A new generation of students—of illegal standing, but thoroughly assimilated Americans— fights for the right to higher learning 

In many ways Oscar is a teenage everyman.

The 16-year-old Nashville student is gangly, with long arms and legs in mid-growth spurt. His eyes are aquariumed behind a pair of glasses, and when he speaks, his voice tends to squeak like a leaking gas pipe. But unlike many of his mumbling coevals, the high school junior is articulate and thoughtful about the major issues he faces in his young life.

On the surface, it's the usual cocktail of adolescent angst: spats with friends, feuding cliques, anxieties about fitting in and the occasional argument with parents. But he's got more to contend with than rampant hormones and typical teen problems. Oscar, whose real name the Scene agreed to withhold, along with the names of other students cited in this story, was born in Mexico and came across the border with his parents when he was 3 years old. Today he resides illegally in the U.S.

His immigration status is no secret at school, he says, and every day he's the target of racist gibes from fellow students who see him as an uninvited guest. "I'm not a wetback. When I went over the river, I was on someone's shoulders, so my back never got wet," Oscar jokes, brushing aside a common slur. "You could call me wetfeet, but that's about it."

Immigration status is fodder these days for school-hall taunts, in part because the public education system is facing a growing gulf between undocumented students and those born here.

According to Oscar—who's been a student in the Metro school system since kindergarten—he never really considered himself, or was treated by others, as different. That changed, he says, in high school, when college became a conversation topic. All of a sudden, a Social Security number was the key to higher education—splitting the student body into the haves and have-nots.

"My freshman year, that's when everything just changed," he says. "Everyone started talking about college, the ACT and the SAT. I just felt out of place with everyone."

Thanks to a 1982 Supreme Court decision, all children in the United States can attended public school regardless of their immigration status. Undocumented children can also attend college, but their status does preclude them from most student loans and in-state tuition. With an estimated 40 percent of the 65,000 undocumented kids who graduate annually living under the poverty line, access to financial help is often essential for enrollment.

As a result, there's a growing demographic of young adults in a position similar to Oscar's. Brought to this country before they had a voice in the decision, many undocumented kids here only have a few flashbulb memories of life before the U.S. Rather, they grow up integrated into their adopted culture, living typical teenage lives. And like most kids, they've been spoon-fed the American ideal that education is the key to a better life—a goal often obstructed by their immigration status.

There is a possible legislative answer to this problem, and one local advocacy group is lobbying to make sure Nashville's Democratic Congressman Jim Cooper knows that.

The Development, Relief and Education for Alien Minors (DREAM) Act has been batted around Congress since 2001. The act would give qualified undocumented high school graduates who moved to the U.S. before they were 15 the opportunity to apply for temporary legal status if they go to college or join the military, thus clearing the way for in-state tuition and loans. For proponents, the bill is a common sense measure that would help further the ambitions of the best and brightest undocumented students who've already been educated with U.S. tax dollars.

"These are kids who grew up here their whole lives," says Remziya Suleyma, the policy coordinator with the Tennessee Immigrant and Refugee Rights Coalition (TIRRC). "They've been through our educational system, so we've already invested in them for those 12 years until the end of high school. "And then when they're ready to go and give back, we throw obstacles in their way. [The DREAM Act] would give them a chance."

TIRRC has increased its efforts to raise awareness of the bill since it was reintroduced in Congress last March. The group wants Cooper to co-sponsor the bill and has organized petition campaigns, powwowed with the congressman's staff and has even held rallies outside of Cooper's downtown office.

But Cooper says TIRRC is knocking on the wrong door. He can't do much right now to shepherd the bill, he says, because he doesn't sit on the committee of jurisdiction. Also, the representative feels Congress is too logjammed with pressing issues such as health care and Afghanistan to work on nascent legislation.

"Right now the DREAM Act is a dream," he tells the Scene flatly. "And to turn that into reality is going to take a whole lot more work than anybody has put in so far."

Although a special interest group wooing a politician isn't new, TIRRC's work stands out because it's part of a greater effort to change the perception of immigration reform. The group has targeted the 5th District congressman specifically because of his Capitol Hill cred as a sagacious moderate.

Immigration reform efforts have historically crashed and burned because of polarizing perceptions. TIRRC wants potential supporters to see the DREAM Act not as radical policy reform but as the answer to a real American problem. The congressman's co-sponsorship could leverage support from more conservative corners of both parties.

