The DREAM Act faces hurdles in New York, even if it passes

For five years, supporters of the DREAM Act – which would allow undocumented immigrants in New York to apply for state college tuition assistance – have watched the legislation pass the Assembly but ultimately stall in the Republican-controlled state Senate.

Advocates are optimistic that the bill could finally be approved this year – but even if it is, some worry that young undocumented immigrants might not take advantage.

Driftnery Martinez, director of immigrant services at the Jacob A. Riis Neighborhood Settlement House, said immigrants may stay away out of fear that they could be deported if they apply for the state-funded tuition aid.

“I think with any sort of city, state or federal programs that are implemented and immigrants are given access to, there’s always some sort of fear,” said Martinez, who nonetheless supports the bill. “I think that’s where they would have to be given more information about it and told their information will not be given to (U.S. Immigration and Customs Enforcement) or any immigration authorities.”

Assemblyman Francisco Moya, a Queens Democrat and a sponsor of the legislation, emphasized that any information students submitted would be kept private and would not be reported to the federal government.

“They’re not asking them if they were born here or not, so none of that information gets disclosed,” he said. “It’s very simple: It opens the door for anyone, regardless of your immigration status, if you meet the qualifications of any U.S. citizen or legal resident, to apply for (the Tuition Assistance Program).”

Some high school graduates also have trouble providing documentation to apply for the federal Deferred Action for Childhood Arrivals Program, Martinez said, which leaves them unable to find work.

“I’ve met really smart individuals who have nowhere to go. And yes, they would work to pay for school, but they can’t work because they don’t even have authorization to work here in the U.S.,” she said. “Maybe people don’t see the immediate effects right now in the short term, but in the long run it’s going to be a great issue, because you have a rising number of young individuals who are just stuck with a high school diploma.”

Of course, the state legislation would have to be approved by the Assembly and Senate and then signed by the governor before such issues could arise.

For a second straight year, Gov. Andrew Cuomo has included the DREAM Act in his executive budget, allocating $27 million annually for the cost. Although the measure was ultimately dropped from last year’s budget, supporters in the Assembly hope the governor’s backing will be the catalyst that finally leads to its passage.

"Enacting the DREAM Act is critical to expanding educational and economic opportunity for immigrants across New York,” Cuomo administration spokeswoman Abbey Fashouer said in a statement. “Governor Cuomo continues to support the DREAM Act and strongly urges the state Legislature to pass it this session.”

When Assembly Speaker Carl Heastie opened the 2016 session, he vowed that the Assembly would once again make passing the DREAM Act a priority. Moya said the governor’s shift to the left has increased the bill’s chances of passing this year.

“I think we’re in for a fight, and we’re very happy that it’s again included in the executive budget, but we really need a champion, and that champion is the governor,” Moya said. “We see him fighting for all of these left, progressive issues that we’ve seen come to fruition. Now, it’s time for him to continue that fight and get it done this year with the DREAM Act.”

Though it has the support of both Cuomo and the Assembly, the bill faces steep opposition from state Senate Republicans, who hold a narrow majority. In 2014, the Senate voted 30-29 in favor of the measure, falling short of the 32 votes needed to pass.

State Sen. Jose Peralta, the bill’s Democratic sponsor in the Senate, argued the bill is a good economic decision.

“If you break (the $27 million) down, it’s about $20,000 per student. According to the latest numbers state Comptroller (Tom) DiNapoli has put out, anyone who graduates with a B.A. will earn over their lifetime an extra $60,000,” he said. “So, three times as much as we would invest in that individual, we would get a return if that individual stays here, works here and pays taxes.”

But such fiscal arguments have not swayed Senate Republicans, who have remained united against the bill.

“We’ve made it very clear that we’re not doing the DREAM Act,” state Senate Majority Leader John Flanagan said last year. “Republicans have argued taxpayers shouldn’t have to fund incentives for students in the country illegally.”