Undocumented students are in need of the DREAM Act

A recent Supreme Court dismissal of an appeal against a law allowing undocumented California college students to receive in-state tuition rates might nudge Gov. Jerry Brown toward signing the much-needed state DREAM Act into law.The continued offering of in-state tuition rates, which has been legal for the last 10 years, is a small victory for a select group of neglected adolescents who deserve amnesty.

And while it is somewhat justifiable to blame parents for not anticipating the consequences of trying to put their undocumented children through school, we should not take away a student’s right to excel at institutions of higher learning.

According to the Los Angeles Times, an estimated 41,000 University of California, California State and community college students benefit from the law (AB 540) — less than 1 percent of total enrollment in the state. Twelve other states in the United States enforce a similar law.

An appeals group based in Washington plans on challenging the law again despite the Court’s recent dismissal.

In essence, attempts to repeal AB 540 discourage this select group of students from pursuing their dreams in a country where success is largely measured through professional and educational accomplishments. Placing their destiny out of their own control is unwarranted punishment.

To a certain extent, AB 540 significantly grants students financial rights in state education, but the DREAM Act legislation, or something similar to it, is necessary in order for undocumented students to receive benefits they’ve earned.

Legislation like the DREAM Act sets up a strict path for students who take their future seriously enough to follow a law-enforced educational or military plan toward legal residency. The bill does not grant eligibility to those who have been in California for less than five years. It requires a high school diploma and a clean background, and the student must graduate from an institution of higher education. The bill undoubtedly sets a high standard.

Some undocumented students have turned out to be the best and brightest found in the higher education system.

We cannot deny their potential by not allowing them to attend universities where those with legal residency and citizenship so often take for granted the incredible privilege of being born in the right place with the right means.

Former Gov. Arnold Schwarzenegger vetoed the state DREAM Act each time it was presented to him, beginning in 2006. While campaigning for governor, Jerry Brown promised to sign the DREAM Act if the bill ever reached his desk. 2011 might finally be that year.

California’s Senate Education Committee voted 7-3 in favor of AB 130 last week, which would make undocumented students eligible for non-state, private scholarships offered by state public schools. Soon, the committee is expected to vote on AB 131, which would make those same students eligible for state financial aid such as the Cal Grant.

Jirayut Latthi, an undocumented student and senior at UC Berkeley told Color Lines, “A lot of things are really uncertain, you don’t know what’s going to happen to your family or how things are going to work out, and you spend so much time waiting for things to happen or living in fear of deportation, so education can be this kind of light. There’s the hope that if we work hard, our education will liberate us and help us become successful because by that point we’ve earned it.”

Whether we choose to blame irresponsible parents for seemingly taking advantage of the system or not, we cannot punish their offspring for that which they never controlled. Instead, it’s time to show that hard work comes with reward. No matter one’s legal status, an education is never worthless.