Access to Higher Education for Undocumented Students

Aimee Turner

A Supreme Court decision in 1982 (Plyler v. Doe) guaranteed undocumented children a free public school education; however, this ruling applied only to K–12. Access to postsecondary education remained severely constrained by federal laws that prevented undocumented students from receiving financial benefits to attend college. Title IV of the Higher Education Act of 1965 and many acts to follow aimed to exclude undocumented students from receiving state or local benefits for postsecondary education. Neither federal nor state law forbids undocumented students from attending college, but in effect many are turned away for financial reasons.

Most immigrants now come from Mexico and the countries of Central America, the Caribbean, and South Asia, rather than from Europe. There are also many more undocumented immigrants than ever before, now numbering around eleven million. Most of these illegals entered the United States by crossing the Mexican border with Mexico. Others entered with stolen or fraudulent visas or simply overstayed legal visas. Most illegal immigrants come to the United States to get better-paying jobs. Like most Americans, they pursue the American dream of a better life than they left behind. Education is the key to fulfilling this dream; however, this dream is stifled by their inability to fund the education on a collegiate level.

Remember that the Plyer v. Doe ruling is geared towards undocumented “children” who are seeking a free public education. These students came into America as children, in many cases against the will, and they should not be penalized for their parents’ choice to come to America. Furthermore, for those who are indeed taking the initiative to do well in grades K-12, should not have to struggle to make it to the next level in education.