Opponents of the Dream Act, a new law that grants in-state tuition rates for the children of illegal immigrants, waged a juggernaut campaign last year to overturn the law in referendum — on fears that waves of undocumented students would drive up tuition rates, drain financial aid resources, and push legal residents out of college classrooms.
But the letter of the law, and an independent fiscal audit, debunk the gloomy and baseless predictions that have been peddled by those against of law. In addition to unsupported fiscal arguments, opponents say granting in-state tuition rates to undocumented students is a moral hazard that rewards and encourages criminal behavior.
“All this bill would do is make Maryland more of a magnet for illegal aliens,” said Del. Neil Parrott, R-Washington, in a recent report by Jacob Fenston on NPR. The problem with this misleading sound bite is that the requirements to qualify for in-state tuition are extremely stringent and fail miserably as an incentive for illegal immigrants to flock to Maryland.
To receive the in-state tuition benefit, undocumented students must have attended a Maryland high school since the beginning of their sophomore year and graduated. They also must apply for US citizenship within 30 days of enrollment at a community college or lose the benefit. Parents must have filed state tax returns during the three years their child attended a Maryland high school—and during the years their child attends a community college. Enrollment no later than four years from high school graduation is mandatory or the in-state tuition benefit is permanently forfeited. Male students over the age of 18 must register with the Selective Service.
It is important to note that the Dream Act applies to offspring of undocumented immigrants who came to the US as a child–but children born in the US to undocumented immigrants are citizens and eligible for in-state tuition rates.
The Myth of a Fiscal Burden
“I don’t believe, philosophically, that we should be providing any kind of taxpayer-financed benefits to someone who is here without lawful presence,” said Pat McDonough, R-Baltimore County, in Fenston’s report. Mr. McDonough may have overlooked the many references in the fiscal note that forecasted “minimal” and “negligible” fiscal impacts.
The fiscal note anticipates annual tuition revenue loss of $778,000 for community colleges, which would normally come from undocumented students paying the out-of-state rate. This amounts to an average revenue loss of $5.18 per student for the 150,000 students attending the state’s 16 community colleges.
And this is bargain investment for Marylanders. Tax revenues from newly educated immigrants are projected to far surpass the minimal loss of revenue. The law will also increase enrollment for those who could otherwise not afford the out-of-state tuition. This will further offset any revenue losses.
“We anticipate the new law will have a very minimal financial impact,” said Jacquelyn Lucy, Media Relations Coordinator for the Community College of Baltimore County, which operates the largest community college system in the state with 16,000 degree-seeking students. CCBC projects only 35 undocumented students in their system will now qualify for the in-state tuition benefit.
Net Tax Benefit to Maryland
Immigrants already contribute nearly $300 million in tax revenues annually and higher paying jobs for newly educated immigrants will raise their contribution to state and local coffers considerably, according to a study completed by University of Maryland Baltimore County. The study found that an additional $6.2 million in state and county revenues will come from each graduating class, and the overall net annual economic benefit to the state will approach $70 million.
Opponents have also claimed that undocumented students will compete with Maryland residents for admission to four-year schools. This is not true because undocumented students are not eligible under the Dream Act to apply to four-year schools in their freshman and sophomore years. Their path to a four-year college must travel through the community college system, or they must pay the out-of-state tuition rate if they want admission to a four-year school as a freshman.
And since community colleges have open access enrollment (first come, first serve) there is an inherent firewall against giving preferences to any demographic of student. It is projected that 435 undocumented students will enter Maryland community colleges annually, and a little more than 100 will earn a four-year degree.
The Financial Aid Scare
A final distortion told by opponents is that legal residents will have to unfairly compete with Dream Act participants for financial aid. This is not correct.The law prohibits undocumented residents from receiving federal and state financial aid, so additional state resources would not be appropriated to undocumented students.
The UMBC study projected that Dream Act participants will make up less than .1 percent of Maryland’s college population.
Fairness in a Decent Society
Opponents of the law want you to believe that a child raised in Maryland by undocumented parents is not worthy of equal access to education. They would further have you believe that a toddler ferried across our southern boarder a decade ago was and is complicit in breaking US immigration law.
It is wrong to criminalizing immigrant children for the actions of their parents is reprehensible and hateful public policy that stinks of prejudice and intolerance.
The opponents of the Dream Act have failed to prove any fiscal or social detriment that will result from implementing the law. The incremental performance requirements to receive Dream Act benefits are in no way a reward for criminal behavior but rather a debt children pay for the decisions of their parents. And they deserve the protection and support of a caring society.
Question 4 provides an honorable and performance driven path towards citizenship and it should be approved.
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