Dream Act

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It’s a no-go for California Dream Act repeal effort

Screen shot from StopAB131.com’s Facebook page

It looks like the just-enacted California Dream Act is here to stay, at least until the next attempt at a ballot initiative to repeal it. The “Stop AB 131″ campaign, spearheaded by Republican state Assembly member Tim Donnelly of Twin Peaks, has announced that the effort failed to gather enough signatures in order to place a referendum on the November ballot.

According to the campaign’s Facebook page, paid and volunteer signature-gatherers fell more than 57,000 signatures short of the 504,760 that were needed by yesterday’s midnight deadline. The initiative would have mandated a repeal to a measure signed into law last year by Gov. Jerry Brown that provides financial aid for undocumented college students, making easier for them to pay tuition.

Here’s part of a statement from Donnelly posted on Facebook:

Although we put in a herculean effort the count as of late last night was 447,514 signatures, which precludes us from submitting the signatures today to the registrar of voters at each of the 58 counties.

This is disappointing news, but it is no less of a warning to Governor Brown, and every Democrat legislator who voted to create a new entitlement program for illegals while the state still has a budget deficit over $9 billion, and cannot even meet it’s obligation to legal California students.

Thank you for joining us in this historic effort as Californians of every age, race, religion, income and political party came together to fight to restore sanity to the Golden State. We may have failed in this first battle, but we will not give up in the war to save California from the reckless politicians who want to raise our taxes to put the college dreams of illegals ahead of our own children.

AB 131, signed into law by Brown in October, was the second of two bills he signed this year that make up what’s known as the California Dream Act. It was also the most contentious: While the first bill, known as AB 130, only granted undocumented college students access to private scholarships and grants, AB 131 allows these students to obtain the same publicly-funded state financial aid available to U.S. citizen and legal residents, including Cal Grants. Both bills were sponsored by Gil Cedillo, an Assembly member from Los Angeles.

In reaction to Donnelly’s announcement, the immigrant advocacy group Coalition for Humane Immigrant Rights of Los Angeles posted its own statement – an excerpt:

The California Dream Act is a fair, timely, and inexpensive bill that will support a limited number of financial scholarships to undocumented students who have been brought to the U.S. as children.  Contrary to Mr. Donnelly’s belief, California’s large diverse population supports the merits of the legislation and looks forward to its implementation in 2013.

Unlike the similarly named federal Dream Act, the California measure does not propose granting legal status to undocumented students, something that falls only within the jurisdiction of the federal government. Critics have pointed out that without a path to legal status, students receiving tuition benefits still won’t be able to fully utilize their degrees. Proponents say it at least gives these students an opportunity to prepare themselves for a day when they can adjust their status.

The failure of the referendum campaign is the second blow this week for Donnelly, who recently received a misdemeanor citation for carrying a loaded handgun into the Ontario airport. Donnelly said he’d been carrying a gun because he’d received death threats pertinent to his anti-AB 131 campaign, and that he’d forgotten to remove it from his briefcase before going to the airport. He has since admitted that he doesn’t have a permit for a concealed weapon.

Top five immigration stories of 2011, #5: ‘Coming out’ undocumented

Photo by Leslie Berestein Rojas/KPCC

A student activist's t-shirt, December 2010

This week, Multi-American is counting down its top five immigration stories of 2011. It’s been a tough list to narrow down with so many major stories this year, ranging from the political battle over birthright citizenship early in the year to the ongoing record deportations to the growing number of state immigration laws, a story that’s still developing as a case involving Arizona’s precedent-setting SB 1070 heads to the U.S. Supreme Court.

We’ll start out today with one story that didn’t come out of government, though, but rather bubbled up slowly from college campuses and gained steam via social media: the trend of “coming out” as undocumented among young people, done as a political act.

What began a few years ago among a small number of undocumented student activists has developed into a movement its own right. By December of last year, growing numbers of young, undocumented college students and their supporters were publicly revealing their status as a previous version of the Development, Relief and Education for Alien Minors (DREAM) Act, a bill that would grant conditional legal status to young people who arrived before age 16 if they went to college or joined the military, moved through the House and on to the Senate.

The bill failed to clear a Senate vote, but the trend continued. In California, some of these young people threw their efforts behind two state bills called the California Dream Act (both eventually signed into law this year) which would make it easier for undocumented students to pay tuition.

