David Lei | Considering circumstances

In a report released two weeks ago by the American Association of Collegiate Registrars and Admissions Officers, most colleges in the U.S. were found to knowingly admit illegal immigrants.

Not surprisingly, this news has inspired a good deal of outrage. Commentators responding to a story about the report on The Chronicle of Higher Education's Web site expressed anger and resentment at the warm welcome they believe illegal immigrants are receiving in higher education.

That sentiment is not only misguided but also represents the worst in American xenophobia, in both policy and practice.

The AACRAO arrived at these findings after conducting a survey of its member institutions. Fifty-four percent of 613 respondents said they take undocumented students. That includes Penn - according to Student Financial Services, an unspecified number of illegal immigrants are currently enrolled here.

Yes, those who circumvent the appropriate process for entering and staying in the country do so in defiance of our laws. And for the most part they don't deserve access to the same opportunities as everyone else - nobody likes the kid who cuts in the lunch line.

But it would be a miscarriage of justice if we failed to differentiate those who choose, in their own free will, to break our laws from those who don't and can't - children brought into the country illegally by their parents.

Consider the case of a 4-year-old who comes to New York from the Dominican Republic with his parents. As their temporary visas are set to expire, they apply for an extension with Immigration and Nationalization Services but never receive a response, yet they stay anyway. The impoverished family lives out of homeless shelters.

He proves to be incredibly bright, and he wins a scholarship to the Collegiate School in Manhattan, where he excels. From there he applies to Princeton. The admissions officers discover he is an illegal immigrant but accept him anyway, based on his superb qualifications. Since he can't access federal aid, Princeton gives him a full scholarship funded from institutional resources.

This is a true story. Dan-el Peralta, whom I know personally from the Prep for Prep program, went public with this story in 2006.

At the time, Peralta had won a prestigious two-year scholarship to study classics at Oxford and had been chosen salutatorian of his class at Princeton. Unfortunately, because of status, leaving the country meant he could be barred from returning for 10 years. INS refused to change his status, despite his long-standing U.S. residency and his accomplishments. Politicians, including Bill Clinton, petitioned the government on his behalf - unfortunately, to no avail.

He still went to Oxford. Princeton was later able to obtain a temporary work visa for him so he could return, but his long-term status continues to be uncertain.

While Peralta is an extreme case, it's unconscionable that we've treated someone with so much talent, in such a sympathetic situation, so horrendously. His experience is proof positive that our immigration policy is severely flawed.

Many have argued that undocumented students like him are displacing others in higher education. But colleges and universities are ideally meritocracies - if you're qualified, you should be able to attend. The trend in higher education is to meet the need of all students, and soon, immigration status should hopefully be a moot point.

Barring undocumented students from opportunities they have earned legitimately or, worse, sending them "home" to countries they've hardly ever known isn't serving justice. Unfortunately, since the immigration reform debate has died down, there's a lot of uncertainty around this issue.

It needs to be addressed, though. Those who came illegally with their parents at a young age and were educated in the U.S. are deserving of special consideration by the INS - in fact, amnesty. If these students are given paths to citizenship, they could access federal aid, rather than relying on the good graces of the particular institution.

Federal and state laws don't bar the admission of illegal immigrants, though each institution is free to establish its own policies for dealing with the issue. In a commitment to equal access, schools such as Penn refuse to consider political status at all when making admissions decisions.

I'm thankful for the 54 percent of colleges behaving sensibly. Hopefully, immigration policy will soon catch up.

David Lei is a Wharton junior from Brooklyn, NY. He is the former Executive Editor of The Daily Pennsylvanian. The Lei-bertarian appears on Mondays. His email address is lei@dailypennsylvanian.com.

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