"We all know Congressman Cooper is a leader with the Tennessee delegation," Suleyma says. "If we can get his support, then it's likely we can get the support of other Blue Dog Democrats that are so vital not only to the DREAM Act, but to comprehensive immigration reform."

Last Thursday, TIRRC staged seasonal political theater outside the congressman's office, an attempt to convince with kindness. As night fell, a group of about 40 demonstrators met in the small park across from his district home base.

Hoisting high a Christmas tree strung with paper decorations, the group marched along the sidewalk and one by one entered the lobby of Cooper's office. Inside, each dropped a petition or note asking for the congressman's support into bags held by a trio of smiling staffers. Then, assembled outside on the sidewalk, the group sang familiar Christmas songs with lyrics tweaked for the DREAM Act.

The demonstrators ranged in age from young children to graying men. But the majority of the assembled were high school students and recent graduates—those affected directly by the legislation, or lack of it. After finishing high school with high marks, many say they were offered needed scholarships and in-state tuition, only to have the funding yanked away once their undocumented status was discovered.

Carlos, for example, graduated from McGavock High School with a 3.7 grade point average. He decided he wanted to go into aviation, eventually finding a school in Florida that would give him a full ride. But when it became apparent he didn't have legal status in the U.S., the school dropped the scholarship offer.

"It's been hard ever since seeing my friends go to college and do things in life, and I'm stuck in the same place not being able to do anything," he says.

One option Carlos does have is to return to his home country, Guatemala, where a college education is not as expensive. He's considering the move, he says, even though he knows he'd be a complete cultural outsider in his homeland. But the tempting offer of a more affordable education may force him to leave the U.S.

Another option for undocumented students is to pay full tuition for college classes. But again, the price tag on higher education can be prohibitive. Veronica, 22, is currently taking community college classes. Once an aspiring artist who had student paintings displayed in the Frist Center and at TPAC, today she's studying business management. Cobbling together what she can from a job waiting tables, Veronica spends what she has left after bills on her degree.

"It takes two paychecks to pay for one class. That's a month worth of money," she says. "I only have seven or eight more classes, but I feel like giving up. It's just so much money that I've invested."

Cooper says he'll keep an open mind if the DREAM Act ever comes up for a vote, but he doesn't think the legislation will have any legs in the current session.

"In a solidly Democratic Congress, why hasn't it even had committee mark up?" Cooper asks.

When the bill was reintroduced earlier in 2009, for the first time the DREAM Act did attract a considerable bipartisan showing, with 105 representatives and 32 senators signing on. But after almost a year's worth of tea parties and health care debates, it's unlikely Congress will be willing to take up another polarizing topic. In fact, D.C. newspaper The Hill reported earlier this month that Speaker of the House Nancy Pelosi has told Democrats point blank she wouldn't bring controversial bills to the floor in 2010 unless they pass through the Senate first—immigration reform included.

Cooper adds that even if the DREAM Act passed in Congress, the Tennessee legislature would have to green-light portions of the legislation, mainly the question of whether to allow in-state tuition to undocumented students. With the legislature shifting to the political right, it's unlikely state lawmakers would be receptive.

But TIRRC is confident moderate and conservative legislators who have shied away from past immigration legislation can get behind the Dream Act. Unlike widespread amnesty, the bill's scope is simple yet has a substantive goal—giving more education and opportunity to kids.

"I think a lot of representatives, even if they don't support comprehensive immigration reform, are going to eventually support the DREAM Act," Suleyma says. " It's a much more safe, neutral issue for congressional leaders to get behind."

Email editor@nashvillescene.com.

Comments (12)

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Try as we might to pay for everything for everone, we just can't do it. What's wrong with these students returning to their country of origin and going to college? I know these illegal aliens are used to a free ride, but they should shut up and pay out-of-state fees instead of being voracious bloodsuckers. My dream legislation involves all of these people being rounded up and deported!

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Posted by Joe Carmen on December 23, 2009 at 9:56 AM

the DREAM Act would benefit not only illegal immigrants who were brought to America as children, but millions who came voluntarily as adults. As introduced this year in the House, the Act would allow illegal immigrants to apply for legal status at any age, and require no proof that they came to America at the time they claimed. Upon acceptance of their applications, the illegal immigrants would become conditional lawful permanent residents – authorized to hold U.S. jobs, and protected from deportation. All this would render the Act less a humanitarian law targeted to innocent youths than a broad, general amnesty – an amnesty with the potential to stick our nation with millions of fraudulently-legalized people.

