and human rights violations at the U.S.-Mexico border. Immigrant rights organizers, led by the American Friends Service Committee and other groups from Mexico and the U.S., gathered in Monterrey to present their concerns. These organizations issued “The Declaration of Monterrey,” that called for legalization for all nationalities, border demilitarization with human rights protections.

Labor has also started re-building its momentum for legalization. Last spring, the Service Employees International Union (SEIU), Hotel Employees and Restaurant Employees International Union (HERE), the United Farm Workers (UFW) and others launched the “One Million Voices for Legalization,” a postcard campaign and mobilization calling for legalization. Some activists and community organizations, including the National Network, expressed misgivings over some of the language used in the postcard message. Nonetheless, the campaign is expected to help revitalize the legalization movement. Thousands of immigrant workers, community groups, and union members will travel to Washington, D.C. sometime in late September to deliver the postcards and lobby Congress and the Administration.

Claudia Gómez is NNIRR’s New Voices Fellow and Program Coordinator of the National Grassroots Legalization Collaborative.