Undocumented Childhood in the United States

Introduction Each year, over 65.000 students graduate from American high schools. However, these students, regardless of their grades, cannot join colleges or work in the military just because they are first grade immigrants. Culturally, these students are Americans because there is very little they share with the country of birth of their parents (Immigration Policy Center, 2011). These students are bi-cultured and are quite often very fluent in English. Most of these children only get to know that they are undocumented immigrants at the time when they apply for the driver’s license. This is the time when it dawns on them that they lack social security numbers and other requisite documents that are needed during application for either driving license or a college entry. Many of the undocumented children are discouraged from applying to college and only 5-10% of them apply to join colleges. This research paper seeks to discuss policies regarding undocumented children in the United States focusing on education. The research paper will describe and analyze policies that touch on undocumented children including the policies’ social and political history. The research will bring into focus how the policies impact undocumented children and their individual families. Description and analysis of the policy on undocumented children In 1994, Proposition 187 was initiated in California to limit immigrants from accessing public services including education, health care services, and welfare benefits. This was specifically targeted on undocumented children. This proposition was passed by a large margin of the electorate (Petronicolos and New, 1999). The courts however immediately blocked enforcement of the statutes. It was until 1997 that the Federal District Court found the provisions of Proposition 187 unconstitutional. Proposition 187 negatively affected Latino children who got embroiled in culture wars (Lopez, 2005). These children had to remain hostages of immigration crisis. Proposition 209, which was a voter initiative sought to exclude undocumented children from taking part in certain activities like public education. At this point in time, complex issues that touched on the youths legal and human rights became subject of cost-benefit analysis. During these debates, issues related to tax burden and crime was raised to the consternation of everyone. Conservatives were bent on excluding undocumented children from public schools, a move that liberals opposed. However, the explanations from both sides seemed to be based on mental state of emergency where reflection and sustained reasoning were never given chance to flourish. Therefore, cultural prejudice and legitimacy of economic self-interest carried the day. It therefore became a presumption that undocumented children should have no right at all or plainly put, had no right, leave alone the right to attend public schools. The court ruling declared Proposition 187 unconstitutional. Gallegly Amendment (H.R. 1377) that would have made Proposition 187 a federal law was dropped under presidential veto. The congress in 1996 passed Immigration in the National Interest Act. It was the House of Representatives that passed the Amendment sponsored by Elton Gallegly on March 20th 1996. The Amendment later became popular as Gallegly Amendment. However, all these developments have to date not guaranteed undocumented children their civil and constitutional rights. Legislations that have been initiated in the recent past that emphasize self-sufficiency, limits immigrants access to welfare benefits. In fact, they are discouraged from seeking social benefits even if they stand to qualify. Supreme Court has not helped the course of immigrants and undocumented children because they remain ambivalent about status of education. Other than California, Texas also had laws that touched on undocumented school-aged children access to free public education. Texas allowed United States citizens and legally admitted aliens to access free public education. This can be confirmed in Plyler v. Doe (1982) when Justice Brennan held that illegal aliens also enjoy the benefits of equal protection clause. The judge of the Supreme Court also held that if Texas were to deny certain group of children access to free public education that other children residing within the borders of Texas were enjoying, then this had to be justified by the state by showing that it furthered some substantial state interest. The pretext of saving that was alluded to by Texas state officials as the reason for denying undocumented children access to education was dismissed by Justice Brennan who held that they were so insubstantial in light of the costs involved to these children, the state and the nation. The 14th Amendment held that denying some persons educational opportunities on racial basis is an invidious and irrational bias that amount to suspicious classification (Hogan and Hartson, 2009). In the ruling, the court adduced that denying one education subjects them to inestimable toll on social, economic, intellectual, and psychological well being. The court further reiterated that by denying these children access to education, a lifetime hardship was being imposed on them. The court declared the discrimination irrational because it did not further substantial goal of the state (Petronicolos and New, 1999). Marshall maintained that an individual interest in education is fundamental and denial of public education based on class goes against the grains of Equal Protection Clause as set out in the Fourteenth Amendment. Justice Brennan in Plyler opined that aliens of undocumented or illegal immigration status do not belong to ‘suspect class’ hence do not deserve extraordinary protection from majoritarian political process. This was far from the truth because aliens with undocumented status have over time been repeatedly abused, physically and psychologically, by the members of the majoritarian political process. Brennan is sympathetic about the plight of undocumented children with regard to education but fails to understand why the state has to protect them. Brennan in his dissenting ruling tries to address issues that touch on efficient means of achieving specific societal