She was a national finalist for a prestigious science award and graduated as the valedictorian of her high school class. Now, a senior at a public university in Illinois, she is poised to graduate in the spring with a degree in bioengineering and a 3.84 grade-point average. Despite her impressive academic credentials, Cecylia faces an uncertain future. A native of Poland, she has resided in the United States unlawfully for most of her 21 years. Unless federal immigration laws change and allow undocumented students like her to become legal residents, she won’t be able to put her degree to use and work as an American engineer.

For this woman and other undocumented students, who asked not to be identified by their full names for fear that they or their families could be at risk, graduation day—whether it’s high school or college—is filled with worry. While a 1982 U.S. Supreme Court decision entitles illegal immigrants to a free education from kindergarten through high school, neither Congress nor the courts have figured out what to do with the estimated 65,000 undocumented immigrant students who graduate from high school each year once they decide to attend college. Resolving the question of their access to higher education ultimately depends on a federal decision on whether—and how—to move the estimated 11 million-plus illegal immigrants in the United States toward proper citizenship status. A proposed federal law called the Dream Act would enable undocumented students who have attended U.S. schools and met other conditions to gain legal status and qualify for some student aid. But, so far, the meas-ure has failed to win enough support in Congress, leaving states to cobble together their own policies for handling these students in higher ed.

Statewide ban. Some legal scholars believe the federal government has already made a stand. In 1996, Congress passed a law barring states from giving unlawful residents “postsecondary education benefit[s]” that they don’t offer to U.S. citizens. But since then, state legislatures in Illinois, Kansas, Nebraska, Utah, and six other states have waived out-of-state tuition fees for illegal immigrant students.

The pressure for a firm federal decision is building, though it doesn’t appear Congress will address the issue soon.

Heightened concern about the slowing economy and illegal immigration already has led some states to close the doors of higher education on undocumented students. This summer, South Carolina became the first state to ban such students from all of its public colleges and universities. Arizona, Colorado, Georgia, and Oklahoma have also drawn a line in the sand and now deny illegal immigrants in-state tuition benefits. Supporters of these policies say that scarce education dollars should be spent on making college more affordable for U.S. citizens, not illegal immigrants. “At a time of economic hardship for so many Americans, we need to worry about American students,” says William Gheen of Americans for Legal Immigration Political Action Committee.
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