Last March, a national campaign mounted by student immigrant advocacy groups urged more students to reveal their status, with groups around the country holding coming-out events.

During one coming-out event in Orange County last spring, some of those taking part talked about the trend becoming, for many, a cathartic rite of passage for many young people who were brought to the U.S. by their parents at an early age, growing up culturally American while keeping their legal status a secret from their peers.

“People have reached this point,” said Jorge Gutierrez, a 26-year-old activist and graduate of Cal State Fullerton who was brought here by his family from Mexico at age 10, but had been unable to adjust his status. “It has become a cultural phenomenon.”

The movement hit a milestone last June, when ex-Washington Post reporter and Pulitzer winner Jose Antonio Vargas revealed that he’d kept his status a secret for years, sharing it only with a close network of confidantes while navigating college and career. Vargas, who was born in the Philippines, wrote in the New York Times:

Over the past 14 years, I’ve graduated from high school and college and built a career as a journalist, interviewing some of the most famous people in the country. On the surface, I’ve created a good life. I’ve lived the American dream.

But I am still an undocumented immigrant. And that means living a different kind of reality. It means going about my day in fear of being found out. It means rarely trusting people, even those closest to me, with who I really am.

The term “coming out,” if course, is borrowed. While promoting last year’s “National Coming Out of the Shadows” week, the advocacy site DreamActivist.org posted a quote from gay rights hero Harvey Milk, the slain San Francisco city supervisor who in a 1978 speech urged his peers, “you must come out.”

Milk was calling for a political act during an era when coming out the closet was not a cultural expectation or norm, but a dangerous thing to do, as it still is in many places. But the danger didn’t involve deportation, as it does for people who aren’t in the country legally.

Young people who have come out as undocumented say they are aware of the risks; they also say that the more of them choose to come out, there more safety they believe there is in numbers. Student activist networks have come to the aid of those who land in deportation proceedings, launching petition drives and social media campaigns.

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How will first- and second-generation young adults fare in college and beyond?

Photo by CSU Stanislaus Photo/Flickr (Creative Commons)

Youths and young adults between 16 and 26 from immigrant families now represent one in four people in the United States in this age group – up from one in five only 15 years ago, according to a new report. As they move through secondary and postsecondary education then on to the workplace, replacing older workers, how will they fare?

The Migration Policy Institute report takes a close look at what it terms “youth of immigrant origin,” profiling foreign-born and U.S.-born young people between the ages of 16 and 26. The report notes, among other things, that between 2007 and 2010, a tipping point occurred in which the number of first-generation immigrants was eclipsed by that of the U.S.-born second generation. In 2010, there were 4.8 million first-generation immigrant youths ages 16 to 26 in the U.S., 2.8 million of whom arrived before they were 16.

By contrast, there were 6.5 million second-generation youths in 2010. What this means as these these U.S.-born children of immigrants overtake the foreign-born group: “A rising share of immigrant-origin youth will be fully eligible for college admission, financial aid, and employment,” the report reads. It’s a lengthy report, but here are a few of the highlights:

  • If second and higher generations are taken into account, the number of bilingual young people 16 to 26 comes to 7.1 million, more than twice the number of youth with limited English proficiency.
  • Among Latinos, the second generation’s rate of high school attendance, college enrollment, and degree earning is significantly higher than that of the first generation. Latinas, in particular are enrolling in college at rates equal to those of third-generation white women. However, both female and male Latino students’ rate of degree completion still lags behind that of whites; for example, 18 percent fewer Latinas completed an associate’s degree or higher by 25 or 26 than their white peers.
  • Non-Latino first-and second-generation immigrant youths fare better in college than Latinos, an outcome that is driven largely by Asian American youths. More than 53 percent of non-Latino youths of immigrant origin had an associate’s degree or higher by age 25 or 26, compared with 45 percent of third-generation whites. But the report notes a wide gap in outcomes among different Asian American groups, with children of Chinese and Indian immigrants from affluent, two-parent families at the top of the educational attainment list.
  • The most vulnerable group among those studied is young Latinos who came to the United States at 16 or older, whose roadblocks to educational and economic attainment include a lack of legal status for many (and no eligibility for relief under the proposed Dream Act), poor English skills, and often an interrupted education in their native countries that is difficult to recover from.