and political goals like fiscal health and public order. He, however, fails to address issues that touch on person’s interest in educational opportunity or the classification employed to limit these opportunities. This becomes apparent when Brennan states that exercise of congressional power stands to affect the prerogatives of the state to afford differential treatment to particulate class of aliens. He is categorical that with regard to special constitutional sensitivity that the Plyler case presented and in absence of contrary indication fairly discernible in the present legislative record, there is no national policy that supports the state in denying undocumented children their elementary education (Petronicolos and New, 1999). In 2002, No Child Left Behind (NCLB) Act was implemented. With the Act, the schools had to be accountable for the academic performance of limited English speaking children and the immigrant children. The Act literally changed the profile of the nation’s elementary and secondary student population. With the Act, the schools had to report assessment results for immigrant and undocumented children. Schools were moreover accountable for the betterment of the performance of these children. Schools that after some long period of time did not sufficiently improve the performance of these protected groups of students were subject to interventions. If the conditions fail to improve, the government is under obligation to close such schools. The Act also obligated schools where immigrant students and undocumented children learned to measure and improve their English proficiency. In fact, there is a provision in law that supports states and school districts creation of new assessment of English proficiency (Capps et al., n.d). How existing policies affect undocumented children access to education Statistics indicate that unauthorized immigrants make up almost 25% of all immigrants in the United States. However, this reasonable percentage has never ceased to be at the heart of policy impasse. Their children have become subject of unrecognized development consequences because the parents are perceived to exist in the shadow of law. Despite the fact that these youths consider themselves Americans in spirits and voice, they are nonetheless illegal in the eyes of the law. Undocumented children status is at times derogatively called ‘illegal’ without regard to the fact that they had no hand in determining where they were to be born. This was purely, their parent’s decision. The term undocumented is at times blanketly applied even if some immigrants have some form of documentation but quite often find themselves in a long wait for pending formal legal outcome. The September 11th terrorist attack in the U.S. compounded the problems faced by the legal and illegal immigrants and their children (Suarez-Orozco et al., 2011). The Visa application process has become so protracted. Children of legal immigrants who lose their jobs, consequently lose their visas and the right to stay in the United States. Regularization process that is followed for one to become a legal immigrant is long and torturous. This sometimes discourages some parents from taking their children for documentation. The process entails too much bureaucracy and higher rates of denial. Children born after their parents have stayed in the U.S. for more than two years have to wait up to when they are adults to undergo regularization process. The parents of these children meanwhile remain under threat of deportation. Undocumented status normally subject children to labyrinth of liminality that interferes with their stages of development in myriad ways. These children grow up without shared bundles of rights and obligations that structure a person’s social behavior. Another problem that undocumented children have to contend with is getting enrolled in under-resourced schools that are highly segregated. There are limited engaging opportunities in these institutions. Because of the long regularization process, parents normally attempt to regularize themselves before bringing their children. These children have to stay away from their parents. Latino children, regardless of the Plyler v. Doe ruling, face a lot of challenges with regard to their educational prospects (Suarez-Orozco et al., 2011). The education that the Latino children receive only helps in their personal growth and not for the betterment of overall conditions of the Latinos in the United States since they are banished from participating in democratic processes (Lopez, 2005). Conclusion The Californian Proposition 187 and Gallegly Amendment could have sealed the fate of Undocumented children access to free public schools had it not been for the intervention of President Bill Clinton who vetoed it. The majority ruling in Plyler v. Doe that invoked provisions of the Fourteenth Amendment also brought some glimmer of hope to the undocumented children with regard to their education. However, the Plyler majority ruling has not been very significant as undocumented children across the United States, including the Latino’s in California still suffer the consequences of Proposition 187. The future of undocumented children however, seems bright in the perspective of the inception of Dream Act. Reference List Capps, R., Fix, M., Murray J., Ost, J., and Passel, J.S. (n.d). The New Demography of  America’s Schools: Immigration and the No Child Left Behind Act. Washington: The Urban Institute. Hogan and Hartson, (2009). Legal Issues for School Districts Related to the Education  of Undocumented Children. Washington: National School Boards Association. Immigration Policy Center. (2011). The Dream Act: Creating Opportunities for immigrant  students and Supporting the U.S. Economy. Washington: Immigration Policy Center. Lopez, M.P. (2005). Reflections on Educating Latino and Latina Undocumented Children: Beyond Plyler v. Doe. Seton Hall Law Review, 35(1373). Petronicolos, L., and New, W.S. (1999). Anti-Immigrant Legislation, Social Justice, and the Right to Equal Educational Opportunity. American Educational Research  Journal, 36(3), 373-408. Suarez-Orozco, C., Yoshikawa, H., Teranishi, R.T., and Suarez-Orozco, M.M. (2011). Growing up in the Shadows: The development implications of Unauthorized