Don't Punish Children for Parents' Illegal Entry
By Chester E. Finn Jr.
Chester E. Finn Jr., a senior fellow at Stanford's Hoover Institution,
where he chairs the Koret Task Force on K-12 Education, was assistant secretary
of Education in
the Reagan administration.
President Bush has sent one overdue immigration reform — the guest-worker
proposal — to Congress, a worthy reform that's already the target of heavy
fire from both
left and right. There's another needed legislative change that ought
to draw bipartisan support and no objections because it would correct a
long-standing moral wrong in
U.S. immigration laws: the punishment of hapless children who had nothing
to do with the decision to enter the U.S. illegally.
I agree that we should have harsh penalties for adults who break immigration
laws. (My wife and kids are legal immigrants, and I believe everyone should
follow the
rules.) But why blight the lives of hard-working youngsters who attend
our public schools, yearn to enroll in U.S. colleges, dream of becoming
Americans — and those
only connection to wrongdoing was being carried across the border by
their law-breaking parents?
Nobody has a precise count of such a shadowy population, but responsible
estimates are in the range of 50,000 such high school graduates each year,
mostly
concentrated in states and communities with lots of illegal-immigrant
families.
My friend "Alex" is such a young person. He was a babe in arms two decades
ago when his teenage parents slipped into California in search of a better
life. He grew
up in tough Los Angeles neighborhoods, attended troubled schools and
has never been back to Central America.
Yes, his parents messed up. His abusive father said they would eventually
return to Guatemala. Now he's dead. Mom has acquired a "green card," which
allows her
legal residency. But that doesn't help Alex, who is now an adult and
not covered under his mother's status.
I came to know him while making a documentary film that uses Alex's
painful saga to frame today's hot education policy wrangles over testing
and school choice. The
producer and I were struck by his keen intellect, self-awareness, articulateness
and compassion. He's been a surrogate father for his siblings. He's found
a way to work
in low-wage jobs in nursing homes, where he entertains residents with
games, poems and cheerful company.
Despite a rough time at the hands of the Los Angeles Unified School
District — a few caring teachers amid the heedlessness and red tape of
troubled urban schools —
Alex earned his GED and is close to winning a regular high school diploma
while also supporting a wife and baby. He'd be fine college material. But
he can't go without
financial aid, which he can't get without papers — ditto a driver's
license, health insurance, better job, etc.
Alex faces endless legal hassles and blind alleys unless Congress passes
a bill — the Development, Relief and Education for Alien Minors Act, or
DREAM — that
cleared the Senate Judiciary Committee in late 2003 with bipartisan
support. It would grant young people like Alex a grace period during which
they could come out of
the shadows without fear of being deported and qualify them for in-state
tuitions and federal loans. They would be eligible for green cards if they
completed at least two
years of college or served in the military. This tightly crafted measure
would transform at least a few Alexes into full-fledged Americans. Appreciative
Americans, too.
"Why do I still dream of becoming a citizen?" Alex wrote in a brief
prepared for congressional consideration. "I have already managed to do
a fair amount to advance
myself, my family and my country. I can only imagine the good I might
be able to do for the country that I've loved and called my own ever since
I knew my own
name."
His fate under current law, however, is to live in fear of being deported to the bloody, chaotic land of his birth.
The proposed DREAM Act is one of many overdue immigration reforms. A
few gutsy Republicans on Capitol Hill have risked the ire of their party's
nativist claque by
crafting careful solutions to these problems. Predictably, most Democrats
embrace such changes (except those they say don't do enough). One might
suppose that GOP
congressional leaders, watching the 2004 election draw nigh, would
also see electoral advantage in advancing these measures.
Politics aside, young lives hang in the balance. Alex's is one of them.