An Analysis of the Pennsylvania DREAM Act

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Every year, three million students graduate from high school in this country. Of these three million students, over 65,000 students are not able to attend college. It is not because of their incompetence or unqualified, but rather because their legal status prevents them from following the path of higher education, enlisting in the military, or even being able to drive (Pennsylvania, Resolution No. 090417). For nearly a decade, Congress has failed to pass the Development Relief and Education for Alien Minors Act (DREAM Act). The DREAM Act was designed to allow, among the tuition discount provisions, undocumented students to get on the path toward citizenship and gain legal employment by going to college or serving in the U.S. military (National Immigration Law Center, 2006; Olivas, 2004). However, despite President Barack Obama’s vocal support for the DREAM Act, momentum for the legislation (and many others) has dwindled, especially since the government shut down this fall. However, the DREAMers' desire to attend college has only amplified. While states cannot legalize the status of undocumented students, they may allow them to attend their universities and qualify for in-state tuition. Thus far, sixteen states have taken matters into their own hands and have provided tuition equity for resident students without immigration status. In March, Pennsylvania introduced SB 713, which would provide tuition equity and state aid to qualified undocumented students.
Statement of the Problem
In 1982, the U.S. Supreme Court struck down a 1975 Texas law that sought to deny undocumented immigrant children a free elementary and secondary public education by charging them tuition to attend state schools. However, the ruling did not address the issue of higher education. As a result, undocumented students are not eligible for federal financial aid, and most states require them to pay out-of-state tuition, which is often two to three times higher than in-state tuition (National Immigration Law Center, 2006). This financial burden makes it nearly impossible for undocumented students to attend college. The lack of access to higher education not only affects the individual student but also has a negative impact on the economy and society as a whole. The DREAM Act would provide a solution to this problem by allowing undocumented students to pursue higher education and contribute to society.

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