The report points out that how first-generation youths fare in their education and the workplace will vary greatly depending on immigration status, including for those foreign-born who arrived as young children and remain undocumented. While there is proposed legislation to grant those who arrived before age 16 conditional legal status if they go to college or join the military, many continue to graduate from high school and college with no clear path to legal status.

The entire report can be downloaded here.

Awkward undocumented moments, dramatized (Video)

How awkward is it to run into a former classmate after college when he spots you working as a hotel janitor because you don’t have papers? Very awkward, as dramatized in this tragicomic skit, part of a series of videos titled “Undocumented and Awkward” by a student activist group called Dreamers Adrift. An earlier video follows a guy who can’t get into a bar to meet a date.

The group advocates for the Development, Relief and Education for Alien Minors (DREAM) Act, which would grant conditional legal status to undocumented young people brought to the U.S. under age 16 if they attend college or join the military. The fact that undocumented college grads are hard-pressed to fully utilize their degrees for lack of legal status was also one of the sticking points brought up by opponents of the controversial California Dream Act, legislation recently signed by Gov. Jerry Brown that makes it easier for undocumented students to pay for college.

(Via @Colorlines)

California Dream Act 101: What it does, who qualifies, and what happens next

Photo by un.sospiro/Flickr (Creative Commons)

On Saturday, California Gov. Jerry Brown signed a landmark piece of state legislation that will allow undocumented college students to obtain publicly-funded financial aid, now only available to students who are U.S. citizens and legal residents. It’s part of a two-bill package referred to as the California Dream Act, the first part of which Brown signed into law last July.

The bill signed this weekend, AB131, has been extremely divisive in a state that’s undergoing a budget crisis. Opponents have said the state can’t afford it; supporters have pointed out that part of the funding for the measure is already set aside annually for low-income students, including undocumented kids who have so far been unable to tap into it.

So what does the California Dream Act do, exactly? A few basics:

What it changes: Undocumented college students can’t presently access state-funded financial aid, leading most to work several jobs while studying and to apply for a limited number of scholarships available to them. AB 131 gives these students access to Cal Grants, a program that provides aid to low-income students, and other state-funded tuition aid provided they meet the state residency requirements set by California law. They also become eligible for fee waivers at the community college level.

AB 130, the bill signed in July, allows undocumented students access to $88 million in privately funded university scholarships and grants that were previously not available to them.

What it doesn’t change: Unlike the similarly-named federal Development, Relief and Education for Alien Minors (DREAM) Act, neither of the two state measures proposes granting legal status to these students, a change that would be up to the federal government. The fact that they don’t have a path to legal status now has been pointed out by California Dream Act opponents, who complain that undocumented students can’t fully utilize their degrees after graduation.

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Brown: Yes to California Dream Act, no to race and gender in college admissions

Photo by sea turtle/Flickr (Creative Commons)

While most of the attention was on the California Dream Act yesterday as today’s bill-signing deadline loomed, a lesser-known but equally controversial California bill involving students of color met with a thumbs-down from Gov. Jerry Brown.

The bill, SB 185, would have allowed state universities to consider race, gender, ethnicity, and national origin in undergraduate and graduate admissions, provisions that were seen by some as conflicting with Proposition 209, a 1996 state initiative that prohibited the use of affirmative action in public institutions.

UC Berkeley’s Daily Californian quoted from a message sent by Brown to state Senate members yesterday after he vetoed the bill:

“Signing this bill is unlikely to impact how Proposition 209 is ultimately interpreted by the courts; it will just encourage the 209 advocates to file more costly and confusing lawsuits,” he wrote in the message.

Brown wrote that while he supported the idea of SB 185, “the courts – not the Legislature – determine the limits of Proposition 209.” He added that a court case is currently pending in the U.S. 9th Circuit Court of Appeals against the state and the University of California system on the same issues addressed in the bill.

SB 185 didn’t receive widespread public attention until late last month, when a campus group of Republican students at UC Berkeley held a “diversity bake sale” to protest the bill. The students, who posted different bake sale prices for different ethnic groups – with white men paying the most -  drew national media attention and hundreds of counter-protesters.

