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Educational Opportunities for Adult Immigrants

/ The Old Crank

I didn’t watch any of the House Judiciary Committee’s hearing on immigration yesterday but I would guess from a quick scan of the written testimony that there wasn’t any significant discussion about the role of adult education in immigrant integration.

It appears that the best opportunity might have been during the testimony of Michael Teitelbaum, who served as the Commissioner and Vice Chair U.S. Commission on Immigration Reform back in the 1990s. For his written testimony, he attached the commission report—which is now over 15 years old. But the commission’s assessment of the state of adult education could have been written yesterday:

The Commission urges the federal, state, and local governments and private institutions to enhance educational opportunities for adult immigrants. Education for basic skills and literacy in English is the major vehicle that integrates adult immigrants into American society and participation in its civic activities. Literate adults are more likely to participate in the workforce and twice as likely to participate in our democracy. Literate adults foster literacy in their children, and parents’ educational levels positively affect their children’s academic performance.

Adult education is severely underfunded. Available resources are inadequate to meet the demand for adult immigrant education, particularly for English proficiency and job skills. In recognition of the benefits they receive from immigration, the Commission urges leaders from businesses and corporations to participate in skills training, English instruction, and civics education programs for immigrants. Religious schools and institutions, charities, foundations, community organizations, public and private schools, colleges and universities also can contribute resources, facilities, and expertise.

In his written testimony, Teitelbaum said he “was pleased to learn only recently that many of recommendations designed to facilitate the integration of legal immigrants, “including a welcome guide for new immigrants, orientation materials and information clearinghouses, and facilitating access to adult education in civics and English” had been implemented after the Office of Citizenship was created in the office of U.S. Citizenship and Immigration Services in the Department of Homeland Security. (my emphasis)

But while it’s true that USCIS has developed many of the materials and resources envisioned by the commission (and has offered some grants for adult EL/civics education), there has been virtually no progress over the last 15 years to significantly expand educational opportunities for adult immigrants. Funding for the Workforce Investment Act (WIA), the primary vehicle for federal investment in adult education in the U.S. (which includes a set-aside for EL/Civics) has been stagnant for years; in fact, taking inflation into account, it’s actually gone down.

Moreover, the EL/Civics grant program, which began as as a demonstration grant at the U.S. Department of Education, isn’t actually authorized by WIA. The set-aside has been approved by Congressional appropriators for years now, but the lack of authorization leaves the program more vulnerable to elimination than other programs under WIA. Proponents have been trying to get it authorized in the next version of WIA, but WIA reauthorization itself  has been delayed for about a decade. (A modest—but significant—win for adult education in the immigration reform bill would be to finally codify and authorize the EL/Civics grant program in WIA.)

I don’t think Teitelbaum meant to suggest that the adult education recommendations made by the commission had been achieved, but anyone not familiar with the state of adult education, WIA and EL/Civics education might have been given the impression from his testimony that significant progress has been made made in this area, which is not the case.

What Will Adult Education Advocates Be Looking for in the Pending Immigration Reform Legislation?

/ The Old Crank / 1 Comment

(Updated Below)

The basic outline of the coming immigration reform legislation is pretty clear, but reports are that we probably won’t see any actual legislation until March. (That’s the deadline that the eight senators who signed onto the immigration reform principles last week have set for themselves to deliver a bill.) Meanwhile, the Senate Judiciary Committee plans to hold a hearing on immigration reform on February 13th.

For those of you in the adult education field, what will you be looking for when the bill is finally released? Here’s my list:

Funding. This is the biggest issue, I think. Will there by any new funding for adult English language instruction in the bill? Members of the Senate group have consistently stated that undocumented immigrants will be required to learn English in order to attain permanent residency status. (This is currently not required for those residing outside the U.S. applying for “regular” permanent residency.) That provision is going to create a large increase in demand for adult english language instruction. (We can be certain of this, as we’ve already seen a big surge in demand due to the President’s Deferred Action for Childhood Arrivals (DACA) initiative.) Will the eventual legislation expand opportunities or provide additional resources for adult English language instruction?

I wasn’t really that closely involved the last time immigration reform was kicked around, but my understanding is that some of the proposals did include additional adult education funding. This time, however, I think it’s highly unlikely, considering the current fiscal climate, that we’ll see a bill that invests any taxpayer money into increasing adult education capacity, (even if it’s the “back taxes” the Senate plan would require of those seeking to obtain probationary legal status)—particularly considering that the primary beneficiaries of that funding would be undocumented immigrants.

But the Senate framework also includes language about additional fines to be paid by undocumented immigrants as well. Could the funds collected from those fines be used to provide funding for additional English classes? Is that something the adult education field would endorse?

Eligibility. In at least one state I know of (Arizona) undocumented immigrants are banned from enrolling in adult education courses administered by the Department of Education at state or federally funded schools. Even if no new dollars are forthcoming for adult education in this bill, could there something in there that might open up access to federally adult education programs to those individuals?

Proficiency. What level of English language skills will be sufficient to meet the English requirement. How will each applicant’s English language skills be assessed? Will it more-or-less mirror the process used by applicants for citizenship, or will it be something else?

Exceptions. As I noted last week, under the normal rules for those applying for citizenship, there are exceptions to the requirement that applicants know English. Generally, those over a certain age who have lived in the U.S. for significant amount of time are exempt from the English requirement when applying for citizenship, and an applicant with “a physical or developmental disability or a mental impairment” may be eligible for an exception to both the English and civics requirements.

Will there be a similar exceptions carved out for older or disabled undocumented immigrants applying for permanent residency status under the Senate plan?

Clarity. Even if the bill addressed none of issues above, the establishment of a fair, open, and transparent process by which undocumented immigrants can acquire some level of legal status will, I’m sure, be a huge relief to many immigrants served by our programs—and their families.

