Parents and out-of-state students of California universities are challenging the constitutionality of AB 540, which allows undocumented high school students to pay in-state tuition rates at public universities. They argue that the law gives preferential treatment to undocumented students that is not given to out-of-state students who are US citizens.

Cristina Jimenez points out:

Undocumented students who qualify for in-state tuition have grown up in California. Most of them migrate with their families at an early age and have lived in the state most of their lives. By all means, they are residents of the state. To be eligible for in-state tuition, they must meet the following: 1) Attended a California high school for three years, 2) Graduated from a California high school, 3) Signed an affidavit saying they will gain permanent immigration status as soon as they become eligible.

Let’s also keep in mind that unlike students who are U.S citizens or documented immigrants, undocumented students do not have access to financial aid, loans, and can’t work legally to pay for their studies. Most of these students, some of them who graduate high school with honors, work two to three low-wage jobs to pay for their education–evidently, not an easy journey. (DMI blog)

Clearly the people arguing against CA’s version of the DREAM Act do not understand their privilege.  All they would need to do is live in CA for one year in order to qualify for in-state tuition.  In contrast, many of the undocumented students have lived in the state for most of their lives. Many of them are excellent students who only want the chance to continue their education in order to find good jobs upon graduation.

The anti-immigrant argument is illogical when it comes to educating children.  First of all, these children did nothing wrong. Many of them were brought here as babies by their parents who were searching for better lives. Second, why spend so much money educating these children in public schools only to prevent them from attaining degrees that will help them to becoming contributing members of society? Preventing these students from attending college doesn’t magically send them back to their home countries.  They will still be here, and without giving them access to an education, we refuse them the tools to improve their lives and support their families.