Presentation at the Children's Cabinet

A few weeks ago, I was invited by the Children's Cabinet in Reno to talk about the issues of undocumented children, and what their rights are in terms of school, work and support systems for them. Nevada is an interesting state because the right to education is fairly clear: anyone in Nevada can go to school at any level. Period. At the college or university level, anyone can go to school. Period. However, if a student reaches the college or university level, there is a divide between those that graduate from a Nevada high school and those that don't. Those that have a high school diploma from an accredited school in Nevada will pay in-state tuition in any public institution of higher education. Those that either drop out, don't pass, or never went to high school in Nevada face a big challenge: they must pay out-of-state tuition, which is about quadruple the cost. This is one good reason for undocumented kids to stay in school.

Under current (2008) Federal laws, a person who entered the US without documents or has expired documents has no right to work, even if he or she acquires a bachelor's degree. So the next question kids ask is, "So why bother?" That's the key question. What I explained to the hard-working social workers, as I explain every where I go, is that the changes in immigration law that have been proposed so far have all had education as a central, key element. If the DREAM Act ever passed, for example, it would mainly benefit people who are undocumented but who are in high school or college. The SRA (Student Relief Act) is even more clear: it allows undocumented students a hope to have a legal status and become a permanent resident one day. Even though no law has passed that allows undocumented students to become legal, students and parents have to do their best with what we know and what we know so far is that the American public shows most interest in legalizing young, undocumented students.

However, there is one more catch: they must be of "good moral character." That means, they have not been arrested, gotten into trouble at school, been known to drink, skipped classes, or done other things that might make immigration question whether they have a right to stay, even if the laws change. The bottom line, and my recommendation to all teachers, counselors, social workers and parents, is this: please encourage your kids to stay out of trouble and to stay in school. The laws have not changed yet, but they will. When they do, I believe that those who have followed these 2 simple rules will have the best chance of becoming legal in America.