Similar: Dream Act

The first three months of 2011 have shown that a lack of comprehensive federal immigration reform means one thing and that is that US state governments are taking immigration legislation into their own hands.

This update from Americas Quarterly shows that not all state immigration legislation has to do with tightening the borders. Though the DREAM Act failed to pass earlier this year , New York state has joined the ranks of fellow US states California, Connecticut, Illinois and Maryland in trying to pass state versions of the bill that would establish a path to legal residency for qualifying undocumented immigrants.

Following its defeat in Congress, the New York State Youth Leadership Council, a youth-led nongovernmental organization dedicated to promoting equal opportunity for immigrant youth, mobilized an aggressive campaign to introduce and help support a state version of the bill.

The new bill, sponsored by Democratic State Senator Bill Perkins of Manhattan, would offer young undocumented immigrants certain rights and privileges currently afforded only to legal residents and citizens. This includes the authorization to hold certain state jobs and to apply for a driver’s license. While undocumented immigrants in New York already qualify for in-state tuition fees, the bill would enable them to apply for state financial assistance in the form of grants, loans and scholarships. It would also provide them with access to health care.

The latest version of the California Dream Act passed the state Assembly’s Higher Education Committee earlier this month. AB 130 and 131 would allow some undocumented students at the state’s public colleges and universities to apply for institutional financial aid and for assistance from the state’s Cal Grants program.

The bills were introduced by Assemblyman Gil Cedillo (D-Los Angeles), who has made something of a career of trying to get a Dream Act approved in California. Four of his earlier bills made it through the assembly and senate but were vetoed by former governor Arnold Schwarzenegger. A fifth was put on hold and died when the legislative session ended.

The bills “will help foster the development of future architects, doctors, teachers, scientists, and scholars that are key to the success of the California economy,” said Cedillo in a statement to the committee. “Public education is the lifeblood of our democracy that allows individuals to transform themselves within one generation.”

At least one opponent not only believes that undocumented students shouldn’t get aid, but also wants them to pay the full out-of-state tuition.

Assemblyman Tim Donnelly (R-Hesperia) has introduced a bill that would overturn AB 540, the 2001 law that allows undocumented students who graduate from a California high school and meet other requirements to pay in-state tuition at the University of California, Cal State University, and community colleges. Donnelly said AB 540 is costing the state tens of millions of dollars a year.

“At a time when we’re fighting over funds and eliminating access to college by driving up tuition, decreasing the number of classes offered and decreasing the number of spots, we should be putting our money where our values are,” said Donnelly.

According to the state’s nonpartisan Legislative Analyst, however, most AB 540 students at UC and CSU are U.S. citizens or legal immigrants who went to high school in California, left the state for a few years, and then returned for college or graduate school.

The bills now head to the Assembly Appropriations Committee.