Assisting Assisting Undocumented Undocumented

StudentsStudentsin Higher in Higher EducationEducation

UC Counselor Conference 2008UC Counselor Conference 2008

A Historical, A Historical, Political and Political and Educational Educational

OverviewOverview

Plyler v. DoePlyler v. Doe• In 1982, MALDEF argued In 1982, MALDEF argued Plyler v. DoePlyler v. Doe

before the Supreme Court and won.before the Supreme Court and won.

• The court held that the children of The court held that the children of unprotected immigrants were unprotected immigrants were protected under the due-process clause protected under the due-process clause of the Fourteenth Amendment and of the Fourteenth Amendment and were entitled to a public education.were entitled to a public education.

““Leticia A” RulingLeticia A” Ruling• Leticia A, 1985: Alameda County Superior Leticia A, 1985: Alameda County Superior

Court ruling made it possible for Court ruling made it possible for undocumented immigrants who had undocumented immigrants who had graduated from a California high school to graduated from a California high school to attend a California State University and attend a California State University and avoid out-of-state fees. avoid out-of-state fees.

• The ruling, called the "Leticia A" decision, The ruling, called the "Leticia A" decision, allowed undocumented students to allowed undocumented students to establish residency by demonstrating establish residency by demonstrating intent to reside in the state for more than a intent to reside in the state for more than a year. In addition, students were eligible to year. In addition, students were eligible to receive state aid.receive state aid.

““Leticia A” Ruling Leticia A” Ruling • 19851985––1991:1991: the Alameda County Court the Alameda County Court

ruling on ruling on Leticia A v. UC Regents and Leticia A v. UC Regents and California State University SystemCalifornia State University System establishes that undocumented students establishes that undocumented students can be treated as residents for tuition and can be treated as residents for tuition and state financial aid purposes.state financial aid purposes.

• 19911991––1992:1992: Bradford vs. UC Board of Bradford vs. UC Board of RegentsRegents - Los Angeles Superior Court - Los Angeles Superior Court overturns the Alameda County Leticia A overturns the Alameda County Leticia A court ruling for both the UC and CSU court ruling for both the UC and CSU systems.systems.

““Leticia A” RulingLeticia A” Ruling• Community colleges are not mentioned in

the ruling, but they implement the new ruling.

• From 1992–2001, undocumented students attending the University of California, California State University and California Community Colleges were charged out-of-state tuition.

• Several attempts were made by legislators to introduce legislation to allow students to attend school and pay in-state fees, but there was much opposition.

Current State Law: Current State Law: Assembly Bill 540Assembly Bill 540

What is AB 540?What is AB 540?

• On October 12, 2001, Governor Gray On October 12, 2001, Governor Gray Davis signed Assembly Bill 540 into Davis signed Assembly Bill 540 into law. law.

• AB 540, authored by the late AB 540, authored by the late Assembly member Marco A. Assembly member Marco A. Firebaugh (D-South Gate), authorized Firebaugh (D-South Gate), authorized any students, including undocumented any students, including undocumented students, who meet specified criteria students, who meet specified criteria to pay in-state tuition at California to pay in-state tuition at California public colleges and universities. public colleges and universities.

AB 540 EligibilityAB 540 EligibilityStudents are eligible if…Students are eligible if…

They have attended a California high school They have attended a California high school for 3 or more years (can be nonconsecutive).for 3 or more years (can be nonconsecutive).

They have or will graduate from a California They have or will graduate from a California high school or have attained a G.E.D.high school or have attained a G.E.D.

They file an affidavit as required by They file an affidavit as required by individual institutions, stating that they will individual institutions, stating that they will apply for legal residency when they are apply for legal residency when they are eligible to do so.eligible to do so.

They must register at or enroll in an They must register at or enroll in an accredited institution of higher education accredited institution of higher education in California.in California.

What are AB 540’s What are AB 540’s advantages and advantages and disadvantages?disadvantages?