Status. Harvard Educational Review, 81(3). This research paper on Undocumented Childhood in the United States was written and submitted by user Taraji Michael to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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But it has also been contradicted by academic researchers of public school funding by Rob Greenwald, Larry Hedges, and Richard Laine wrote: â€Å"school resources are systematically related to student achievement and that those relations are large [and] educationally important. (Greenwald et al. 384) With such a controversial topic, which one should we believe?How can we pos sible know for sure more money given to schools is the best option to improve the education our students receive from the government? And why should we change the way wealthy community schools are run when they are already successful in their academic achievements? How large is the difference in the amount of funding that each public school receives? Public school funding comes from federal state, and local sources, which nearly half of those funds are from local property taxes(National Center for Education Statistics).Because of the local property taxes from the community this is where the uneven funding for public schools start that makes a difference from the wealthy and impoverished communities. For example in 1998, New Jersey had an annual funding rate per student of $8,801, while Utah had a yearly rate of $3,804 per student(National Center for Education Statistics). Just from these numbers it shows that students from New Jersey where given twice the level of education than tho se students in Utah. While America funds its schools by the local wealth of the communities, we are the only country that does that.This type of funding system makes a huge difference in the quality of school building, faculty, equipment, class sizes, and technology resources for a student’s education. In other countries public schools are funded through state taxes and the communities. But what makes other countries educational system different than our own is each school gets the same amount of funding needed to run the school. As Robert Slavin a psychologist focusing on community and education said: â€Å"the U. S. is the only nation to fund elementary and secondary education based on local wealth.Other developed countries either equalize funding or provide extra funding for individuals or groups felt to need it. In the Netherlands, for example, national funding is provided to all schools based on the number of pupils enrolled, but for every guilder allocated to a middle- class Dutch child, 1. 25 guilders are allocated for a lower-class child and 1. 9 guilders for a minority child, exactly the opposite of the situation in the U. S. where lower-class and minority children typically receive less than middle-class white children. Slavin 520)† Poorer and minority students face more difficulties in their life as they are more prone to experience more difficulties in the family. But also these students are also forced to go to school at poorly funded schools. There is often commonly a language boundary that keeps many of the children from having a proper education in a school system. Teachers that are starting out in their educational career are sent to schools that are having a hard time developing their students into academic achievers.Schools in poorer communities are in need of more experienced teachers, but there is not enough money to recruit a quality teacher that has not already been recruited to teach at a higher paying and more academically achieving job and environment. Teachers are a learning tool that helps the students get to where they can be successful in life. The quality of materials that students have available to them impact the way they learn and also the pace they learn. With little funding students are left to work without dated technology and second hand books.The effect of outdated technology can be an intimidation for a student to not continue onto college. Many students feel as though schools did not prepare them for an institution that has technology far beyond than what they know how to use. On the other side of the argument, students are given their own choice to either achieve or fail in their education. In other words, success and failure results from individual effort and not a group interaction of the student by the community the student lives in. Even if less funded schools are given more money; more than half of adults say that poverty is a personal problem (Smith).The community that the scho ol was built into has already set the standard of the school. Depending on the community influences the child is more likely to follow into the footsteps of their parents. If the parents are mechanics and the child follows in their footsteps, does that make them a failure if the student does not go on to be a doctor or an over achiever? The effects of the community on a child can change the way education is viewed in the family and home. Daniel Patrick Moynihan, politician and sociologist, argues that minorities are disadvantaged because of the â€Å"social traditions† of the minority communities().Which means that students have the ability to learn but the social culture in their communities hinder them to take their education seriously unless their family does. This belief that students come from impoverished homes lack the support system to benefit from a quality education drives the idea that there is no need for more funding. Even though there are outrageous numbers that can be easily equaled out for all students. America has focused on the idea to invest in the students that have a more promising future in the long run. Why would we waste money that will become a gamble, and we will not know if the outcome will be positive or not.The wealthy communities have been able to produce those students that have continued to succeed. The states believe that if they reward those schools that are producing results then it will give the other schools incentive to achieve to retrieve more money for the state. But how can a school be able to climb its way to the top if it’s stuck in the bottom, working with the resources that it already has. The biggest survey done on the relationship of