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Full-Text Articles in Law
All The Presidents' Dreamers: Immigration Reform That Biden And Trump Can Agree On (And Why That Reform May Be Elusive), Victor C. Romero
All The Presidents' Dreamers: Immigration Reform That Biden And Trump Can Agree On (And Why That Reform May Be Elusive), Victor C. Romero
Journal Articles
While a sizeable gulf exists between the Trump and Biden administrations’ approaches to immigration, there is one policy area where these presidents would see eye-to-eye: a legal pathway for “Dreamers,” longtime undocumented residents who initially came to the U.S. as children. Notwithstanding this exceptional example of bipartisanship, how the nation now moves forward to create such a pathway is a conundrum. The political divide that has stalled a two-decades-long search for a congressional solution has its roots in America’s longstanding ambivalence about whether and how to provide basic opportunities to the least of its denizens. This Essay traces the current …
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Journal Articles
Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Journal Articles
Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.