Maryland's 'Dream Act' Ruled Fit for Referendum

02/21/12

The ruling was clear that the 'Dream Act' meets the standards set by the state's constitution for being subject to votes.

The 'Dream Act' was passed by the Maryland legislature in the final hours of the 2011 legislative session and found a wave of opposition following in its wake. Opponents collected nearly twice the signatures required to send the issue to ballot, thus blocking the law from coming into effect on July 1.

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While the Maryland Board of Elections allowed the 'Dream Act' to be put to the test of ballots, a coalition of immigrant advocates and unions challenged the decision in court. The supporters of the 'Dream Act' held that it could not be subject of a referendum since it was related to fiscal appropriations and the Maryland Constitution barred fiscal appropriations from being the subject of referendum.

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However, in its thirteen-page opinion, the court held that the costs referred to are 'incidental' to the Dream Act, and not its main intent. The judge wrote, ''The primary object of the Maryland Dream Act is to change the policy for in-state-tuition rates, not to make an appropriation… if merely affecting an appropriation became the test for determining if a law actually makes an appropriation, the result would deprive voters of the important constitutional right of referendum.''

Supporters of the Dream Act were represented by the D.C.-based firm Sandler, Reiff & Young & Lamb. The argument on their side was that the increase of students enjoying in-state rates meant allocation of state funds to cover the shortfall. It was estimated that Maryland taxpayers would need to pay up to $3.5 million by fiscal 2016 annually for the hundreds of undocumented immigrants who would qualify for subsidized college fees if the 'Dream Act' is passed.

Considering the economic climate in U.S. the chances of the 'Dream Act' to become reality is getting lower by the day.