Barnard Sociology Professor Robert Smith Urges Governor Pataki to Adopt the Most Inclusive Assembly Bill A 9556 Concerning Undocumented Immigrant Students
Smith testified before the City Council in support of Resolution 67, 5/31/02

New York, N.Y., June 10, 2002— Barnard Sociology Professor Robert Smith testified in front of the City Council on May 31 in support of Resolution 67, requiring CUNY to charge the same tuition to undocumented immigrants as to state residents. Smith argues that Governor Pataki and other New York political leaders now face an important decision: whether and how to offer undocumented immigrants in New York State the right to attend the City University of New York (CUNY) and State University of New York (SUNY) at in-state tuition.

In a recently submitted opinion article, Smith writes that Pataki has publicly expressed support for a law similar to those proposed by Assembly members Rivera and Espaillat and Senator Espada. "The next few weeks will see action on whatever bill is proposed. Pataki and the others should adopt the most inclusive bill possible. The potential benefits of an inclusive bill are as great as the potential costs of a limited one or continuation of the current policy," says Smith.

In his opinion piece, Smith states that the current issue is a consequence of the 9/11 tragedy, after which CUNY abruptly changed its policy of charging in-state tuition to all students who could demonstrate a year’s residency in New York. "This policy was consistent with the larger philosophy of New York City and State that even undocumented people, especially children, should have access to education, police protection, and basic medical care, partly out of enlightened self-interest. This philosophy is based on the Supreme Court’s 1982 ruling in Plyler v. Doe that undocumented children have the right to education through secondary school," Smith claims.

The current problem with CUNY is a result of the 1996 congressional act, which came into force in 1998, which forbids giving benefits such as in-state tuition to any immigrant if any U.S. citizen is not also enjoying those benefits. For instance, the law would not allow an undocumented worker with New York State residence to get in-state tuition if a U.S. citizen from New Jersey could not. "Prior to 9/11, CUNY had waited for federal regulations to be issued before acting on the law. After 9/11, the Chancellor moved quickly to comply," Smith further states.

According to Smith, who has conducted extensive on Mexican immigrants and Mexican Americans, there are three substantial benefits to a more inclusive policy. "First, a more inclusive law serves both enlightened self-interest and a sense of fair play. It helps the undocumented youth affected by CUNY’s current policy who came to the United States as infants or young children and see America as their home. It would also help older children. It is not beneficial to anyone to limit the opportunities for these youth and their future children. Such limited opportunities raise the specter of "a permanent underclass," which the Supreme Court sought to avoid in Plyler.

"Second, a more inclusive bill will also benefit already naturalized citizens. Research conducted over the last five years with Mexican immigrant and naturalized Mexican American students shows that the common belief is that attending college is impossible. This belief contributes to sharp drop out rates. In fact, 47% of 16-19 year old Mexicans and Mexican Americans in New York City according to the 1990 Census were not in high school and or did not graduate," Smith continues.

"Third, passing an exclusive law makes no economic sense. Current CUNY policy will cost hundreds of millions in tax dollars. Using 1992 dollars and average incomes for those with a bachelors degree and with a high school diploma, and assuming 3,000 undocumented students (slightly higher than CUNY estimate of 2,500), those with only high school degrees will pay an estimated $230,000 less in taxes over their 40-year working lives, for a net loss of some 690 million dollars," Smith further argues.

According to Smith, a more exclusive bill will not become an extra incentive for undocumented immigration. "The inclusive law returns us to a policy, which had been in effect since the Koch administration. Currently, there are fewer than 3,000 undocumented students out of a total student population of more than 200,000. Second, immigrants and their children will come in pursuit of opportunity, regardless of tuition policies. An inclusive bill will economically benefit us all; would respect New Yorkers’ commitment to giving everyone a fair chance; and would again put New York in the lead on this important national issue," Smith concludes.

Contact: Petra Tuomi, Public Affairs, 212-854-7907
Robert Smith, 212- 854-3663
James Griffith, 212-854-7583