Meanwhile, AB 131, the most hotly debated student-related state measure on Brown’s desk, was signed into law yesterday. The second of two bills referred to as the California Dream Act, it will allow undocumented college students to apply for publicly-funded state financial aid, the same now available to U.S. citizens and legal residents. A companion bill granting these students access to privately-funded grants and scholarships was signed by Brown in July.

Tweeting the California Dream Act

The hashtag #dreamact has been trending on Twitter since Gov. Jerry Brown signed into law this morning a bill known as AB 131, which allows undocumented college students who meet state residency requirements to obtain state-funded financial aid for tuition. The bill is the second of two bills referred to as the California Dream Act, the first of which Brown signed in July.

The controversial measure has long drawn both ardent support and outrage, especially given the state’s financial woes. A few recent tweets, first the happy ones:

From @sigourneynunez:

Proud to be a Californian! #dreamscometrue #DREAMAct
From @lizap:
Yes! Jerry Brown passes #DreamAct in the Golden State. Are you listening, Alabama? http://ow.ly/6RvwZ #p2

From @joseiswriting, aka Jose Antonio Vargas, a former Washington Post reporter who recently came out as undocumented:

Gov. brown just signed CA #DREAMAct into law. Congrats to all, especially to young CA activists #inspiration

From @48thave:

@JerryBrownGov Thank you for introducing sanity to CA immigration policy for my undocumented bros & sisters. Go, Jerry! #DreamAct

And some not-so-happy tweets:

From ruby4050:

#CA is doomed #DREAMAct Highest unemployement, lowest business prospects, highest taxes, foreclosures and now illegals!

From @jocatapi:
i guess i need to renig my US citizenship,go to mexico to get mexican citizenship, jump the border THEN my state will recognize me #DreamAct

From @VasquezMusic:

Hey, I’m Latina but I do not support the #DreamAct make the illegals LEGAL first!

And referring to Republican state Assembly member Tim Donnelly, an opponent of the measure, @davidsiders wrote:

Donnelly calls #DreamAct ”biggest mistake that Gov. Brown has ever made … other than unionizing public employees.”
Until now, undocumented college students in California have been barred from public financial aid. AB 130, the companion bill to AB 131, allowed these students access to privately funded scholarships and grants only.
A recent version of AB 131 can be downloaded here.

Gov. Jerry Brown signs AB 131, second part of California Dream Act

Photo courtesy of Dream Team Los Angeles

A California Dream Act supporter's sign at an L.A. demonstration last week

It came down almost to the wire, but California Gov. Jerry Brown has signed legislation that will allow undocumented college students in the state to obtain the same kind of publicly-funded financial aid for tuition now available to U.S. citizens and legal residents.

Late this morning, Brown signed a bill known as AB 131, the second of two bills referred to as the California Dream Act. The signing deadline was tomorrow. The Sacramento Bee published part of a statement from Brown:

“Going to college is a dream that promises intellectual excitement and creative thinking. The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us,” Brown said in a prepared statement.

Both AB 131 and its companion bill, AB 130, were sponsored by Assembly member Gil Cedillo of Los Angeles, who has successfully shepherded similar measures through the legislature in the past, all met with vetoes. While Brown had expressed support for both measures, the time it took for him to sign AB 131, approved by state lawmakers at the end of August, had both supporters and opponents of the bill wondering if he’d decline to sign it.

Part of what made the bill so contentious is that unlike AB 130, which only entitles undocumented students to privately funded grants and scholarships, AB 130 requires the use of state funds. Cedillo’s office has estimated that implementing AB 131 could cost anywhere between $22 million and $42 million, although roughly $13 million of that would come from money that is already set aside for low-income students whose grades qualify them for CalGrants.

As controversial as AB 131 has been, it is not the first state measure allowing undocumented students access to publicly funded tuition aid. According to Cedillo’s spokesman Conrado Terrazas, New Mexico and Texas similarly allow public financial aid for undocumented students, and Illinois has legislation allowing them access to privately-funded tuition aid. Several states – including California – allow undocumented college students who meet state residency requirements to pay less costly in-state tuition rates.

A post earlier this week on whether Brown would sign AB 131 generated more than 70 comments on the Multi-American site, with readers getting into heated debates over the bill. “VETO!” one reader posted last night.

Half an hour ago, a reader identified as Soixantte posted: “Guess what haters? He signed it.”

A recent version of the bill can be downloaded here.