Best Practices for Working with

Undocumented and DACA-mented Students

Ellen Badger, Retired, Binghamton University-SUNYAlan Sabal, City College of New York -CUNY Meng So, UC BerkeleyDan Siefken, University of Texas at Austin

NAFSA Annual ConferenceBoston, Massachusetts - May 29, 2015

Introductions & Audience Poll

˃ Introducing our speakers

˃ Knowing our audience

What comes to mind when you hear the word undocumented? What comes to mind when you hear the word illegal? Images, words, memories, etc…

Community Conversation

Definitions

» Who is an international student? Any person in a valid non-immigrant status that permits study.

» Who is an undocumented student?A foreign national residing in the U.S. without legal immigration status. It includes persons who entered the U.S. without inspection and proper permission from the U.S. government, and those who entered with a legal status that is no longer valid.

» Who is a DACA-mented student?An immigrant youth who has obtained benefits under the Deferred Action for Childhood Arrivals program (work authorization and deferred action from removal) that was established by Executive Action on June 15, 2012. These benefits do not provide a lawful status.

» Who is a DAPA-mented student?Any parent of a U.S. citizen or Legal Permanent Resident who has obtained benefits under the Deferred Action for Parents of Americans and Lawful Permanent Residents program (work authorization and deferred action from removal). These benefits do not provide a lawful status. (Not yet implemented; currently under judicial review)

Definitions Continued

Defining the Issue

There are over 11 million undocumented immigrants in the U.S. For the overwhelming majority of those, higher education has been out of reach. But with Obama’s new immigration programs/reforms, this has the potential to change.

Let’s Define the Issue…

» Undocumented immigrants: 11.7 million» Undocumented children under the age of 18 living in

the U.S.: 1.1 million» Undocumented students who have lived in the U.S.

for five or more years graduating from high school each year: 65,000

» Undocumented students enrolled in college throughout the U.S.: 7,000 – 13,000

Some Numbers (Estimates)

http://www.e4fc.org/images/Fact_Sheet.pdfNational Immigration Law Center

• Last comprehensive federal immigration reform in the U.S. was IRCA (Immigration Reform & Control Act of 1986) under the Reagan administration

• With nearly a three decade absence of federal reforms, States have taken immigration into their own hands

• President Obama has acted alone, putting forward two different prosecutorial discretion programs in 2012 and 2014

• Comprehensive immigration reform legislation was passed by the Senate in 2013, but was never brought before the House of Representatives for a vote.

(Lack of) Immigration Reform

• Federal DREAM Act: A proposal that will lead to legal status for undocumented youth who entered the U.S. before the age of 16, have good conduct, other requirements

• State DREAM Acts: Vary by state, do not give lawful status, but can allow undocumented students access to in-state tuition, financial aid and/or other benefits

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

» June 25, 2012: The Secretary of Homeland Security memorandum announced DACA

» NOT the DREAM Act, NOT an executive order, NOT amnesty

» DOES NOT lead to legal permanent status» DOES offer deferred action from deportation and

work authorization.

Original DACA (Deferred Action for Childhood Arrivals)

» Number of individuals eligible for DACA: 900,000

» Number of individuals approved for DACA: 552,918

DACA by the Numbers

Source: National Immigration Law Policy

• Only 55% of eligible DACA applications applied• Potential reasons include:

– Financial costs– Fear of self and/or family identification to government– Lack of information/understanding about program– Temporary nature of program

Migration Policy Institute, 2014

Reasons for not Applying

» On November 2014 President Obama expanded DACA to cover 290,000 more people, bringing its potential impact to 1.5 million˃ Elimination of the age ceiling (had to be under 31 before)˃ Year of residing is U.S. moved to January 1, 2010 eligible. (was June

15, 2007)˃ DACA will be for a period of three years (instead of two)

Expanded DACA Changes

» Come to U.S. before 16 years of age» Continuously lived in U.S. since 1/1/10» Present in U.S. 11/20/14» Graduated high school, obtained GED, or “in

school” at time of application» No felony offenses» Pass background check

For more details go to: http://nilc.org/FAQdeferredactionyouth.html

Expanded DACA Criteria

» Each state provides different benefits for those who obtain DACA

» States that allow DACA recipients to obtain a driver’s license are: AL, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WY

» States that deny driver’s licenses: NE» Health insurance: None

DACA Benefits

» Traveling abroad – with advance parole/permission from DHS

» Reasons for travel include:˃ Educational – study abroad, research˃ Employment – overseas assignment, interview, conferences˃ Humanitarian – Visit ailing relative, attend funeral, receive medical

treatment

Another Significant Benefit

» New program announced November 20, 2014» Part of Obama’s plan to keep families together

(unification, not separation)» Application still not available – may begin in

May/June, 2015 » $465 application fee

Accountability (DAPA)

*DAPA is currently under judicial review and has not yet been implemented.

