Hard Lessons in Immigration Law

It seems odd, said Steven Camarota of the Center for Immigration Studies, to let people who aren't supposed to be in the country enroll in public universities. "Then, to subsidize it at taxpayer expense -- most people in Virginia and elsewhere think that doesn't make sense." He said it's part of a larger agenda working toward amnesty for illegal immigrants: "You find the most telegenic, appealing group of illegals -- kids who want to go to college. You don't start with an MS-13 member. "

Sen. Mark D. Obenshain (R-Harrisonburg) said: "We have people who have waited in line for years to obtain the proper documentation and to obtain legal status, and in essence, we're punishing them . . . by rewarding those who have chosen not to follow the law."

Some advocates for immigrants argue that is an oversimplification. "It's not that they're not trying to become legal," said Luis Parada, a private lawyer who does pro bono work on this issue. It can take many years to go through the process. Some have temporary protected status or another legal intermediate step.

"Colleges in Virginia have been making many mistakes," Parada said, "because immigration law is so complicated -- even students who are legally here are being wrongfully labeled illegal."

Tensions have been simmering in Congress and about half of the state legislatures. In 2003, Maryland Gov. Robert L. Ehrlich (R) vetoed a bill that would have granted certain immigrants in-state status; another bill was submitted this session. Nine states have enacted similar laws in recent years, with ongoing attempts to overturn them.

"There's a multi-front assault that's taking shape on these laws," including class-action suits, said Travis Reindl of the American Association of State Colleges and Universities. There's still a lot of disagreement about the federal law, he said. "The upshot of that for Virginia is that even if they pass something they are going to have a target on their back in terms of this law standing. They're going to have people lined up to fight it."

Lidia Pereyra didn't know any English when she started school in Winchester. She was 11 years old and scared. She can't remember anything of sixth grade, except that she wouldn't let herself cry until she got home from school. She knew education was important even though her parents hadn't been able to afford much -- her father had six years of schooling before going to work on a ranch, and her mother, who wanted to be teacher, had to stop at nine.

In high school, retiree Geoffrey Huggins tutored Pereyra in the kitchen, with the rest of the family staying in the back rooms of the small worn trailer respectfully. When she could analyze history, her hardest subject, she thought, "Oh! I'm a student, like the others now!"

Now, she's in college, but she can't afford a full course load. And she knows the rest of her family wants an education, too.

Her mom was starting to cook a dinner of beans, spinach and ground meat for the seven of them.

"I've already been to college!" 7-year-old Marcos Pereyra joked one evening recently; he has gone to the campus with his sister.

Kenya, a sixth-grader, wants to be a teacher. Victor, 13, wants to be an engineer. Reynold, who's in the 11th grade, wants to be a cardiologist.

Even Isidro Pereyra, striding in with strong hands brown from work and his John Deere cap low over his eyes, grinned when he thought about it. Go to college? If he had the chance? " ¡ Claro que s í !" he said, delighted: "Yes, of course!"

And yet -- they know how controversial this is. Lidia Pereyra doesn't know whether she will be able to finish college or whether her family can remain in Virginia, with too little money and too much uncertainty.

"If it was possible, yes, we would stay here," her mother said. Lidia Pereyra nodded, long dark hair falling over her face, translating her mother's words into English. "The laws apply to everyone the same, and at school, too, everybody's the same. Nobody is seen as less."