Unauthorized Alien Students: Legislation in the 107th and 108th Congresses (CRS Report for Congress)
Premium Purchase PDF for $24.95 (19 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Jan. 17, 2007 |
| Report Number |
RL31365 |
| Report Type |
Report |
| Authors |
Andorra Bruno and Jeffrey J. Kuenzi, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
Unauthorized alien students constitute a subpopulation of the total U.S. unauthorized alien population that is of particular congressional interest. These students receive free public primary and secondary education, but often find it difficult to attend college for financial reasons. A provision enacted as part of a 1996 immigration law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of "in-state" residency status for tuition purposes.
In addition, unauthorized aliens are not eligible for federal student financial aid. More generally, as unauthorized aliens, they are not legally allowed to work in the United States and are subject to being removed from the country at any time.
Bills were introduced in the 107th and 108th Congresses to address the educational and immigration circumstances of unauthorized alien students. Most of these bills had two key components. They would have repealed the 1996 provision. They also would have provided immigration relief to certain unauthorized alien students by enabling them to become legal permanent residents of the United States. In both Congresses, bills known as the DREAM Act (S. 1291 in the 107th Congress; S. 1545 in the 108th Congress) containing both types of provisions were reported by the Senate Judiciary Committee.
This report will not be updated.