» have a U.S. citizen or LPR child as of 11/20/14» continuous residency in the US since 1/1/10 » no lawful immigration status » not an enforcement priority, (i.e. criminal

convictions, including certain misdemeanors) » pass a background check

DAPA Criteria

» Granted for 3 years» Stay from deportation» Worker authorization» Other benefits that may be granted based on state of

residency--------------------» DAPA does NOT

– Include federal public benefits: federal financial aid, food stamps, and housing subsidies

– lead to a change in status or citizenship

DAPA Benefits

Migration Policy Institute, 2014

Potential Impact by the Numbers

Student

Institutional

State & National

Framework

Access & transition

Summer Bridge/ Academic

Counseling

Financial Aid Inequity

Emergency Grants + Lending

Library

Socio-Emotional Mental Health

Mental Health Counselor

Fluid Legal Status

Legal Support

Campus Climate

Undocu-Ally + Resource Center

Employment Advising

• Eligible for employment with DACA– Can get Social Security Number– No restrictions on nature of work or hours

• On Campus Employment– Institutional work study or on campus employment,

not Federal work study • How to talk to employers

Support

Membership and Citizenship

• - Inclusion and belonging

- - Assimilation- - Ethnic

Consciousness

Civic Engagement• - Political

Socialization• - Social Capital

becomes Civic engagement

• - Self-agency

Financial Contribution

• - Revenue and consumer spending

• - Increased Job pool• - Decreased social

services

Why Support?

Higher Education Access

• K-12 public education available to all students (Plyler Vs. Doe, 1982)

• Federal law does not prohibit states from providing in-state tuition or from enrolling undocumented students in public education institutions

• Equity as every educators responsibility

Source: http://www.nasfaa.org

» Public Universities: Each state has its own policies about: ˃ Whether undocumented students can be admitted˃ If they pay in-state tuition˃ If they qualify for state financial aid/public scholarship

» Private Universities: Each school has its own approach about:˃ Whether undocumented students can be admitted˃ If they qualify for private scholarships

State-by-State, School-by-School

19 states allow undocumented students who have attended and graduated high school in that state to pay in-state tuition: California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Mexico, New Jersey, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, & Washington

For more information on tuition by state go to:http://www.ncsl.org/research/education/undocumented-student-

tuition-state-action.aspx

In-State Tuition

Financial Aid

• No Federal aid. State and institutional aid only ˃ No Federal Pell Grant, Federal Work-Study, Federal Subsidized/Unsubsidized/PLUS or Perkins

Loan

• Scholarships˃ Eligible for any scholarships that do not specifically require a U.S. citizenship, which is

ultimately determined by the donor• Individual universities determine undocumented/DACAmented student

eligibility• Up to the student to research to see if they qualify for specific awards.• Maldef.org – Created a scholarship resource specifically for undocumented

students• high schools, companies, counties, schools, departments, private donors, etc.

• Loans˃ Federal Loans – no eligibility˃ State Loans – limited eligibility˃ Private Loans – limited eligibility “US Citizenship”

» NYU: For 2015-16 year, undocumented students may apply for NYU scholarship funds– NYU Dream Team challenged the university to do better– School initiated a pilot program – Students will only be eligible for private funds (as of 1/21/15 NYS does

not offer state funding to undocumented students)

http://www.nyu.edu/admissions/financial-aid-and-scholarships/undocumented.html

Private Colleges Responses

» Harvard President Faust said undocumented students have “full access” to aid at a school with full undergraduate charges of $58,607. “Our financial aid policy is passport-blind,” she said.

Washington Post, 2014

Private Colleges Responses Cont.