• AB 540’s singular provision is to AB 540’s singular provision is to provide provide in-state feesin-state fees for unprotected for unprotected immigrant students. immigrant students.

• AB 540 AB 540 does notdoes not change a student’s change a student’s resident status.resident status.

• AB 540 AB 540 does notdoes not provide access to provide access to federal or state financial aid.federal or state financial aid.

Can a non-eligible AB 540 Can a non-eligible AB 540 student attend a college or student attend a college or

universityuniversity??• A non eligible AB 540 student is one who A non eligible AB 540 student is one who

does not qualify for the AB 540 waiver.does not qualify for the AB 540 waiver.

YESYES, they can attend as long as they meet , they can attend as long as they meet the admissions criteria and are accepted the admissions criteria and are accepted by the college or university.by the college or university.

BUT:BUT: In most situations, they will not be In most situations, they will not be

eligible for in-state fees.eligible for in-state fees. They are also prevented from working They are also prevented from working

unless they have a worker’s permit—unless they have a worker’s permit—which most do not.which most do not.

Are undocumented students Are undocumented students eligible for direct student aid eligible for direct student aid

or support services?or support services?• Both eligible and non-eligible AB 540 students Both eligible and non-eligible AB 540 students

will NOT qualify for public in-state or federal will NOT qualify for public in-state or federal financial aid--in most cases.financial aid--in most cases.

• They are eligible for private scholarships not They are eligible for private scholarships not requiring U.S. citizenship or legal residency.requiring U.S. citizenship or legal residency.

• They are also eligible for most UC student They are also eligible for most UC student support services (e.g., EOP/AAP, etc.).support services (e.g., EOP/AAP, etc.).

• They are not eligible for federal programs They are not eligible for federal programs (e.g., TRIO - Upward Bound, SSS, Talent (e.g., TRIO - Upward Bound, SSS, Talent Search).Search).

Financial Aid EligibilityFinancial Aid Eligibility• Since financial aid is considered to be Since financial aid is considered to be

domestic assistance, it is available only to domestic assistance, it is available only to citizens or permanent residents or to those citizens or permanent residents or to those who are in this country for other than a who are in this country for other than a temporary purpose.temporary purpose. A student who is in the U.S. on an F-1 or F-2 A student who is in the U.S. on an F-1 or F-2

student visa is, by definition, here for a temporary student visa is, by definition, here for a temporary purpose and therefore is not eligible.purpose and therefore is not eligible.

• A non-citizen with permanent resident status A non-citizen with permanent resident status in the U.S. will hold either form K-151 or in the U.S. will hold either form K-151 or form I-551 (Alien Registration Card or form I-551 (Alien Registration Card or "Green" Card). The student is eligible for the "Green" Card). The student is eligible for the federal financial aid.federal financial aid.

Proposed and Proposed and Current State Current State

LegislationLegislation

What is the California What is the California Dream Act?Dream Act?

• The California Dream Act SB 1301 is The California Dream Act SB 1301 is a state legislative proposal that a state legislative proposal that allows AB 540–eligible students to allows AB 540–eligible students to apply and compete for campus apply and compete for campus financial aid at California public financial aid at California public colleges and universities.colleges and universities.

• This is the third version that will This is the third version that will make it’s way to the Governor’s make it’s way to the Governor’s desk.desk.

What law will the California What law will the California Dream Act specifically Dream Act specifically

change?change?• Amend the Donahoe Higher Education Act

• Require the CSU and California Community Colleges (and request UC) to establish procedures and forms for AB 540–eligible students to be eligible to receive institutional financial aid awards.

• It would define institutional financial aid as financial assistance offered by a campus of the California Community Colleges, California State University or University of California, including grant, scholarship, work study and loan programs. The bill would specify that institutional financial aid does not include a board of governors fee waiver.