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Posted by Bob White on December 23, 2009 at 2:18 PM

If illegals want more education, let them join the armed forces to gain citizenship and an education. That is the way lots of our poorer citizens have to acquire an education. Why help them when many of our own citizens would attend college if they had more help?

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Posted by Joyce Bryant on December 23, 2009 at 7:35 PM

How can Congress support a pathway to legal status for those who have none? The same way Congress writes bankruptcy laws and statutes of limitations, the purpose of which is to offer a fresh start. The Dream Act is for dedicated kids who have no individual culpability but have demonstrated tremendous personal responsibility. Most people agree it makes sense to have a law that offers these kids the legal equivalent of bankruptcy or a statute of limitations.

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Posted by John Lamb on December 24, 2009 at 5:19 AM

Your propaganda piece says "thoroughly assimilated Americans." That's the problem these youngsters are having. They're not Americans, they're foreigners living here illegally. We are a sovereign nation. We have borders. We have real Americans who need our help. We must make choices. Our own people must take priority. If they want a free education, here's lesson one: I don't owe you a damn thing! Pay for it yourself!

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Posted by Lance on December 24, 2009 at 11:17 AM

Illegals come here with no respect for the rule of law. They spit in the face of legal immigrants.

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Posted by GWilliams on December 25, 2009 at 9:10 AM

Wouldn't it be nice if everybody could get a free ride through. Especially the citizens that HAVE paid taxes in this country and have been laid off, had the jobs outsourced by greedy American corporations or have lost them due to downsizing. Now enter illegal immigrants. Let's see. Hmmm. I paid taxes, so I can give their children a free ride through college with the money obtained through the taxes that I paid before my job was eliminated. Yeah, that makes perfect sense to me.

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Posted by Mark on December 30, 2009 at 10:57 AM

Here's where it gets interesting, Mark: The cucarachas from the la raza front organizations want the white man to borrow money from the Chinese to fund the education of the poor brown children. Is that chutzpah or what?

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Posted by Vince G. on December 30, 2009 at 5:06 PM

I can't vote there in Tn. but I can campaign there, where my sister and extended family live. This is a sad story bout this boy, but YOU have a lot of Sad stories among your constituents, who you swore an oath to protect. You can vote no to legalizing, illegals, or fill out you resume. Our states are in trouble. We don't need even more fed mandates....Fran

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Posted by Fran Fuller on December 31, 2009 at 3:01 AM

Thank you! This is the story of thousands of TN youth who are denied a chance at earning their future. These are kids who came here so young, the only home they know is the US. They work hard enough to go to school, or serve us in the military, and we close the door in their face. It's about time that changed. Oh and fyi, even if you join the military...there is no path to residency! The DREAM Act would change that, increasing enrollment rates in both the military and college.

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Posted by Eli on January 4, 2010 at 10:24 AM

I wish all struggling students well - whether they were born here, or arrived as young children. Students are our future! Just like native-born students, we hope DREAM-Act students can become a productive part of our society: working, paying taxes, paying back their student loans, etc. All of that is better than a dead-end job in undocumented status! DREAM-Act students will have no more advantage than native-born students. Only the same opportunity to pursue the American dream and make a better life for themselves and their community.

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Posted by pat on January 4, 2010 at 12:30 PM

"What's wrong with these students returning to their country of origin and going to college?" Well, let's see. Let's imagine that you're a kid from a hard-working family in Nashville. You've done really well in the public schools, and your grades qualify you to go to college. Does that mean that you can automatically qualify for, say, the Universidad San Carlos in Guatemala? For Tec. de Monterrey in Mexico? Not necessarily. Like universities in the US, universities in other countries have standards. They expect their applicants to have linguistic and literary competence well above the level of "my parents spoke it at home," and they expect a considerable body of knowledge about national history and culture. Even a very good high school student from the US would not automatically qualify for college in the country of their birth. It's true that tuition at most schools in Latin America is low enough that someone with working relatives in the US can probably pay it without too much trouble. That's the easy part. What about the fact that a student of 18 or so would be going to a country where they may have no family left? Who's going to orient them, teach them how to get around San Salvador? Sending kids "home" to college is not an easy or automatic solution. I think that for most of them home is right here. Ignorance is a social evil, and every person who gets an education is adding some light to the world. It's not a zero-sum game, even in these hard times. Let the kids study.

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Posted by MdeG on January 4, 2010 at 1:06 PM
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