» Pomona College’s Statement of Welcome:» “We seek to establish a diverse community of

individuals who are intellectually talented, eager, and passionate,” the private liberal arts college said. “The college fully reviews undocumented and DACA-status students who graduate from a U.S. high school for both admission and for every type of private financial aid the college offers.” The 1,600-student college charges $60,532 for tuition, fees, room and board.

Washington Post, 2014

Private Colleges Responses Cont.

What NOT To Say What TO SayGoing to college isn’t really an option for you. Going to college is going to be difficult for you, but it is

possible. Thousands of other talented, hard-working undocumented students have already graduated from college.

You’re not going to be able to get any money for college.

You are not eligible for most forms of government financial aid. However, you might be eligible for in-state tuition, and there are some private scholarships you can apply for.

Why don’t you just legalize? Have you talked to an immigration attorney to find out if you can legalize? There may be immigration remedies that you and your family don’t know already.

Even if you get a college degree, you’re never going to be able to use it.

Getting a college degree isn’t going to change your immigration status, but it will open many opportunities for you once you are able to legalize. If you are eligible and approved for Deferred Action, which is a change to immigration policy, you might be able to get your work permit and use your degree. There is also the DREAM Act, a proposed legislation that if passed will give undocumented youth a path to citizenship, something that Deferred Action does not grant.

Adapted from Katherine Gin (2010). Undocumented Students- Special Issue, Journal of College Admission, (206), pg 12.

When a Student Discloses…

What NOT To Say What TO SayWhy don’t you go back home and get a degree? If you have family and connections in another country

outside the United States, you might consider pursuing educational opportunities elsewhere. Remember, however, that you would be separated from your family in the US, and you could be barred from returning for 10 years.

In order to apply for college, you are going to have to reveal everything.

In order to apply to college, you’re going to have to be honest about your immigration status. At first this may seem scary to you and your family. Remember that federal law (specifically FERPA) will protect your privacy and prevent colleges from releasing your information unless under court order.

College tuition is beyond what you can afford. Paying for college might be a challenge since you are not eligible for state or federal aid. However, in New York we have in-state tuition that allows undocumented youth to pay the state resident tuition rate if you have graduated from a NY high school or have obtained your GED. There are also some scholarships and fellowships opened for undocumented youth that you may be eligible for.

Adapted from Katherine Gin (2010). Undocumented Students- Special Issue, Journal of College Admission, (206), pg 12.

When a Student Discloses…

Advising Considerations

• Major and professional options– Have options, resources, and work arounds in place

to assist students• Financial considerations• Reluctance to disclose status/other

circumstances• Reluctance to interact with officials• Failure to self-advocate (I don’t have any rights)

Contact Information

Ellen H. Badger ebadger@binghamton.edu

Alan Sabal asabal@ccny.cuny.edu

Meng So someng@berkeley.edu

Dan Siefken dsiefken@austin.utexas.edu

Questions

Your Questions

» Admissions- Be aware of requirements» Financial Aid- Be aware of tuition fees and possible

programs and scholarships » Student ID Office- Staff should be informed about

different types of acceptable identification» Changing ID numbers (esp. for students with DACA)» Inform people through film screening, panels (ex.

DACA & DAPA sessions), informative posters, etc.

College-Wide Support and Information

» Educators for Fair Consideration (E4FC): http://www.e4fc.org

» United We Dream: http://unitedwedream.org» National Immigration Law Center:

http://www.nilc.org» DREAM Activist: http://www.dreamactivist.org» Atlas DIY: http://www.atlasdiy.org» NYSYLC: http://www.nysylc.org

Resources: Organizations

• Immigration: The Ultimate Teen Guide (Scarecrow, 2012)

• Americans by Heart (Teachers College Press, 2011)

• Underground Undergrads (UCLA, 2009)

Resources: Books

• Documented (2013)• Living Undocumented (2012)• A Better Life (2011)• Papers the Movie (2009)• Sin Nombre (2009)• El Norte (1983)

Resources: Videos

» Obama’s immigration programs may impact about half of the undocumented immigrants in the U.S.

» Colleges should be informed about these programs and support students in applying for them

» Legal and economic resources are critical» Information about being an undocumented student

should be readily available» Informed and sensitive advising matters

5 Take-Aways From Today

To access the film & accompanying resource guide:www.LivingUndocumented.com

Thanks to Prof. Tatyana Klyen, CCNY and the CCNY Dream Team

LivingUndocumented