Assembly to decide fate of CA DREAM Act

By Peter HernandezThe Guardsman

Immigration  and Customs Enforcement’s incarceration of City College student Steve  Li last fall thrust the crusade of undocumented students into the  national spotlight, putting the possible relief offered by a federal  DREAM Act into sharp focus.

Although  the federal DREAM act has repeatedly died in congress, a similar piece  of state legislation was reintroduced into the Calif. Assembly Jan. 11.

The  federal DREAM Act would have granted citizenship to those who  immigrated before the age of 16 and are younger than 30, provided they  attend college or serve in the military and are of “good moral  character.” The House of Representatives passed the most recent  incarnation of the DREAM Act in December 2010 but the bill stalled in  the Senate after failing to secure 60 votes.

The  California DREAM Act, proposed by Gil Cedillo (D-Calif.), would go into  effect July 1 this year if Gov. Jerry Brown signs it into law. The bill  would grant financial aid to undocumented students who have attended  high schools, technical schools, or adult schools in California. Those  eligible would be required to apply for legal residency.

“Scholarships  are hard to come by,” a member of City College’s AB 540 club said — who  requested her identity be withheld because of her undocumented  immigration status. She believes state law has compelled many students  to clamor over scholarships, leaving few opportunities for undocumented  students.

She  is one of eight students in City College’s AB 540 Club, named after a  bill that allows undocumented students to pay in-state tuition rather  than much higher cost out-of-state tuition at California’s higher  education institutions.

“AB  540 has been a big relief for me, but it’s still frustrating,” she  said. “I want to go to UC Berkeley but I can’t get most scholarships.  It’s been hard to pursue my education.”

Li,  a City College nursing student, made headlines when he was taken into  custody with his parents by ICE in September 2010 and spent more than  two months at a detention center in Arizona. He was granted a  three-month stay on Nov. 20, 2010.

His  case compelled educators from City College, San Francisco State  University and University of California Los Angeles to stage call-ins  and to write letters to former House Speaker Nancy Pelosi and senators  Dianne Feinstein and Barbara Boxer. Rallies were held on the City  College Ocean campus and at Sen. Boxer’s office, and more than 600  people supported Li on a Facebook page.

His  case is not isolated in San Francisco. Elizabeth Lee, a City College  student with an undeclared major, was arrested with her mother and faced  deportation on Jan. 19. She was granted an extension and her case will  be reevaluated in July.

“There  are lots of intelligent students who are facing deportation and could  give back to the community,” the AB 540 student noted.

The  federal DREAM Act will be reintroduced during congressional sessions  this year. The bill is perceived as having little potential to pass in  the Republican-majority House of Representatives.

“It  will be especially difficult with our new Congress. The chance is slim  that it will actually pass,” said Sin Yen Ling, the attorney who  represented Li during his detention in Arizona.

Ling,  an attorney from Asian Law Caucus, is now working with more than 20  individuals who would qualify for the DREAM Act and currently face  deportation. The civil and legal rights organization is based in San  Francisco and encourages advocacy through the group Asian Students  Promoting Immigrant Rights through Education, which seeks to mobilize AB  540 youth and to educate local colleges, high schools and community  based organizations.

“Steve Li’s case was not the first, and it will not be the last.” Ling said. “These have become common cases.”