Illinois Dream Act

The state proposal of the Illinois Dream Act is running ahead the federal legislation that has been blocked for nearly a decade. The Illinois version just passed 45-11 in the Senate and is on its way to the House. While the majority agrees that providing an opportunity for underprivileged students is a good idea, many are questioning the legality of a government panel oversight that fosters a scholarship program for illegal immigrants.

Unlike its federal counterpart, the state version of the Dream Act is not a pathway to citizenship. The majority of opposition to the Illinois Dream Act suggests that even if a student of illegal status earns a degree from a prestigious university, their likelihood of any type of gainful employment is severely limited. The sponsor of the Dream Act, Sen. Iris Martinez, said Illinois would be smart to make sure all of those people have a chance to succeed, no matter what their immigration status. Her statement made no mention of the legal obligations that an employer has when requiring proper documentation regardless of educational achievement.

William Gheen, president of American Legal Immigration Political Action Committee, stated that federal law prohibits employing illegal immigrants, but the Illinois measure would provide scholarships only if the student has a job. Because of the series of events that need to take place for a student to take advantage of the program they would have to be breaking the law. Sen. Sue Rezin voiced her concern that students of legal status would be in direct competition with illegal immigrants for seats in the classroom and if the students attended public universities that would mean spending tax dollars on students of illegal status.

Other opponents voice concerns that it drives illegal immigrants to Illinois. And, while the outline for the scholarship states that it would be funded by private sources, this suggests that donations will be made in the form of tax deductible contributions that will take away from desperately needed tax revenue. The Illinois Dream Act is just the icing on top of the cake for illegal immigrants as Illinois has been offering in-state college tuition to illegal immigrants for years. FinAid.org has some interesting facts on financial aid and scholarships for undocumented students.

Financial aid is generally not available to undocumented students and illegal aliens. However, there are a few states that allow undocumented students to qualify for in-state tuition rates. There are also several private scholarships available to undocumented students. There is a conflict between Federal and State law regarding the eligibility of undocumented students for in-state tuition rates.

Federal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: "An alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident." These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally.