Understanding the History and Serving the Needs of Undocumented Students

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1 Understanding the History and Serving the Needs of Undocumented Students

2 Review Undocumented Students in the US Legislation History AB-540 Cal Dream Act Deferred Action Challenges What to do at your School Resources

3 Who are Undocumented Students? Born outside the U.S. Many have lived in U.S. for significant portion of their lives Enter U.S. with tourist visa and chose to stay after visa expired Some reside without any form of documentation (SSN)

4 Numbers in the United States In the year 2000, approximately 2.5 million undocumented youth under age 18 were living in the U.S. 765,000 arrived in the United States before turning sixteen 360,000 undocumented high school graduates between the ages of in the United States 65,000 undocumented students graduate from U.S. high schools are eligible to attend college About 50,000 undocumented students enrolled in U.S. colleges and universities. 18,000 were enrolled in California community colleges in the school year as a result of financial accessibility

5 Why don t they just apply for residency? Many undocumented students are not eligible to apply for residency Costly Naturalization Process Several Years Age Out Alternatives 245(i), Immigration Policies

6 Legislation History Regarding Undocumented Students In the US children are given the right to K-12 education regardless of status. Plyler v. Doe (1982): was a case in which the Supreme Court of the United States struck down a state (Texas) statute denying funding for education to illegal immigrant children Although the Court did not declare education a fundamental right, it was determined that a "public education has a pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage; the deprivation of education takes an inestimable toll on the social, economic, intellectual, and psychological well-being of the individual, and poses an obstacle to individual achievement."

7 Higher Education: Admission and enrollment There is no federal or state law that prohibits the admission of undocumented immigrants to U.S. colleges and universities, public or private No Federal or state law require students to prove citizenship in order to enter U.S. institutions of higher education. Every institution has its own policies on admitting undocumented students.

8 Higher Education Illegal Immigration Reform and Immigrant Responsibility Act of 1996 an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary educational benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount duration, and scope) without regard to whether the citizen or national is such a resident. Several states have passed state laws providing access to instate tuition to any student, regardless of immigration status, In-state tuition bills benefit U.S. citizens and legal permanent residents Other state universities will take undocumented students as international students, charging out-of-state tuition.

9 Allow In-State Tuition for Undocumented Students California, New Mexico, New York, Maryland, New Mexico, Utah, Oklahoma, Kansas, Washington, Nebraska, Illinois, and Texas currently allow undocumented students that graduated from high school to pay in-state tuition. Nine of the 12 states that allow undocumented students to receive in-state tuition rates do not allow undocumented students to receive state-funded financial aid. California, New Mexico and Texas currently allow undocumented students to receive state financial aid.

10 Prohibit In-State Tuition for Undocumented Students Arizona, Colorado, Georgia, and Indiana--bar undocumented students from receiving in-state tuition rates. 2006: Arizona Proposition 300, which prohibits undocumented students from qualifying for in-state tuition rates and any type of state financial aid. 2008, the state legislatures in Colorado and Georgia passed bills that ban undocumented students from receiving in-state tuition rates. Also in 2008, South Carolina and Alabama enacted a law that prohibited undocumented students from enrolling public postsecondary institutions. 2011, Indiana enacted HB 1402 requiring that students be lawfully present to receive in-state tuition benefits.

11 Before 1986: Leticia A. vs. the UC Regents and CSU Board of Trustees: Required that UC/CSU cease the discriminatory practice of requiring proof of US citizenship Between in UC/ in CSU, students who met state residency requirements were able to receive state financial aid and were charged resident tuition 1991: Bradford vs. the UC Regents Leticia A. case is in direct violation with federal responsibility to make laws regulating immigration. Resulting in students paying non-resident tuition. 1994: Proposition 187 prohibited students from attending ALL public schools K-College. Declared unconstitutional by Gov. Davis

12 AB540: California State Law Signed into law in October 2001, Assembly Bill 540 makes undocumented students eligible to pay in-state tuition if they: Attended a California public high school for a minimum of three years (does not have to be consecutive years) Received HS diploma or equivalent (GED) Will attend a public college/university in CA (CC, CSU, UC) Students must sign a confidential affidavit.

13 Sample: AB540 Affidavit 13

14 New Laws AB 2000, (Gomez, 2014) Student secures three years worth HS Credits and has a total of 3 or more year of attendance at a California SB 1210 (Lara, 2014) Dream Loan Program Starting 2015/16 Administered by the UC and CSU campus. primary or secondary school is now eligible for AB 540 and may be awarded financial aid.

15 CA Dream Act CA Dream Act SB Gov. Brown signed in October 2011 It allows AB540 students to: SB-130(Jan. 2012): Scholarships administered by Public Schools. SB-131(Jan. 2013): UC Grants, State University Grants, Fee Waivers, EOP, Loans, and Cal Grants

16 Important Information for AB 540 Students

17 What types of Financial Aid is Available under CA Dream Act? Grants Work Study Loans -New Legislation SB 1210 Money that doesn t have to be paid back. Provides you with a job on or near campus. Not Federal, but campus base.check with each campus for more info. Dream Loan Program beginning 2015/16 Loans MUST be paid back!!

18 Deferred Action Policy passed by President Obama on June 15, 2012, exercising his administrative right. It is NOT a LAW! Eligibility Requirements: At least 15 years old Came to the U.S. under the age of 16 Under the age of 31 on June 15, 2012 Lived in the U.S. continuously for 5 years starting June 15, 2007 Physically present in the US. June 15, 2012 Entered without inspection before June 15, 2012 or

19 Financial Aid is not Deferred Action(DACA) 19 DACA gives you a work permit and stops deportation prosecution DACA not disqualified students to apply for financial aid CA Dream Act DACA not confer a new legal status to students California Students Who Have Received approval requested or DACA must complete the CA Dream Act and NOT the FAFSA DACA does not affect AB 540 Status

20 Deferred Action Questions SSN is only used for Employment. They will still be classified as AB-540 Students Eligible for loans They are not residents/us Citizens Can t fill out FAFSA, will need to fill out Cal Dream Act Application Still limited scholarships available.

21 College Access Challenge #1 Students are uninformed & misinformed Include AB540/Dream Act/Deferred Action information in all materials Have a 1-page fact sheet for AB540/Dream Act/Deferred Action students/parents Incorporate as part of individualized advising Include AB540/Dream Act/Deferred Action presenters in all college-related events

22 College Access Challenge #2 Students lack mentors & encouragement Student support groups High school clubs (i.e., develop & advise) Undocumented student alumni AB540 college student groups (i.e., IDEAS) Individualized counseling and guidance Bridging Dreams (a model for your site)

23 College Access Challenge #3 Parents lack of college knowledge Involve parents in college preparation process Develop parent support groups Provide information in parents native language Connect parents to community resources

24 College Access Challenge #4 Students college choices are largely influenced by finances Provide information about college costs for all systems of higher education. Bring in current undocumented college students to share their stories. Be realistic. Provide information & motivation but be realistic about the challenges.

25 College Access Challenge #5 Students need assistance when completing college admissions applications Help students complete residency questions (develop relationships with college admission representatives) Attend college/university application workshops annually to stay informed of policy changes General support for completing applications (if you don t know the answer, find someone who does)

26 Student College Retention Students face challenges once they are admitted. Help students identify AB540 friendly staff at their college/university Identify H.S. to college transition programs Help students navigate the scholarship disbursement process Encourage students to get involved in AB540 groups at their college/university.

27 Scholarship Tips Research scholarships without residency requirements Develop a space for this information in your office Update scholarship lists regularly Provide scholarship application assistance Proofread essays, write letters of recommendation, offer scholarship application workshops

28 BE CREATIVE! Fundraising Ideas Look to your organization: Develop an AB540 scholarship fund Inquire about the availability of discretionary funds Look to student/family/community: House parties, raffles, candy sales, etc. Look to AB540 College Student Groups: Scholarship opportunities Portfolio

29 Harsh Reality for Undocumented Students Securing sufficient funds to pay for college remains difficult. Students professional options after college are severely limited. Some undocumented students choose to continue their education through graduate studies. Many undocumented students are not currently eligible to apply for residency.

30 The Bright Side There are currently 10 states that have passed legislation to provide undocumented students with in-state tuition, which shows that change is possible. Undocumented students are still better off with a college education than without one. Networks, knowledge, and skills. Immigration Reform

31 Know Your Students Rights Undocumented students (in most states) cannot be denied admission to a college or university based on their immigration status. Undocumented students are not required to show a state issued ID or social security card to apply for college admission. Undocumented students are not required to show proof of legal residency or application for legal residency when enrolling in college.

32 More steps you can take to help Connect with feeder high school and collegebased counselors/advisers Advocate for your students (i.e., scholarship providers, policymakers) Connect with local organizations/ agencies in your community Stay informed about policies that impact undocumented students

33 Resources financial-aid/undocumented-students Dream Team Los Angeles: Meets Mondays at 6pm at UCLA Labor Center:

34 For more information: Dianne Hurtado