Brief Overview of Undocumented Immigrant Policy Making in the United States

• In Event: Undocumented Students and Access to Postsecondary Education: Reviewing Policy Research and Setting the Research Agenda

Abstract

Free elementary and secondary public education is guaranteed for all undocumented immigrants under U.S. federal law. The historic 1982 Supreme Court decision in Plyler v. Doe ensured undocumented students free K-12 public education. Almost immediately after this decision was rendered, the question arose whether undocumented immigrant college students would be guaranteed any postsecondary education rights under the same decision (Olivas, 2005). The answer to that question is no.
In an effort to try to open postsecondary education doors for this population some states have begun to address the issue of college access for undocumented students by providing some postsecondary education benefits to this population. Since 2001, for example, thirteen states (California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, Washington, and Wisconsin) have passed laws that permit certain undocumented immigrants to pay in-state rather than out-of-state tuition rates (Wolgin & Edelstein, 2011).
Interestingly, higher education continues to be the arena where social issues are contested, categorized, and constructed (Lewis, Krysan, Collins, Edwards, & Ward, 2004). Since September 11, 2001, the issue of postsecondary education access of undocumented students has gained national attention. Although some states have made some efforts to address the postsecondary education access of undocumented students, the reality remains that this population’s postsecondary education options fade when laws, policies, and social barriers hinder their access to postsecondary education.

Author

• Blanca Elizabeth Vega, Teachers College, Columbia University