An Argument for a Right to Education for Undocumented Youth in Light of DACA’s Uncertain Future

Authors

Minnie Blackman, University of Mississippi School of LawFollow

Abstract

Undocumented youth are facing increasingly difficult circumstances in which to integrate into U.S. society both socially and economically. A primary reason for this phenomenon is the current antagonistic sentiments surrounding the Deferred Action for Childhood Arrivals (DACA) program. These sentiments have created a lack of trust in this program, with fewer undocumented youth applying for DACA status, which would allow many of them to apply to public colleges and universities at in-state tuition rates. Previous research has implied that state laws have the potential to create a property interest in education, and, as such, it must be protected from arbitrary infringement. This Article applies the proposition of a property interest in education to the nine states that have challenged DACA’s legality. Contrary to what has often been assumed, the ability of undocumented individuals to pursue higher education at lower costs would benefit both states and the undocumented population. My findings indicate that benefits would include a decrease in high school dropout rates, an increase in college attendance, undocumented individuals gaining the knowledge and preparation to become upstanding U.S. citizens, and undocumented individuals becoming increasingly equal to their documented peers.

Recommended Citation

13 Indiana Journal of Law and Social Equality 15