Lopez is a member of MEChA de UCLA.
By Eric Lopez
In 1982, the United States Supreme Court handed down a landmark
decision in Plyler v. Doe. The issue was whether a state had the
right to deny undocumented students access to the free public
education (K-12) it provides to all citizens or legally admitted
immigrants.
Judge John Brennan concluded that “if the State is to deny
a discrete group of innocent children the free public education
that it offers to other children residing within its borders, that
denial must be justified by a showing that it furthers some
substantial state interest.” No such showing was made because
none existed. To the contrary, it has always been in the best
interest of American society (California, in particular) to educate
its immigrant population.
The process of recognizing the importance of extending
educational opportunities to undocumented students has been slow
but encouraging in California. The issue has been in and out of the
courts for the past 20 years.
Prior to 1982, the debate centered on the question of whether it
was proper, profitable and in the best interest of the U.S. to
provide a free K-12 education to undocumented students. Although
similar, the issue today focuses more particularly on making a
university education accessible to undocumented students. There is
a direct relationship between the two, for the undocumented
students who have benefited from the Plyler v. Doe decision, are
those same students currently in danger of being denied a college
education at the University of California.
A bill that makes college more accessible to undocumented
students, but does not offer financial aid ““ Assembly Bill
540 ““ was signed last year by Gov. Gray Davis. Currently in
the implementation process at the California community college and
state university systems, it has not yet reached the University of
California. In order to be eligible for AB-540, an undocumented
student must have attended and graduated from a California high
school (or the equivalent), and have filed an affidavit stating
that he or she is in the process of legalizing their status.
The UC Regents will decide if the educational rights extended to
undocumented students under AB-540 will apply to the UC system. We
can expect a vote on the issue at their Jan. 16 meeting here at
UCLA. Recent reports suggest the regents are hesitant. As students
concerned with the well-being of California, we must demand that
the regents follow the footsteps of the California community and
state colleges, and make the University of California more
accessible to all people ““ including undocumented students
who, through their own hard work, earn admission to the UC
system.
AB-540 facilitates college accessibility by charging qualified
undocumented students in-state tuition fees, versus the
out-of-state fees they were forced to pay before the implementation
of AB-540. According to UCLA’s Office of the Registrar,
undocumented students at UCLA must pay $15,310 in out-of-state fees
versus the in-state fees of $4,236 per year.
Most students who will benefit from AB-540 have been residents
of California for most of their lives, and, as established in
Plyler v. Doe, they are future U.S. citizens.
These students are just as American as you and I. When they can
obtain a university education, especially from a UC school, all of
us benefit. The more educated our society is, the more productive
it will be, both civically and economically. An investment in
education is an investment in the future of our society.