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ADVOCATES
OPTIMISTIC ABOUT IMMIGRANT STUDENT BILL Against great odds, legislation to expand access to higher education for undocumented students quietly came close to a major breakthrough in Congress in recent weeks. Although Congress has adjourned until after the November election, it is still possible that the Development, Relief, and Education for Alien Minors (DREAM) Act will eventually become law. Based on progress to date, advocates are optimistic about the legislation's chances either in the post-election lame duck session or next year. Congress has been considering two bipartisan proposals during this term: the DREAM Act (S. 1291) in the Senate and the Student Adjustment Act (H.R. 1918) in the House of Representatives. Both bills have provisions that would restore states' ability to determine their own residency requirements for purposes of in-state tuition. They would also provide an opportunity for technically "undocumented" students of good moral character who grew up in the United States to adjust to a lawful immigration status. The DREAM Act made significant progress when the Senate Judiciary Committee approved its passage in late June of 2002 (see "Immigrant Student Bill Passes Senate Judiciary Committee," Immigrants' Rights Update, July 29, 2002, p. 7). Both to celebrate this first victory and to engender more support for the bill, over 250 students and advocates from across the nation visited Washington, DC, for Immigrant Student Day on July 17, 2002. The participants, the majority of whom were immigrant students, made 75 congressional visits. In addition, the press conference that covered the event generated dozens of articles that were reported in media outlets throughout the country. The positive feedback that advocates in Washington, DC, received from Capitol Hill staff, as well as the visits that advocates continued to make after July 17, indicated that the collective efforts to educate lawmakers and the public about the DREAM and Student Adjustment Acts were largely successful. Immigrant Student Day also had a synergistic effect among the various supporters of both acts. Local and national groups continued to communicate about their work in the months following the event, and all were poised to move forward for a final long-shot push when Congress returned from its summer break in September. Also during July, the case of four undocumented students from Arizona, dubbed the "Wilson Four," generated national attention. The students, who were in upstate New York to compete in an international solar boat competition, were held for questioning at the Canadian border during a field trip to Niagara Falls. When it was discovered that they had unlawful status in the U.S., they were ordered to appear before an immigration judge. The four students came to Washington, DC, on July 17 to join the other students making the case for passage of the DREAM and Student Adjustment Acts. When their case was brought before the IJ on Sept. 24, 2002, he granted a one-year continuance, in part to give the federal government time to pass legislation—such as the DREAM Act—that could prevent them from being deported. Efforts to pass the DREAM Act received an unexpected boost when a bellicose anti-immigrant member of Congress attempted to use his clout with the Immigration and Naturalization Service against an honors student who is a potential beneficiary of the legislation. The student, Jesús Apodaca, had crossed the Arizona desert with his family when he was 12 years old. He overcame great adversity to attain a 3.93 grade point average and win an Education Excellence Award signed by President Bush. In Aug. 2002, Apodaca was brave enough to share his story with a Denver Post reporter, who published a profile of him and his efforts to continue his education. Unfortunately, the newspaper story included Apodaca's real name and other information sufficient to identify and locate his family. A few weeks later, Rep. Tom Tancredo (R-CO) personally intervened with the INS district director in an apparent effort to have Apodaca and his family deported, forcing the terrified family to flee their home and go into hiding. The Denver Post story about Rep. Tancredo's mean-spirited efforts struck a nerve in the Colorado Latino and immigrant communities and their allies. A broad coalition of immigrants' rights advocates in the state came together to prevent the family's deportation, express their outrage, and voice support for the DREAM Act. The story remained front page news and a hot topic on television and radio for more than a week. Although some politicians in Colorado initially expressed support for Rep. Tancredo, by the end of the week all of the most prominent elected officials had come out in favor of a private bill designed to protect the family. Introduced by Sen. Ben Nighthorse Campbell (R-CO), the bill would apply only to the Apodaca family, granting them permanent residence status and thereby allowing them to remain in the U.S. without fear of deportation. The national attention received by this case has also animated DREAM Act supporters, both Republicans and Democrats, to make one last effort to pass the legislation this year. For a moment a few weeks ago it appeared that something might be worked out by House and Senate negotiators that could accomplish this goal, but that particular opportunity has passed. The key to success next year or in the lame duck session that will follow the election will be the continued focus of immigrant students and their allies: whether candidates hear about immigrant students during their campaigns; whether educators and others continue to speak out; and whether the new and incumbent members of Congress are visited by their constituents after the election.
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