The Latest | Immigration Iowa

A group of students from Marshalltown who lobbied lawmakers last week for passage of the Iowa Opportunities Workforce Act (photo courtesy of Iowa CCI).

But unlike most Iowans her age, Eva is an undocumented immigrant. Her family moved to Marshalltown from Tijuana when she was 9. She pays higher out-of-state tuition fees; she has no Social Security number or driver’s license; and she has no hope of furthering her college career unless state lawmakers pass House File 2071, otherwise known as the Iowa Opportunities Workforce Act (IOWA).

“All my life, my teachers have told me to dream big and that I could do anything I wanted to do,” said Eva, who spoke on condition of anonymity because of her immigration status and fear of deportation. “Then you get to a point where you can’t go any further because you don’t have the same things other people do.”

Eva said the equal opportunities she seeks can be found in the IOWA legislation. And at least one Republican lawmaker who could be instrumental in the bill’s success or failure said a lot of legislators agree with Eva but fear the political ramifications of supporting immigration legislation during an election year.

The bill was introduced by Rep. Ako Abdul-Samad, D-Des Moines, as a way to grant illegal immigrants resident status for purposes of paying in-state college tuition and fees. It is similar to the federal Development, Relief and Education for Alien Minors Act (DREAM Act), proposed by U.S. Sen. Richard Durbin, D-Ill., and U.S. Rep. Howard Berman, D-Calif.

IOWA would grant resident status to those who meet certain criteria, including having attended an accredited school in Iowa for at least five years before receiving a high school diploma or equivalency diploma; being accepted for enrollment in a community college or university in Iowa; not having paid tuition to attend a public high school in the state; and signing an affidavit (if the person does not have a Social Security number) promising to pursue citizenship in the U.S.

“If I had the chance I would take the steps to become a legal U.S. citizen. That’s a no-brainer,” Eva said. “It’s frustrating to live this way. I want the bill to pass because it would change my life.”

Pushing for change

Eva joined a group of Hispanic students from Marshalltown and members of Iowa Citizens for Community Improvement (CCI) recently to lobby for the bill’s passage at the statehouse. Those in favor argue that IOWA would not only help increase access to college but also improve high school graduation rates.

At Marshalltown High School, Hispanic students have a 37.3 percent dropout rate compared to 11.3 percent for white students. The nonpartisan Iowa Policy Project estimates that between 8,800 and 13,600 undocumented children under the age of 18 live in Iowa.

“This is important to a lot of immigrant students who attend schools around the state, but come graduation time have no options for their future,” said Ruth Schultz, Latino Community Organizer for CCI. “College is unaffordable because they can’t pay the higher tuition rates.”

CCI members say the state would reap the benefits of passing such a bill because on average college graduates earn nearly $1 million more in a lifetime than do high school dropouts, which means more tax dollars for the state. They also contend that undocumented students represent less than 2 percent of all high school graduates, therefore not affecting college access by others, and that other states like Illinois, Texas, Nebraska, Kansas and Wisconsin have passed similar legislation.

“I don’t see what harm can be done by giving people the chance to educate themselves,” said Veronica Guevara, an 18-year-old student at Marshalltown Community College who was part of the CCI rally at the statehouse. “People come here to better their way of life and education is a big part of that. The majority of Hispanics who work at places like Swift [& Co.] are living paycheck-to-paycheck. With a better education they can break that cycle of poverty.”

State Rep. Mike May, R-Spirit Lake, who is the ranking member of the House Education Committee, met briefly with a group of Marshalltown students during CCI’s rally and lobby event at the statehouse. He declined to comment on IOWA until he knew more about it.

“I want to see what the substance of it is and what’s being proposed,” he said. “Is it clearly just Iowa kids? Is it clear that they’ve been here a certain number of years? There are a lot of questions that I want to ask as it comes out of committee.”

The bill has passed through a House subcommittee and has been sent to the House Education Committee, where it must be approved by Feb. 12 in order to be considered by the full House.

Previous success, political payback

In 2004, a similar bill was approved by the Iowa House but defeated by the Iowa Senate. Three years later, it was re-introduced, but stalled before it made the House floor.

May said there could be political ramifications for voting for IOWA, saying some legislators who supported the bill in 2004 were not re-elected.

“On the candid side, I think a lot of people would like to do that,” May said of voting in favor of it. “On the practical side, there’s this political thing in that this was used against legislators a few years ago and some were defeated because they supported the issue. I think getting firm commitments from people might be a bit disingenuous unless they have thought about the political ramifications. It might be the right thing to do, but folks aren’t necessarily going to tell you that because they don’t know how it will be used against them.”

Guevara, who was among the group of approximately 30 Hispanic students who met with May during the CCI rally, said it appeared as though May had already decided not to support the bill, alleging that the Republican lawmaker also made some insensitive remarks to the students.

“We asked him to support the bill and he said ‘no,’” she said. “When we asked him why, he said he didn’t believe that illegal immigrants pay taxes, even though we showed him that they do, so their kids shouldn’t receive the same kind of tuition from those who do pay taxes.”

Guevara said that when one of the students told May that she was brought to Iowa illegally by her parents when she was a small child he responded, “you should blame your parents for putting you in such a position,” before suggesting that “if she didn’t like it she should go back to Mexico.”

“I’m aware that people have different opinions, but to me it felt like he had a prejudice. That his decision was based off a prejudice,” said Guevara, who for three years participated in Iowa’s Youth Congress.

May denies making such remarks, adding that other comments were taken out of context.

“That’s simply not true. I didn’t say that,” he said. “I think it’s an emotional issue and people tend to hear what they want to hear when they talk about it.”

Schultz said the students were disappointed with their meeting with May.

“We knew that Republicans were less likely to support it, but we felt it was important for the students to talk to people who disagree with them,” she said. “His comments were misinformed. The students came to present their stories and I don’t think he was in the mindset to even listen to them.”

May said the students, who he called “very mannerly” and “super young kids,” impressed him. He also said he has not made up his mind yet about the bill.

“I hate to punish kids for the sins of their parents. And it’s not a sin, that’s an exaggeration,” he said. “Would I do the same thing their parents did to help my children? Absolutely. But they also made the choice to come to our country and they certainly have the choice to leave our country. I’m not suggesting that they do that. But I did tell the students that we are a nation of law and in Iowa we follow the laws of the land.”

Eva said that the laws need to reflect the changing landscape of the land.

“They need to realize that Iowa is not the same as when they were kids,” she said. “They also need to realize that kids don’t choose to be here, they are brought here. If I was forced to go back to Mexico I wouldn’t know what to do. I don’t know anyone there. My family and friends are here. This is my home.”

Schultz, who works with immigrants, concurs.

“These students have grown up here. They’ve made friends here. They go to church here. They’ve invested in their communities,” she said. “This place is their home. And to get a good job and to flourish in their hometown they need an education and to be a citizen.”

Whether IOWA becomes law remains to be seen. Meanwhile, Eva said she is cautiously optimistic.

“I’m staying positive that it will pass,” she said. “But if it doesn’t I don’t know what I’m going to do.”