The Supreme Court’s inability to reach a majority decision in U.S. vs. Texas blocked President Obama’s plans to enable millions of undocumented immigrants to stay in the country and work here. It should also place the urgent need for immigration reform back at the center of our political debate at the state and local level.
In November, voters will have the ultimate say on federal immigration policy when they go to the polls. The next President and Congress will not only have the duty of nominating and confirming the ninth Supreme Court justice who can break this 4-to-4 split decision, but also have an opportunity to finally pass a comprehensive immigration bill.
Regardless of who becomes our next President, New York can’t wait. We have an opportunity to lead by passing the DREAM Act — which would formally let people who came here as undocumented children access state financial aid and scholarships for higher education if they otherwise meet instate tuition requirements.
These children — raised but not born in New York — would finally get access to the same Tuition Assistance Program that’s already available to every other young person. It has been estimated that some 4,500 undocumented students graduate from New York high schools every year, but nationally only 5%-10% of undocumented graduates choose to pursue a college degree.
When I led the state’s top education policy-making body, for years — dating back to 2011 — we urged the passage of this law. Had New York acted then, we would have matched similar policies in California, Texas and Maryland. The Assembly has passed the DREAM Act many times, but the state Senate has never followed suit.
These children should not be denied the access to education just because their parents immigrated from other nations. Nor would we take one TAP dollar away from students who are American citizens.
So let’s step away from the harsh and divisive rhetoric about undocumented immigrants taking something away from the rest of us. First, these are our kids, too; we educated them in New York’s public schools, because the law requires us to. Second, if these students stay in our state, we should want them to get the higher education that is essential to not only meeting their full potential in the workplace, but to maximizing their potential as productive taxpayers and citizens.
A prudent analysis mixing our hearts and our heads would say: Let’s complete our investment in these students to cover the investments we have already made in providing them their K-12 educations. If we took this question to Pope Francis or the faculty of the Harvard Business School, they would no doubt concur: to stop investing in the achievement of students makes no sense either philosophically or through the lens or a purely pragmatic business plan.
Passing a DREAM Act here in New York would have the side benefit of sending a message to Washington that helping kids get an education is both good policy and politics.
The Supreme Court sent this issue back to the voters and their elected officials. It has long been said that the Supreme Court reads election returns, so when a full court reconsiders the issue of immigration, let it see New York taking action.
The state Senate may be resistant, but Gov. Cuomo has the leverage and skill to focus minds. With Congress and the Supreme Court deadlocked for the foreseeable future, it falls on our governor and Legislature to step into the national debate and shine light rather than heat upon those of our immigrant children who dare at once to achieve as well as dream.
Tisch is former chancellor of the New York Board of Regents.
