HB 1023

Colorado House Bill 06S-1023 is legislation that requires that all persons eighteen years of age or older shall provide proof that they are lawfully present in the United States prior to receipt of certain public benefits. The act requires that persons demonstrate lawful presence by providing documents such as driver’s licenses, visas, social security numbers, U.S. passports, state and federal tax forms.

This law is particularly pertinent to the undocumented student experience in Colorado’s colleges and universities. My college requires three “proofs” in order to be granted in-state residency, as this is what HB 1023 dictates. Even if we as administrators wanted to provide in-state tuition to undocumented students for example, we cannot. While many states do not provide in-state tuition, they do not necessarily have laws that bar all public agencies from providing services to undocumented immigrants outright. I understand that there is heated debate over the right of undocumented students to gain in-state tuition rates and that this debate will likely continue, but I wanted to write a bit about how this legislation is effecting undocumented students beyond their inability to receive in-state tuition.

I bring this up because I work with a group of undocumented students who quite frankly, are some of the brightest and capable students I have met. The problem is that they are continually reminded that they are undocumented and that the state does not believe that they are entitled to any public benefits and this can be defeating for these students. While you may not agree that these students should be granted in-state tuition, should they be allowed to get a student ID, for example?

One of my students was denied a college id because she could not provide a photo id. She is undocumented and cannot get a government id as required by HB 1023. We cannot accept a Mexican Consulate Identification, therefore this student is unable to acquire her school identification. At my school, the ramifications of not being able to get a student ID are not too terrible. You really do not receive an tangible benefits by having the card. What you do get however is a sense of inclusion when you get your ID. I consider it almost a right of passage of the college experience. This is one right of passage that undocumented students take part in. I hadn’t though about this before writing this blog, but I wonder how school sponsored trips would work for these students. Would they be able to legally sign a waiver indicated that they did not hold the school liable for any personal harm that may come during the trip? Would the student be prevented from going on the trip? I am checking with the powers that be at my school to clarify, but this is an interesting topic. I just wonder why we can’t get undocumented students a college ID. Is it so damaging to allow them to feel a part of our institutions?