the amount of funding and the impact of students’ education was called The Coleman Report.The report was a study that randomly selected thousands of students from all over the nation and tried to connect the issue of money and education. From the report it was lin ked that students’ home background and peer groups were a major part of achievement, but the quality of the school had little to no impact on their education. Which researchers wrote: â€Å"Schools bring little influence to near on a child’s achievement that is independent of his background and general social context† (Cain 325). Schools that are also well funded are able to get familiarized with the current technology that is popular in today’s life.From the advantage of having the practice with technology has already put themselves ahead of others who have not gotten the chance to learn that kind of technology. Students who are not able to access technology are behind to those who have and will lack in their technology skills in college. Being updated with the latest technology helps students want to continue in into college to learn more new things. The quality of materials that students have available to them impact the way they learn and also the pac e they learn. With little funding students are left to work without dated technology and second hand books.The effect of outdated technology can be an intimidation for a student to not continue onto college. Many students feel as though schools did not prepare them for an institution that has technology far beyond than what they know how to use. Without confidence in the education that they have received, students are hesitant to ask for help and get the help that they need to succeed into a higher education level. If the materials the schools are using are outdated and not taken care of, then the students will also return the same respect to the books in the condition that they are in.Schools no longer become a place for opportunity, but a place where students are required to attend with old material, that will not get any better as the years go on. The quality of the materials the students are given the more respect and effort they will give to the course material. If American is able to provide the entire students with the equal opportunity to succeed then there would be more achievements in the nation, but also a higher achievement in the country. There needs to be more awareness of the effect that funding in public schools has on the students.Statistics in the nation vary from state to state, but with the same amount of material for each student. Most Americans say they support equal funding for public schools, but they are not willing to take the necessary steps to improve and provide equal funding for all the schools across the country. Some reasons why wealthy people and communities do not to anything about unequal funding is because of: not even admitting that there is a funding difference, to keep personal taxes low, and the thought that poverty is brought onto the person instead of trying to better themselves through their education.It is better to keep the money going to the schools that continue to have academic success with their students. Studie s indicate that the level of student advantage within the home or community matters a lot to the outcome of the student’s education. But also that funding will help the student be more educated and motivated to go onto college. Greater one on one time with a teacher will help the student learn more material. Two main aspects that have been tied to higher levels of student achievement: stronger teacher qualifications, and smaller class sizes in the early grades.Getting the bases of an early education but also a quality education helps the student in the long run to adapt to the education system in a positive environment. The achievements of disadvantaged students in poorer communities are more likely to suffer America’s public school system because of two main reasons: those students are more likely to attend poorly funded schools, and they are more likely to be hurt by lack of academic resources when there is not enough funding that the school needs.Legal and political efforts to improve funding have not been very successful at the federal level, but a lot of activity has been present in the state courts and there is a realization to increase school funding. The future effects have increased in state funds for poorly-funded districts while leaving funding for rich, suburban districts up to the communities to continue with their educational support. We have concluded that well-funded schools are able to obtain higher educated teachers that continue to increase the school progression.In addition to better funded schools, schools are able to reduce the class sizes which will improve the students learning to be more focused and engaged in the classroom. Which is a huge advantage because a main problem in low funded schools, is that there is so many students in one room that a single teacher is not able to guarantee that that material is being understood from every student. Resources Cain, G. G. & Watts, H. W. (1970). Problems in making policy inferen ces from the Coleman Report. American Sociological Review, 35(2), 228-242.Hanushek, E. A. (1989). The impact of differential expenditures on school performance. Educational Researcher, 18(4), 45-65. Kluegel, J. R. & Smith, E. R. (1986). Beliefs about inequality: Americans' view of what is and what ought to be. New York: Aldine de Gruyter. Greenwald, R. , Hedges, L. V. , ; Laine, R. D. (1996). The effect of school resources on school achievement. Review of Educational Research, 66(3), 361-396. Moynihan, D. P. (Ed. ). (1969). On understanding poverty: Perspectives from the social sciences.New York: Basic Books. National Center for Education Statistics (2000a). Common core of data for school years 1993/94 through 1997/98 (a compact disk). Washington, DC: Office of Educational Research and Improvement, U. S. Department of Education. National Center for Education Statistics (2000b). The condition of education 2000. Washington, DC: Office of Educational Research and Improvement, U. S. Dep artment of Education. Slavin, R. E. (1999). How can funding equity ensure enhanced achievement? Journal of Education