Other State InitiativesOther State Initiatives• To date, 10 states have passed To date, 10 states have passed

legislation to allow undocumented legislation to allow undocumented students to enroll in colleges and pay students to enroll in colleges and pay resident fees.resident fees.

• Other states are reviewing similar Other states are reviewing similar bills.bills.

StateState Year of Year of Passage and Passage and Law NumberLaw Number

FinanciaFinancial Aidl Aid

TexasTexas 2001- HB 14032001- HB 1403 YESYES

CaliforniaCalifornia 2001- AB 5402001- AB 540 NONO

UtahUtah 2002 - HB 1442002 - HB 144 NONO

New YorkNew York 2002 – SB 7784 2002 – SB 7784 NONO

WashingtonWashington 2003 – HB 1079 2003 – HB 1079 NONO

IllinoisIllinois 2003 – HB 0060 2003 – HB 0060 NONO

OklahomaOklahoma 2003 – HB 1559 2003 – HB 1559 LimitedLimited

KansasKansas 2004 – HB 2145 2004 – HB 2145 NONO

New MexicoNew Mexico 2005 – SB 582 2005 – SB 582 YESYES

NebraskaNebraska 2006 – LB 239 2006 – LB 239 NONO

Implications and Implications and ShortcomingsShortcomingsof State Billsof State Bills

• Interpretation in the implementation process Interpretation in the implementation process from one district to another, from one system from one district to another, from one system to anotherto another

• Proof of required documentation varies.Proof of required documentation varies.

• Interpretation of the 3-year-equivalency ruleInterpretation of the 3-year-equivalency rule

• Training is necessary to inform educators and Training is necessary to inform educators and the public.the public.

• Does not exempt students from graduate Does not exempt students from graduate tests or allow them to apply for state tests or allow them to apply for state credentials, i.e., teaching, nursing, etc.credentials, i.e., teaching, nursing, etc.

ProposedProposed

Federal Federal LegislationLegislation

What is the DREAM What is the DREAM Act?Act?

• The Development, Relief, and Education The Development, Relief, and Education for Alien Minors Act (DREAM Act) for Alien Minors Act (DREAM Act)

• Bipartisan legislation sponsored in the Bipartisan legislation sponsored in the Senate by Richard Durbin (D-IL), Chuck Senate by Richard Durbin (D-IL), Chuck Hagel (R-NE) and Richard Lugar (R-IN), Hagel (R-NE) and Richard Lugar (R-IN), and in the House by Lincoln Diaz-Balart (R-and in the House by Lincoln Diaz-Balart (R-FL), Howard Berman (D-CA) and Lucille FL), Howard Berman (D-CA) and Lucille Roybal-Allard (D-CA)Roybal-Allard (D-CA)

• Addresses the situation faced by young Addresses the situation faced by young people who were brought to the U.S. years people who were brought to the U.S. years ago as undocumented immigrant children ago as undocumented immigrant children but who have since grown up here, stayed but who have since grown up here, stayed in school and kept out of troublein school and kept out of trouble

What will the DREAM Act What will the DREAM Act do?do?

• Under the DREAM Act, high school graduates would be Under the DREAM Act, high school graduates would be permitted to apply for up to 6 years of legal residence permitted to apply for up to 6 years of legal residence conditional status. conditional status.

• During the 6-year period, the student would be During the 6-year period, the student would be required to graduate from a 2-year college, complete at required to graduate from a 2-year college, complete at least 2 years toward a 4-year degree or serve in the least 2 years toward a 4-year degree or serve in the U.S. military for at least 2 years. U.S. military for at least 2 years.

• Permanent residence would be granted at the end of Permanent residence would be granted at the end of the 6-year period if the student has met these the 6-year period if the student has met these requirements and has continued to maintain good requirements and has continued to maintain good moral character. moral character.

