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Daca Eligible Students Should Not Be Removed from This DACA ELIGIBLE STUDENTS SHOULD NOT BE REMOVED FROM THIS COUNTRY AND SHOULD BE ELIGIBLE FOR ADVANTAGES LIKE FINANCIAL AID By Selene C. Vázquez A Thesis Submitted to the Faculty of The Harriet L. Wilkes Honors College in Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts in Liberal Arts and Sciences with a Concentration in Law and Society Wilkes Honors College of Florida Atlantic University Jupiter, Florida May 2017 DACA ELIGIBLE STUDENTS SHOULD NOT BE REMOVED FROM THIS COUNTRY AND SHOULD BE ELIGIBLE FOR ADVANTAGES LIKE FINANCIAL AID by Selene C. Vázquez This thesis was prepared under the direction of the candidate’s thesis advisor, Dr. Mark Tunick, and has been approved by members of her supervisory committee. It was submitted to the faculty of The Honors College and was accepted in partial fulfillment of the requirements for the degree of Bachelor of Arts in Liberal Arts and Sciences. SUPERVISORY COMMITTEE: ___________________________ Dr. Mark Tunick ___________________________ Dr. Timothy Steigenga ___________________________ Dean Ellen Goldey, Wilkes Honors College ___________ Date ii ACKNOWLEDGEMENTS Foremost, I would like to express my sincere gratitude to my thesis and academic advisor, Dr. Mark Tunick, for the continuous support throughout my undergraduate experience, for his patience, motivation, mentoring, insightful comments, and hard questions. His guidance has been instrumental not only in writing this thesis but also in and outside the classroom, in Moot Court competitions the past four years, and throughout every summer internships I have been a part of, which include the most recent one in Washington, D.C. I would also like to thank my Spanish Advisor, Dr. Miguel Vázquez, for his continuous support and encouragement to persevere forward no matter what challenge may lay ahead. Thank you for encouraging me to seek a Spanish concentration, walking me through Don Quijote de la Mancha and developing in me a love for la lengua Española. I could not have imagined having better advisors and mentors throughout undergraduate school. Attending college and receiving my diploma as a first-generation student has been made possible in large part because of my advisors and the Harriet L. Wilkes Honors College community at FAU. Thank you to everyone else who contributed in one way or another— especially First Sergeant Milton McGruder, Dr. Monica Maldonado, Sandy Ogden, Norma Pagan, Kristin Skarie and Dr. Timothy Steigenga. My sincere thanks also goes to my closest friends: Arushi, Chenchen, Christina, Idia, Michael, Monique, Nicholas, Priscilla, Sarah and Wheeler for getting me through senior year, and to my Student Government team. Last but not the least, I would like to thank my family: my parents Carlos A. Vázquez, Sr. and Xochilt Gonzalez and my brother Carlos A. Vázquez, Jr. Thank you for your unconditional love, support and example. I am grateful for all that you have done for me. This accomplishment would not have been possible without any of you. iii ABSTRACT Author: Selene C. Vázquez Title: DACA Eligible Students Should Not Be Removed from this Country and Should Be Eligible for Advantages like Financial Aid Institution: Florida Atlantic University Thesis Advisor: Dr. Mark Tunick Degree: Bachelor of Arts in Liberal Arts and Sciences Concentration (s): Law and Society Year: 2017 The United States is founded on the principles of liberty, democracy and equality. Many individuals leave their home countries in the hope of enjoying these American ideals. The young children who are brought along on the journey quickly assimilate, yet as they grow older society teaches them they are different. Deferred Action for Childhood Arrivals, an executive order, allows certain unauthorized immigrants who entered the country as minors to receive a renewable deferred action from deportation and a work permit. Drawing on legal scholarship and works of political theory, I argue that if these minors can prove they are people of good moral character, exemplary students and positively contribute to our society, then they should not be inhibited from pursuing higher education but rather should be afforded the same advantages as the rest of the children they grew up among. iv To Mom, Dad, Carlos and all who have supported and encouraged me Thank you for giving me the strength and motivation to go on To all DREAMers Continúen su batalla, mantengan la esperanza y no se den por vencidos TABLE OF CONTENTS 1. Introduction ............................................................................................................. 1 2. Chapter I: Historical Background ........................................................................... 6 a. Local Unwelcoming Attempts at Finding a Solution to Immigration ........ 6 b. Deferred Action for Childhood Arrivals (DACA) - A Federal Attempt at Finding a Solution ................................................................... 10 c. Political Uncertainty for DACA Recipients ............................................ 12 3. Chapter II: College Tuition and Financial Aid ..................................................... 15 a. Difference Between In-State and Out-State Tuition Costs ....................... 16 b. Tuition in the State of Florida ................................................................... 17 c. Tuition as It Pertains to DACA Eligible Recipients and Undocumented Aliens ............................................................................... 18 d. Financial Aid ............................................................................................ 20 4. Chapter III: Immigration and Freedom of Association......................................... 25 a. Importance of Freedom of Association and Members Rights in One’s State ................................................................................................ 25 b. Membership Rights with Respect to DACA ............................................. 27 c. The Putney Debates and the Fear of Voting Rights .................................. 29 5. Chapter IV: Utilitarian and Economic Arguments ............................................... 36 a. Common Economic Arguments Against Immigration ............................. 37 b. Economic Benefits of Immigration Response: An Economic Spotlight on DACA .................................................................................................. 37 c. Economic Costs of Removal Of 11.4 Million from U.S........................... 42 v 6. Chapter V: Fairness and Social Arguments .......................................................... 45 a. Moral Arguments for Fairness .................................................................. 45 i. DACA’S Unjust or Undeserved Punishment ................................ 46 ii. Moral Luck.................................................................................... 47 iii. DACA’s Lack of Access to Their Piece of the Pie or the Potluck Perspective ....................................................................... 49 b. Legal Arguments for Fairness ................................................................... 50 7. Conclusion ............................................................................................................ 53 8. Appendix ............................................................................................................... 55 a. List of Tables ............................................................................................ 55 b. List of Illustrations .................................................................................... 59 9. Reference .............................................................................................................. 62 vi INTRODUCTION According to the most recent estimates issued by the Department of Homeland Security (DHS) Office of Immigration Statistics, there are approximately a total of 11.4 million unauthorized immigrants residing within the United States.1 Of these 11.4 million people, approximately 959,000 are unauthorized children who were brought to this country through no fault of their own by their parents or legal guardians between 2009 and 2013.2 This is almost one million children that are raised within the borders of the United States, quickly assimilate to the nation’s culture, attend primary and secondary school, and grow up like any other child their age. Every year approximately 2.8 million students graduate from public and private high school. Some of these students go on to pursue higher education while others join the military or the work force. However, approximately 65,000 of these students face different futures. Due to a lack of proper documentation, these 65,000 unauthorized students often face challenges attending 1 See Jie Zong and Batalova, Jeanne, “Frequently Requested Statistics on Immigrants and Immigration in the United States,” http://www.migrationpolicy.org/article/frequently-requested- statistics-immigrants-and-immigration-united-states (Migration Policy Insitute, 2017). An estimated 11.4 million unauthorized immigrants resided in the United States as of January 2012 compared to 11.5 million in January 2011, according to the most recent estimates issued by the DHS Office of Immigration Statistics. These results suggest little to no change in the unauthorized immigrant population from 2011 to 2012. The Migration Policy Institute estimated 11 million unauthorized immigrants resided in the United States in 2014. More than half (54 percent) resided in four states:
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