Resolution calling on the state and federal government to extend protections for undocumented youth by passing the New York State DREAM Act of 2017 at the state level, as well as the Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act of 2017 at the federal level

Res. No.

Resolution calling on the state and federal government to extend protections for undocumented youth by passing the New York State DREAM Act of 2017 at the state level, as well as the Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act of 2017 at the federal level

By Council Member Menchaca and The Speaker (Council Member Mark-Viverito)

Whereas, The U.S. Department of Homeland Security estimates that there are 11.4 million undocumented immigrants residing in the U.S.; and

Whereas, Undocumented youth brought to the U.S. at a young age by their parents are often called “DREAMers;” and

Whereas, DREAMers are forced to live in the shadows of society because generally, they do not have a direct path to lawful immigration status and are therefore at risk of deportation; and

Whereas, The 1982 Supreme Court’s landmark decision in Plyler v. Doe held that states cannot constitutionally deny students a free public education on account of their immigration status, or the immigration status of their parents or guardians; and 

Whereas, Undocumented students represent one of the most vulnerable groups served by U.S. schools; and

Whereas, Each year, more than 65,000 undocumented students graduate from high school in the U.S.; and 

Whereas, Just 54% of undocumented youth have earned a high school diploma, compared to 82% of their U.S. born-peers; and

Whereas, Undocumented students who wish to pursue higher education are typically ineligible for most forms of financial aid because of their immigration status, including student loans, work-study programs, and other grants; and

Whereas, According to the 2010 U.S. Census, New York State is home to 4.3 million immigrants, three million of whom live in New York City; and 

Whereas, The Fiscal Policy Institute estimates that there are about 3,627 undocumented students that graduate from high school each year in New York State; and  

Whereas, Out of the number of undocumented students who graduate from U.S. high schools every year, only 5-10% pursue a college degree, in large part, due to tremendous financial obstacles; and  

Whereas, An estimated 146,000 undocumented students who have been educated in New York State public schools are currently ineligible to receive financial aid under federal and state law; and

Whereas, Despite these significant challenges, undocumented students who manage to attend and graduate from two and four-year educational institutions achieve high levels of academic and professional success; and

Whereas, As a testament to this success, in 2015, the New York State judiciary established a groundbreaking policy regarding professional licensing for undocumented immigrants by admitting New York’s first undocumented lawyerto the bar; and

Whereas, Since 2002, undocumented students in New York State who graduate from a New York high school or receive the equivalent of a high school diplomaqualify for in-state tuition at the State University of New York (SUNY) and the City University of New York (CUNY) schools; and

Whereas, According to the Fiscal Policy Institute, there are strong fiscal and economic benefits to the state when the labor force is better educated; and

Whereas, The median income of a New York State worker with a bachelor’s degree is $25,000 higher per year than for a worker possessing only a high school diploma; and

Whereas, In order to further support immigrant families and DREAMers, there are two pieces of legislation, one at the state and one at the federal level, that should be passed and signed into law without delay; and

Whereas, New York State Assembly Member Francisco Moya introduced the New York State DREAM Act during the New York Legislature’s 2017-2018 Regular Session; and

Whereas, The New York State DREAM Act would increase access for eligible immigrant youth and the children of undocumented immigrants to various forms of financial assistance, including the Tuition Assistance Program, Higher Education Opportunity Program, Collegiate Science and Technology Entry Program, Educational Opportunity Program and other such programs available at community colleges, as well as establishes a fund that would provide financial assistance to eligible immigrants who wish to pursue higher education; and

Whereas, The New York State DREAM Act would eliminate barriers for immigrant families to save for higher education expenses by allowing them to open a New York State 529 family tuition account under the New York State College Tuition Savings Program and/or  designate a beneficiary on an account, provided they have a taxpayer identification number; and

Whereas, At the federal level, the Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE Act) was introduced by Senators Dick Durbin (D-Ill) and Lindsey Graham (R-S.C.) during the 115^th Congress (2017-2018 Legislative session); and

Whereas, The BRIDGE Act would allow youth to apply for temporary deportation relief called “provisional protected presence” and employment authorization valid for three years with the potential for renewal; and

Whereas, Youth eligible for such relief would include those granted Deferred Action for Childhood Arrivals (DACA), as well as undocumented youth who meet DACA eligibility criteria, regardless of whether they ever applied for, or were granted, DACA status; and

Whereas, Approximately two million undocumented youth could be eligible for the original DACA program, and could therefore be eligible for temporary deportation relief under the BRIDGE Act; and

Whereas, DACA beneficiaries show positive economic and educational outcomes, and have made significant contributions to the U.S. economy, highlighting the benefits of supporting undocumented youth; and

Whereas, DREAMers who pose no threat to public safety should be free from the fear of deportation because the decision to enter the U.S. unlawfully was not their own; and

Whereas, DREAMers should have access to higher education given that the opportunity to attend college, pursue careers and further contribute to their communities is highly beneficial to the economy of New York State, and the country as a whole; and

Whereas, An investment in young immigrants’ futures is in an investment in New York’s future; now, therefore, be it

Resolved, That the Council of the City of New York calls on the state and federal government to extend protections for undocumented youth by passing the New York State DREAM Act of 2017 at the state level, as well as the Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act of 2017 at the federal level.

LS # 9806, 9911, 10115

05/18/2017

JA/IP