• Eliminate a federal provision that discourages states Eliminate a federal provision that discourages states from providing in-state tuition to their undocumented from providing in-state tuition to their undocumented immigrant student residents, thus restoring full immigrant student residents, thus restoring full authority to states to determine state college and authority to states to determine state college and university fees.university fees.

Student ProfileStudent Profile

Who are these Who are these undocumented students?undocumented students?

• Are NOT all LatinosAre NOT all Latinos• They come from many countries, brought They come from many countries, brought

to this country by their parents and have to this country by their parents and have been raised in the United States like been raised in the United States like their U.S. citizen classmates. their U.S. citizen classmates.

• Were brought to the U.S. at a very young Were brought to the U.S. at a very young ageage

• Have been raised here since childhood Have been raised here since childhood and therefore know no other country and therefore know no other country

• Were brought to the U.S. without legal Were brought to the U.S. without legal documentation, or were brought with a documentation, or were brought with a visa that was allowed to expirevisa that was allowed to expire

Who are theseWho are theseundocumented students?undocumented students?

• May not even realize that they are in violation May not even realize that they are in violation of U.S. immigration lawsof U.S. immigration laws

• Come from low-income families where Come from low-income families where parents often earn less than minimum wage parents often earn less than minimum wage

• Often work 30-40 hours a week to help Often work 30-40 hours a week to help sustain the family and pay for their educationsustain the family and pay for their education

• Are often high achievers who have excelled Are often high achievers who have excelled academically throughout their schoolingacademically throughout their schooling

• Are honest and hardworking adolescents and Are honest and hardworking adolescents and young adults who strive for academic as well young adults who strive for academic as well as professional excellenceas professional excellence

Barriers and ChallengesBarriers and Challenges

Barriers and Barriers and ChallengesChallenges

Personal deterrents for students include:Personal deterrents for students include:• Limited financial support from family to help Limited financial support from family to help

cover the cost of fees, books and personal cover the cost of fees, books and personal expensesexpenses

• Transportation (commuting on the bus for hours Transportation (commuting on the bus for hours each way because they can not afford to live in each way because they can not afford to live in university housing)university housing)

• Working excessive hours (no work = no Working excessive hours (no work = no education)education)

• Family obligations Family obligations — — helping with household and helping with household and sibling responsibilitiessibling responsibilities

• Fear of being detected by immigration authoritiesFear of being detected by immigration authorities

Barriers and Barriers and ChallengesChallenges

Educational deterrents include:Educational deterrents include:• Inability to obtain financial aid from the Inability to obtain financial aid from the

institution institution • Inability to pursue academic careers that require Inability to pursue academic careers that require

state licensing, background checks or Social state licensing, background checks or Social Security numbers (nursing, law, teaching, etc.)Security numbers (nursing, law, teaching, etc.)

• Inability to travel and participate in conferences, Inability to travel and participate in conferences, field trips or research colloquiums field trips or research colloquiums

• Inability to accept paid internships or qualify for Inability to accept paid internships or qualify for on-campus student employmenton-campus student employment

• Inability to provide CA identification affecting Inability to provide CA identification affecting the ability to take tests for graduate school, i.e., the ability to take tests for graduate school, i.e., GRE, MCAT and/or LSAT GRE, MCAT and/or LSAT

• Inability to work in the chosen professional field Inability to work in the chosen professional field after graduationafter graduation

Barriers and Barriers and ChallengesChallenges

Institutional deterrents consist of:Institutional deterrents consist of:• Staff’s lack of knowledge regarding AB 540 Staff’s lack of knowledge regarding AB 540

provisions and regulations provisions and regulations • Overall lack of commitment by campuses to Overall lack of commitment by campuses to

serve AB 540 studentsserve AB 540 students• Insensitivity, rudeness and demeaning Insensitivity, rudeness and demeaning

attitude attitude • Students being turned away or denied access Students being turned away or denied access

for failure to provide unnecessary for failure to provide unnecessary documentation such as a Social Security documentation such as a Social Security number, driver’s license and/or residency number, driver’s license and/or residency documentationdocumentation

