WASHINGTON — Following a highly successful petition campaign, opponents of the Maryland Dream Act—which was scheduled to go into effect July 8— have succeeded in suspending the law until the public can vote on it.
The law, which allows illegal immigrant high school students who meet specific criteria to apply for in-state tuition at Maryland universities, will go to the polls for an up or down vote during the November 2012 election.
Opponents to the Dream Act needed to get at least 56,000 signatures from registered voters—3 percent of the number of votes cast in the last gubernatorial election—in order to place the measure on the ballot. They delivered more than 130,000, according to the Federation for American Immigration Reform.
“[We] see this as a victory for grassroots activists and a gauge for how Americans feel about tax benefits being given to illegal aliens,” said Kristen Williamson, spokeswoman for FAIR. “The fact that they were able to get over the threshold is a testament to the outrage that there is in Maryland.”
Charly Carter, an organizer at nonprofit Progressive Maryland, said that while she is impressed with the passion of the Dream Act’s opponents, the number of signatures on the petition is deceptive.
“The majority of delegates and senators voted to support the law, and together their constituents are much more than [the number of signatures],” she said.
Williamson said the legislature is “not in tune” with the people.
“Even though Maryland is a blue state, immigration issues don’t always fall on party lines,” she said.
The Maryland Dream Act would allow undocumented students who have attended Maryland schools for at least three years and whose parents have paid taxes for at least five years to pay in-state tuition at local community colleges. After earning an associate’s degree, students would be eligible for in-state tuition at four-year institutions. Unlike the federal DREAM Act, the state bill does not include a path to citizenship.
If enacted, Williamson said the taxes paid by parents of qualified students wouldn’t come close the cost of the tuition break, causing the state to lose revenue. In addition, with fewer spots available, the state could miss out on increased tuition by admitting more out-of-state students.
“That’s not what it’s about,” said a representative from Gov. Martin O’Malley’s office. If you pay taxes in Maryland, you have a right to in-state tuition regardless of income, the spokeswoman said.
Eleanor Pelta, president of the American Immigration Lawyers Association agreed, saying it isn’t a “zero-sum game.”
“It’s not a question between full or reduced tuition. It’s a question of reduced tuition or not going at all,” she said. “The state institutions want to educate the students who are most deserving, not what the financial ability to pay is.”
Both sides said they will work to “educate the public about the facts” between now and Election Day.
“Quite honestly, we’re looking forward to the opportunity for democratic process to work for both sides and to educate people about what the bill really means,” Progressive Maryland’s Carter said.
“We will continue to support Marylanders and state and local activists to fight against overreaching benefits, just as we do with the federal DREAM Act,” Williamson said.
To date, 63,000 of the 130,000 signatures have been verified by the state Board of Elections. The board has until July 22 to complete the verification process.