From Executive Order to HB 37

In 2014, it was recorded that 1.6 million undocumented individuals are living in the United States under the age of twenty-five. Most of these individuals entered the United States under the age of 16 and suffer many barriers to achieving a college education due to current policies presenting these students as marginalized. Most undocumented immigrants contribute to the U.S. economy and pay taxes, while not receiving the benefits that U.S. citizens receive, such as healthcare and state drivers’ licenses. For decades, individuals against undocumented immigrant residency in the United States have put into place legislation preventing members of this population to be successful in U.S. society (Barnhardt, Phillips, Young, and Sheets, pp. 1-3, 2017).

 

In 1982, the U.S. Supreme Court ruled in Plyler v. Doe that all children have the same rights in the public K-12 education system, no matter what their immigration status is. Although this ruling protected undocumented students in primary and secondary schools, states are not mandated to provide access to affordable post-secondary education for these same students. Prior to Plyler v. Doe, Lau v. Nichols provided equal education for ESOL students. In 2001, the senate introduced the Development, Relief, and Education for Alien Minors Act, also known as the DREAM Act, which grants conditional legal status for undocumented immigrants between the ages of 12 and 31 who arrived in the United States before age 16. Participants are provided six years to achieve a two to four year degree or serve in the military in order to be considered for permanent residency. The DREAM Act has failed to pass each year since 2001 and as a result, states have implemented their own version of the act locally (Nguyen and Hoy, 2015).

 

Nguyen and Hoy (2015) reported that the state of Georgia, along with a handful of other states have banned in-state tuition for undocumented students attending post-secondary schools in the state (p. 362). In 2012, President Barack Obama implemented the Deferred Action for Childhood Arrivals program, which offers eligible students the ability to apply for a work permit for two years. This program does not provide a means for citizenship, however allows students brought into the United States as children by their parents, the ability to pursue post-secondary education experiences. Although DACA is not a law, it has allowed undocumented students to pursue the American dream and provide themselves and their families a better life (Hardina, pp. 31-35, 2014). Fiflis (2013) would even say that applying for DACA status puts students and their families at risk for deportation due to the information required to submit in order to obtain DACA status (p. 5).

 

President Donald Trump’s presidential campaign included anti-immigrant propaganda, including building a way between the United States and Mexico, and the deportation of undocumented immigrants. On January 25th, 2017, President Trump signed the Executive Order: Border Security and Immigration Enforcement Improvements. This executive order was signed to ensure national immigration laws and national security. It’s purpose is to target undocumented immigrants who generalized to be a threat to national and public security and decrease the strain on the economy. It will allow the construction on the wall between the United States and Mexico, the deportation of undocumented immigrants by local law enforcement, and penalize post-secondary institution who admit and support undocumented students. (whitehouse.gov).

 

Following the lead of the executive order signed by President Donald Trump, Georgia representatives sponsored House Bill 37 which provides that private postsecondary institutions in this state shall not adopt sanctuary policies and to take state administered federal funding and state funding from private post-secondary institutions who do not comply. HB 37 passed in the House and Senate and was signed by Governor Nathan Deal on April 27th, 2017. Starting July 1st, 2017, a private post-secondary institution must work with law enforcement upon receipt of a subpoena to provide information of an undocumented student or face these repercussions. Several other states have implemented similar policies as way.