Building a Support Building a Support NetworkNetwork

Campus Resources:Campus Resources:• Identify official campus representative(s) Identify official campus representative(s)

to be liaison for studentsto be liaison for students• Identify campus allies and safe zonesIdentify campus allies and safe zones• Establish student organizationsEstablish student organizations• Find community organization referralsFind community organization referrals• Seek reputable legal assistanceSeek reputable legal assistance• Create mentoring programs Create mentoring programs • Develop a book loan/bank programDevelop a book loan/bank program

Building a Support Building a Support NetworkNetwork

AB 540 students should receive:AB 540 students should receive:• Respect as students and as human beingsRespect as students and as human beings• Creative solutions and options to enrich their Creative solutions and options to enrich their

educational experienceeducational experience• Emotional support and understanding of Emotional support and understanding of

their personal challenges by the institution, their personal challenges by the institution, faculty, staff and other studentsfaculty, staff and other students

• Counseling support that is knowledgeable Counseling support that is knowledgeable about their challenges and helps to address about their challenges and helps to address their concerns/frustrationstheir concerns/frustrations

• Confidentiality and safetyConfidentiality and safety• Sensitive and culturally competent advising Sensitive and culturally competent advising

from faculty and stafffrom faculty and staff

How can you help? How can you help?

Get Involved:Get Involved:• What program, resources and ideas do What program, resources and ideas do

you have on your campus to assist AB you have on your campus to assist AB 540 students?540 students?

• What strategies have been developed What strategies have been developed to advocate for AB 540 students at to advocate for AB 540 students at your campus?your campus?

• How do AB 540 students advocate for How do AB 540 students advocate for themselves on your campus? themselves on your campus?

ResourcesResources• National Immigration Law Center - Josh BernsteinNational Immigration Law Center - Josh Bernstein

www.nilc.org

• MALDEF: Mexican American Legal Defense and Educational Fund www.maldef.org

• Coalition for Humane Immigrants Rights of Los Angeles www.chirla.org

• AB 540 Resource GuideAB 540 Resource Guide www.usc.edu/dept/chepa/pdf/AB%20540%20final.pdfwww.usc.edu/dept/chepa/pdf/AB%20540%20final.pdf

• AB 540 Online Student ResourcesAB 540 Online Student Resources www.decolonizing.com/ab540.htmwww.decolonizing.com/ab540.htm

• Educators for Fair ConsiderationEducators for Fair Consideration www.e4fc.org/educationandoutreach.htmlwww.e4fc.org/educationandoutreach.html

Scholarship ResourcesScholarship Resources• Mexican American Legal Defense and Education Mexican American Legal Defense and Education

FundFund www.maldef.org/pdf/Scholarships.pdf www.maldef.org/pdf/Scholarships.pdf

• Paying for College Student Resource GuidePaying for College Student Resource Guide www.house.gov/roybal-allard/www.house.gov/roybal-allard/

2008_Resource_Guide.pdf2008_Resource_Guide.pdf

• Latino College DollarsLatino College Dollars www.latinocollegedollars.org/directory.htm www.latinocollegedollars.org/directory.htm

• Salvadoran-American Leadership and Salvadoran-American Leadership and Educational FundEducational Fund www.salef.orgwww.salef.org

Alex Delgadillo, UC MercedAlex Delgadillo, UC Mercedadelgadillo@ucmerced.eduadelgadillo@ucmerced.edu(209) 228-4625(209) 228-4625

Monica Galvan, UC Santa CruzMonica Galvan, UC Santa Cruzmonna@ucsc.edu monna@ucsc.edu (831) 459-1778(831) 459-1778

Alfred Herrera, UCLAAlfred Herrera, UCLA aherrera@college.ucla.edu aherrera@college.ucla.edu (310) 267-4441(310) 267-4441

Questions? Contact Us…Questions? Contact Us…