June 15, 2012 marked a very important milestone for the millions of undocumented students in the United States. It was on this date that the Deferred Action for Childhood Arrivals (DACA) was announced. This executive order gave deportation relief to millions of students and allowed them to obtain a social security number, a work permit, and in most states, a driver’s license (Adams 50). A very important motive for this executive order was to facilitate undocumented students to pursue higher education as well as legally practice their profession. Although it is a good sign for millions of students, there are still other factors that stand between these students and higher education. Some of the difficulties that DACA students face while pursuing higher education are meeting the requirements for in state tuition and financial aid. Even though millions of DACA beneficiaries now count with a work permit and social security number, they are not guaranteed any legal status.
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Additionally, States reserve the power to determine the eligibility of foreign students for some state and local services (Adams 54). Unfortunately, many states cannot agree on how to interpret the legal status of a DACA student in terms of admission and in-state tuition eligibility requirements in many sates (Adams 62). Shortly after the implementation of DACA Governor Jan Brewer issued an executive order sating that DACA students were not lawfully present in the United States, making them ineligible for in-state tuition and financial aid. However, some college districts ignored this order and claimed that a student’s driver license was enough to prove residency and qualify for in-state tuition rates. This case is important because it makes it clear that the lack of federal law regarding the interpretation of legal status of DACA students creates confusion within the state governments and their districts. Some states have declared that when it comes to admissions, DACA students are considered as legal residents while others claim that they are not considered legal residents and therefore not qualify for in-state tuition or state financial aid. There are some solutions to these problems that the government should consider. Instead of placing barriers for students, state governments should facilitate access to higher education to all of its residents independent from their legal status. First, those states that have not yet established any laws regarding the issue should pass state laws that give some type of security for these students. Second, states that have declared these students as ineligible for these benefits should change their legislation so that DACA and undocumented students can have better opportunities nationwide. Additionally, The federal government should change the requirements for federal financial aid programs and grants to make them accessible for all students, including DACA students. Another thing the Federal government could do is pass the Dream Act or other similar bill that grants undocumented students path to citizenship. Allowing DACA and undocumented students to pay in-state tuition and meet the requirements for financial aid, more Latinos and other minorities will feel more motivated to enroll in colleges and universities. Even in states where DACA students meet the requirements for in-state tuition, the lack of federal financial aid such as federal loans and Pell Grants makes it difficult for them to afford higher education (Zenen). It is estimated that Pell Grants help cover up to 30 percent of the cost of higher education for students (Zenen). Since DACA students do not qualify for such grants they have to work harder to fill in the gaps. Prior to researching this topic I was not aware how complicated this issue actually is. There are many levels to this issue; there is the role of the federal government, the state governments, and college districts or universities. Even when the federal government establishes a law, some states try to work their way around them to get things done their way. Furthermore, I gained some knowledge on the powers reserved for state governments and how they directly affect the community. Now I believe that in order to see change, people have to pressure the local governments rather than the federal government on issues such as the one discussed in this paper. In conclusion, I learned that
Additionally, States reserve the power to determine the eligibility of foreign students for some state and local services (Adams 54). Unfortunately, many states cannot agree on how to interpret the legal status of a DACA student in terms of admission and in-state tuition eligibility requirements in many sates (Adams 62). Shortly after the implementation of DACA Governor Jan Brewer issued an executive order sating that DACA students were not lawfully present in the United States, making them ineligible for in-state tuition and financial aid. However, some college districts ignored this order and claimed that a student’s driver license was enough to prove residency and qualify for in-state tuition rates. This case is important because it makes it clear that the lack of federal law regarding the interpretation of legal status of DACA students creates confusion within the state governments and their districts. Some states have declared that when it comes to admissions, DACA students are considered as legal residents while others claim that they are not considered legal residents and therefore not qualify for in-state tuition or state financial aid. There are some solutions to these problems that the government should consider. Instead of placing barriers for students, state governments should facilitate access to higher education to all of its residents independent from their legal status. First, those states that have not yet established any laws regarding the issue should pass state laws that give some type of security for these students. Second, states that have declared these students as ineligible for these benefits should change their legislation so that DACA and undocumented students can have better opportunities nationwide. Additionally, The federal government should change the requirements for federal financial aid programs and grants to make them accessible for all students, including DACA students. Another thing the Federal government could do is pass the Dream Act or other similar bill that grants undocumented students path to citizenship. Allowing DACA and undocumented students to pay in-state tuition and meet the requirements for financial aid, more Latinos and other minorities will feel more motivated to enroll in colleges and universities. Even in states where DACA students meet the requirements for in-state tuition, the lack of federal financial aid such as federal loans and Pell Grants makes it difficult for them to afford higher education (Zenen). It is estimated that Pell Grants help cover up to 30 percent of the cost of higher education for students (Zenen). Since DACA students do not qualify for such grants they have to work harder to fill in the gaps. Prior to researching this topic I was not aware how complicated this issue actually is. There are many levels to this issue; there is the role of the federal government, the state governments, and college districts or universities. Even when the federal government establishes a law, some states try to work their way around them to get things done their way. Furthermore, I gained some knowledge on the powers reserved for state governments and how they directly affect the community. Now I believe that in order to see change, people have to pressure the local governments rather than the federal government on issues such as the one discussed in this paper. In conclusion, I learned that