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Writer's pictureCherie Britton JD

The Real Hope Act

Starting June 12, 2014, the doors of educational instututions will be open to undocumented migrants as the REAL Hope Act of 2014 takes effect in the State of Washington. REAL stands for “Realizing Educational Access; changing Lives.”

The bill was sponsored by Senators Barbara Bailey, Joe Fain, Andy Hill, Steve Litzow, Bruce Dammeir, and Majority Leader Rodney Tom, the Democratic leader of the predominantly Republican Majority Coalition Caucus and was signed into law by Gov. Jay Inslee on Feb. 26, 2014.

It’s counterpart in the House of Representatives (House Bill 1817, the Washington Dream Act) was not able to provide a source for funding. On the other hand, the Senate was able to allocate Five Million Dollars through June 30, 2015 from the State’s general fund to pay for the financial aid payments under the State need-grant program.

The salient feature of this law is the extension of financial aid to undocumented immigrants who have lived in the state of Washington three years before acquiring their high school diploma, and to fall under the federal requirements for deferred action.

Even before it was made law by Congress, the right to education was recognized by the United Nation’s Universal Declaration of Human Rights. By enacting this law, it is unclear whether the legislature is telling us that education is a matter of right, not just a mere privilege that can be granted or withheld at the discretion of the person who has the prerogative to give it. One thing is clear though, a closer look at the Constitution reveals that there is no provision that categorically grants the right to education.

The REAL Hope Act of 2014 is controversial even before it takes effect because of the strong public opinion against the policy of robbing Americans of opportunities – not just in terms of education but job opportunities as well. It cannot be denied that citizens have and are supposed to have more rights and privileges than those who are not citizens, and it cannot be helped if people react negatively to the law; after all, it is a free country and freedom of expression is a right guaranteed by the Constitution. While it may seem that the law puts a premium on individuals who violate immigration laws, the law simply placed undocumented migrants on equal footing with American citizens and immigrants who are legally here in terms of education; and none of them may claim the right to education on account of their citizenship or immigration status.

With the enactment of the REAL Hope Act of 2014, undocumented immigrants who used to hide for fear of reprisals are encouraged to come out, particularly children of school age qualified to avail of the benefits provided by the REAL Hope Act of 2014. On the other hand, it is also important to note that there are laws in place that prohibit employers from hiring undocumented individuals. Consequently and logically, undocumented individuals are most likely to become entrepreneurs to earn a living after graduation unless an amnesty of some sort is granted to all illegal immigrants. Now, that’s another bill or law we have to monitor.

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