Analysis: Senate bill could deny dream to Hispanic students

AUSTIN—Texas Baptists’ significant and growing investment in the education of Hispanic youth will be counteracted—and the doors to higher education closed to many Hispanic students—if a Senate bill passes that would repeal the Texas DREAM (Development, Relief and Education for Alien Minors) Act.

SB 1819 by A number of bills before the Texas Legislature prompted responses from Texas Baptists.Donna Campbell, R-New Braunfels, Brandon Creighton, R-Beaumont, and Lois Kolkhorst, R-Brenham, would amend state law so undocumented students could not be considered residents of Texas for the purposes of receiving in-state tuition at a public institution of higher education. Undocumented students who currently receive in-state tuition at a public institution of higher education with at least 30 hours of credit before the 2015-16 academic year would be exempt from the changes.

SB 1819 also ensures institutions of higher education may establish a policy—enforced in a fair and consistent manner—to require a person for whom a residency determination is being made to submit specific documentation to verify the person is authorized to be present in the United States.

“Removing the benefit of in-state tuition rates for undocumented students will place a college education even further beyond their reach, and this negatively affects all of us,” said Gabriel Cortes, director of Texas Baptists’ Hispanic Education Initiative. Gabriel Cortes“Our goal, then, should be to provide as much incentive as possible for our students to graduate high school and college, plus become productive members of our society. Accessibility and affordability are critical to this.”

Brenda Kirk, Texas church mobilizer for the Evangelical Immigration Table, frames the issue in terms of justice.

“In the United States of America, there is no place in our legal system that holds a child culpable for the actions and decisions of an adult, except in our immigration laws,” she said. “Therefore, to punish and/or restrict access to education is both inappropriate and not in the best interest of our state.” 

In nearly every Texas community college and university, capacity exceeds enrollment, and the Texas Association of Business—as well as employers throughout the state—recognize the need for an educated workforce, Kirk noted.

“For these reasons alone, we should uphold the current right for a student that has completed two years of high school in Texas the opportunity for in-state tuition,” she said.

House bills

Two bills in the Texas House—HB 3587  by Rep. Scott Turner, R-Frisco, and HB 209 by Rep. Jonathan Strickland, R-Bedford—also relate to public institutions of higher education determining students’ immigration/resident status. Both were referred to the House State Affairs Committee.

Cortes views Hispanic education as an issue that should be a priority for all Christians in the United States, but particularly in Texas.

“It’s about breaking cycles and helping people reach the potential for which they were created,” he said. “Due to the fact that Hispanics will soon be a majority in Texas, helping Hispanics reach their educational potential should be at the top of the agenda, if we want our families, churches and communities to thrive, not only survive, in the future.”

Texas Baptists have responded to the challenge through the Hispanic Education Initiative, he noted. The initiative provides information and resources to parents and students in order to encourage high school graduation, admittance to college and completion of a college education.

Providing resources

The Hispanic Education Initiative also:

• Provides an opportunity for students to go through a GED—high school equivalency—online preparatory course in English or Spanish at no cost to them.

• Raises money and awards $1,000 scholarships to students belonging to churches affiliated with the Baptist General Convention of Texas.

• Sponsors a Hispanic summer missionary program focused on guiding students and their parents in attaining educational goals.

• Promotes a parenting course called Raising Highly Capable Kids, designed to help parents assist their children and youth to reach their educational potential. This program can be offered in churches and community centers, but also in public schools.

Another bill, SB 185 by Charles Perry, R-Lubbock, would ban so-called “sanctuary city” policies that prohibit local law enforcement from inquiring about a person’s immigration status. These policies often also prohibit the sharing of information regarding a person’s immigration status with the federal government.

SB 185 would prohibit municipalities and other local governments from adopting such policies and cut off state funding for governments that failed to comply. It would give entities found out of compliance 90 days to change policies after they were informed they were in violation. It would not apply to commissioned peace officers hired by school districts or open-enrollment charter schools, and it exempts victims or witnesses to crimes.

Danger of racial profiling

During a public hearing on the bill before the Senate Subcommittee on Border Security, several religious leaders—including some Texas Baptists—warned it could lead to racial profiling and break down trust between communities and law enforcement.

Kirk opposes SB 185, saying: “I think we should leave enforcement of immigration laws and policies to federal officers, allowing our underfunded local police officers to focus on community-oriented policing.  The role of protecting community safety is undermined when victims and witnesses are fearful to report crime due to their status.”

A bill in the Texas House, HB 592  by Matt Krause, R-Fort Worth, also relates to law enforcement agencies verifying the immigration status of detained/arrested persons. It was referred to the House State Affairs Committee.

Kirk noted the word for “immigrant” appears 92 times in the Old Testament, and Matthew’s Gospel in the New Testament teaches Jesus identifies with the “least” and most vulnerable, including strangers in a foreign land.

“The Bible is not silent on the issue of our responsibility to welcome the stranger,” she said. “We have a moral obligation to address the needs and circumstances of immigrants in our country. … We should stand ready to support legislation that reflects our Christian values and builds the common good.”

Leah Holder served this semester as a public policy research intern with the Texas Baptist Christian Life Commission and the Baptist Standard. The internship was made possible by a grant from the Christ is Our Salvation Foundation of Waco. She is a Phi Beta Kappa graduate of the University of Texas at Austin and is a student in the University of Texas School of Law.