This is not necessarily a complete list. What did I miss?

Those in our field who feel strongly about the role of adult education in the immigration reform package should probably be getting in touch with their representatives in Congress now—particularly those living in the states represented by the eight Senators working on this bill. I think it’s quite possible that no one will be thinking very much about the role of adult education in the bill unless folks in our field speak up. The Senate is on recess the week of February 18th—adult education advocates may want to look into whether their Senators have scheduled town meetings or similar events, and try to raise questions about the role of adult education at those meetings. Program directors might even consider trying to arrange for a visit to their program that week.

I also recommend taking a look at the President’s fact sheet on immigration reform, which outlines the key principles that he believes should be included in the immigration reform package. In this document, the President calls for a proposal that promotes “efforts to integrate immigrants into their new American communities linguistically, civically, and economically.” (my emphasis) Historically, adult education programs have been at the center of those efforts, and so the President’s words may be a good place to start for those advocating for a strong role for adult education in the changes ahead.

UPDATE: I mentioned there was a Senate Judiciary Committee hearing on February 13th. For the record, there is also a House Judiciary Committee hearing on immigration tomorrow, February 5th. Because the Senate is going to be out of the gate first with a comprehensive bill, I think it’s the more significant event. For what it’s worth, the House hearing will be focused on the “current legal immigration system and ways to improve it” and “the extent to which our immigration laws have been enforced.”

A Lot Riding on the Border Security Issue in Senate Immigration Reform Proposal

/ The Old Crank

(Updated below)

While both the Senate “gang of eight” and the President seem to agree on the key components of immigration reform, the border security component, at least in the Senate proposal, looks a little bit more key than the others. From today’s Washington Post:

Under the Senate’s new blueprint for reform, the legalization of undocumented immigrants would only happen if the government “finally commit[s] the resources needed to secure the border,” as well as strict visa enforcement for legal immigrants. It’s a provision that’s similar to Bush’s 2007 immigration bill, which also made legalization contingent on beefed-up border security. (my emphasis)

In other words, if I understand this correctly, the part of the legislation that many of us in the adult education community are most interested in—a pathway to citizenship for undocumented immigrants—will be entirely contingent on an agreement over whether sufficient resources are being provided for border security. And that’s troubling because the language in the Senate document implies we’re not doing enough right now, even though there is evidence that, in fact, we are. Again, quoting that same story in the Post:

The Senate’s language suggests that the government has held back from devoting money, equipment and personnel to border security. In fact, we’ve hit nearly all of the targets that the 2007 bill established for increased border security—except for achieving absolute “operational control” of the border and mandatory detention of all border-crossers who’ve been apprehended.

This raises the possibility that, despite the evidence that we’ve actually beefed up border security over the last five years quite a bit, and achieved most of the targets that were in the 2007 bill, there are members of Congress who are going to push for more no matter what. If so, then I think the debate on border security is not going to be so much a policy debate over whether sufficient resources are truly being committed or not, but more of a political negotiation. That is, it may boil down to those in Congress representing border states pushing as hard as they can to get as much money for border security out of this bill as possible, whatever the need actually is. The higher their price, the higher the hurdle will be for the legalization provision to go forward (and the less likely, perhaps,  that Congress will be willing to invest in other things, like additional English classes).

Even if I’m wrong in my specific analysis, there’s no question in my mind that the negotiations around the border security issue are going to be critical. I’ll be looking closely at the draft legislation that emerges from the Senate to see how they define the level of commitment to border security that will be sufficient to trigger the legalization provisions.

UPDATE: More on the border security “trigger,” from TPM:

Responding to challenges from [Rush] Limbaugh that Obama would demand reforms with fewer border security measures, [Senator] Rubio emphasized his willingness to walk away from a bill if he didn’t get what he wanted on that front. In particular, he said including enforcement measures as a “trigger” for undocumented immigrants to seek permanent residency was key. (my emphasis)

UPDATE 1/30/13: More from Reuters, yesterday:

…[D]ifferences quickly emerged between what Obama would like and the proposals by the bipartisan “Gang of Eight” senators, whose plan is heavy on border security.

Obama pushed for a pathway to citizenship for illegal immigrants that is faster than the one the Senate group proposed.

Rather than emphasize border security first, he would let undocumented immigrants get on a path to citizenship if they first undergo national security and criminal background checks, pay penalties, learn English and get behind those foreigners seeking to immigrate legally.

“We all agree that these men and women should have to earn their way to citizenship. But for comprehensive immigration reform to work, it must be clear from the outset that there is a pathway to citizenship,” he said.

For Republicans, this is a sticking point. The Gang of Eight plan envisions first taking steps to toughen security along the U.S.-Mexican border before setting in motion the steps illegal immigrants must take to gain legal status. (my emphasis)

Senate Group Issues Framework for Immigration Reform – Press Conference Later Today

/ The Old Crank / 1 Comment

(Updated below)

A bipartisan group of senators has just issued a five-page set of guidelines for  comprehensive immigration reform, with more details (hopefully) to come later today during a press conference on Capitol Hill, one day before President Obama is set to deliver a major speech on immigration reform in Las Vegas.

As with previously announced principles or guidelines, this document includes a requirement that undocumented immigrants learns English, but there’s no specific details about any additional resources to provide English classes (which frankly I don’t expect):

…individuals with probationary legal status will be required to go to the back of the line of prospective immigrants, pass an additional background check, pay taxes, learn English and civics, demonstrate a history of work in the United States, and current employment, among other requirements, in order to earn the opportunity to apply for lawful permanent residency. (my emphasis)

UPDATE: This group of Senators will be holding a press conference today at 2:30 that will be carried live on C-SPAN.