WHILE some are valedictorians, class presidents, star soccer players and honor students; for tens of thousands of high school students who are undocumented immigrants, the future of their education ends in 12th grade.
In a case brought against several Virginia colleges and universities by the Mexican-American Legal Defense and Education Fund, a U.S. District Court last year ruled that Virginia colleges and universities can turn away students based on undocumented immigrant status.
The University's actions are in compliance with a memorandum by former Virginia attorney general and current gubernatorial candidate, Jerry Kilgore (R), which advised universities to implement as policy the denial of admission to undocumented students. Any university which offered in-state tuition to undocumented students would be in violation of state law, and thus would lose all state funding. Universities were also encouraged to release the names of any undocumented students attending the university.
Denying higher education to highly- qualified students resigns these individuals to a life of semi-skilled labor under government radar. Providing both documented status and education beyond the twelfth-grade level to individuals who have completed all four-years of high school exclusively in the United States, as is done in several states and is gaining momentum at the federal level, is in the best interest of both the University and the state.
Undocumented students benefit from K-12 public education, which under federal law cannot be denied based on immigration status. Upon graduation, the state turns its back and denies any further opportunity for advancement. Without documented parents or family members, the students cannot obtain family-sponsorship for legal status in the United States.
Stigmatizing these students due to their parents' decisions and closing the door on a future beyond a high school level education encourages continuous living under illegal status.
Offering higher education without legal status is meaningless, which is why several state and federal actions are being made to provide undocumented students who meet very specific criteria the eligibility to gain legal status.
According to the New York Times, in 2002, Texas and California both passed measures treating undocumented students as residents so long as they had been almost exclusively educated in the U.S. Utah, Illinois, Oklahoma, New York and Washington quickly followed suit. There are currently nine states which allow in-state tuition rates to undocumented students who reside in the state.
On the federal level, a movement is also being made to provide documentation to immigrants that are admitted to universities and complete high school in the United States.
Under the bipartisan Development, Relief and Education for Alien Minors (DREAM) Act of 2003, co-sponsored by Senators Orrin Hatch (R-Ut.) and Richard Durbin (D-Il.), undocumented students who meet the stringent requirements of holding a high school diploma and continuous physical presence in the U.S. for at least five years, in addition to having no prior run-ins with the law through document fraud or otherwise, and are judged to be of "good moral character" are eligible for permanent residency.
While opponents argue that offering higher education to undocumented students encourages illegal immigration, denying education to these high-achieving students actually encourages them to remain illegally in the United States as no other options are made available. Giving these students status improves local and national security by ensuring the criteria for relevant documentation are met.In contrast, those that graduate from high school and are forced into a life of semi-skilled labor, regardless of achievement, have no way out. They are very unlikely to jump on the next plane back home after graduating and are far more likely to continue to live illegally in the United States, subject to exploitation while working illegally.
Under requirements such as those presented in the DREAM Act, students would gain legal status, ensuring that the strict provisions of eligibility for permanently residing in the U.S. are met.
Under Kilgore's memorandum, the University is trapped. The Virginia General Assembly has yet to rule either in favor of or against providing in-state eligibility to undocumented students (there are bills supporting both sides of the debate).
In the meantime, the University is not only depriving the University community of the qualities and viewpoints of these students, but is also failing in its mission by denying highly-qualified students from Virginia high schools admission based on status which is beyond the control of the applicant.
Sophia Brumby is a Cavalier Daily columnist. She can be reached at sbrumby@cavalierdaily.com.
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