Helping Undocumented StudentsFind a Path to Higher Education

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Helping Undocumented Students1

For our nation to retain its global competitiveness in

the 21st century and beyond, more people in the U.S.

must complete some form of postsecondary education

beyond high school. By 2020, 65 percent of all jobs

in the economy will require postsecondary education

and training.1 We must foster and promote higher

education, be it a 4-year, 2-year or certificate program, to

not just the middle and upper classes already groomed

to pursue college, but also to the children of the millions

of immigrants with no ties to, or familiarity with, our higher

education system. These children, many of whom have

known no other home than the U.S. their entire lives,

deserve the chance to pursue an education that will

propel them up the economic ladder, as well as enable

them to be significant contributors to our communities

and economy in the years ahead.

Yet the road to higher education for undocumented

students today is rocky. Ineligible for federal student aid,

undocumented students must rely on individual, variable

state and institutional financial aid policies to help pay

for their college dreams. Additionally, the immigration

policy Deferred Action for Childhood Arrivals, which

allowed certain individuals who arrived in the U.S. as

children to receive an exemption on deportation for

a two-year period, has been ended by the current

presidential administration. The Trump administration has

given Congress until March 2018 to reform or reinstate

the program before any individuals currently protected

will lose their ability to study, work and live in the US

without threat of deportation. It is therefore crucial that

advocates for undocumented students – guidance

counselors, educators, college access professionals,

immigration legal service providers and others –

thoroughly understand the higher education landscape

for these students, so they can advise on the best college

admissions and financial aid strategies.

Overview

The NumbersToday, there are:

• More than 43 million immigrants living in the United States and their share of the total U.S.

population is currently larger than at any time since 1920.

• 11 million undocumented immigrants.

• 1.5 million undocumented children under the age of 18.

• 65,000 undocumented students who have lived in the United States for five or more years

graduating from high school each year.

• 7,000 – 13,000 undocumented students enrolled in college nationwide.

Sources: “Frequently Requested Statistics on Immigrants and Immigration in the United States,” Migration Policy Institute, http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states#Unauthorized

“College Advising Guide for Undocumented Students,” Illinois Association for College Admission Counseling, https://www.iacac.org/undocumented/

Helping Undocumented Students 2

Documented students are generally eligible for federal financial aid, but there are some documented statuses that are NOT:

• Family unity status

• Temporary residents

• Non-immigrant visas, such as work, students, tourists, and foreign government officials.

• TPS (Temporary Protective Status), even if holding an employment authorization card

• DACA (Deferred Action for Childhood Arrivals), even if holding an employment authorization card

For further information on specific status concerns, consult Volume 1, Chapter 2 of the Federal Student Aid Handbook.

College Admissions and Tuition PoliciesThere is no federal law that prohibits the admission of undocumented immigrants to U.S. colleges. Further, there are no federal or state laws that require students to prove citizenship in order to enter private institutions of

higher education. However, there are a handful of states that bar undocumented students from attending public colleges and universities. Additionally, some institutions have differing policies. Students should check with the admissions office of each institution they’re considering.

But while most states allow undocumented students to enroll in college, some prohibit them from receiving in-state resident tuition rates at public higher education institutions. In Massachusetts, for example DACA beneficiaries are eligible for in-state tuition at the state’s 29 public campuses.

Documented vs. Undocumented

DOCUMENTED• U.S. citizens or nationals

• U.S. permanent residents (hold permanent resident cards I-551, I-151, or I-551c)

• Eligible non-citizens, who have been given an I-94 (Arrival-Departure Record) by the Department of Homeland Security:

― Persons granted asylum and refugees

― Persons paroled into the U.S. for at least one year

― Battered immigrants, qualified aliens and their designated children

― Conditional entrants, Cuban-Haitian entrants, or victims of human trafficking awarded a T-Visa

UNDOCUMENTED

• Entered the U.S. without inspection or with fraudulent documents; or

• Entered legally but then violated the terms of status and remained in the country without authorization.

The first step in assisting the children of immigrants to plan for college is assessing whether or not they are “documented.”IMPORTANT: Please note that this guide is intended to provide a general overview of the higher education landscape applicable to undocumented students and is not intended to be relied on for purposes of determining a person’s immigration status. American Student Assistance is not a legal services provider and we recommend consulting with a legal services provider to determine an individual’s immigration status. Also, please note that a student or family must self-disclose their status before practitioners can assist them. Practitioners CANNOT proactively ask about immigration statuses.

For a breakdown of current state laws and policies on access to higher education for immigrants, visit the

National Immigration Law Center

https://www.nilc.org/issues/education/eduaccesstoolkit/eduaccesstoolkit2/#maps

Helping Undocumented Students3

Financial AidUndocumented students are not eligible for federal financial aid, including loans, grants, scholarships or work-study money. State aid is typically not available except in a handful of states, but individual institutional aid may be available. Policies vary from school to school; some may give students merit awards. Some outside private scholarships may also be available. Students should check with the college for additional sources of financial aid.

To be eligible for institutional aid, undocumented students may file the Free Application for Federal Student Aid and/or the CSS Profile:

FAFSAFor institutional aid and private scholarships. Only students with an SSN (DACA and TPS) may apply. If a student filling out FAFSA has one or two undocumented parents, the parent(s) can insert 000-00-0000 in lieu of an SSN.

CSS PROFILE For institutional aid only. All students may apply. Encourage your students to be honest about their status in the “Explanation/Special Circumstances Section.” Colleges are prohibited from releasing information unless under court order.

College Planning Strategies for Undocumented Students in High SchoolWith fewer financial aid options available, undocumented students may often find college financially out of reach. Advisors can help these students to explore all strategies to minimize overall costs, such as:• Certificate programs

• Attending a community college for the first two years and transferring to a 4-year college. Remind students to check credit transfer policies BEFORE heading down this path.

• Dual enrollment programs that allow students to earn college credit during high school.

• Earning college credit by performing well on Advanced Placement and/or College-Level Examination Programs.

• Applying for institutional scholarships. Students should be encouraged to connect with someone in the Admissions or Financial Aid office who works with Multi-Cultural Students or International Students to ask about scholarship opportunities.

Legal Rights and Options for Undocumented Students: DACA VS. DREAMThe Development, Relief, and Education for Alien Minors (DREAM Act) and Deferred Action for Childhood Arrivals (DACA) are often confused but are not the same thing.

DACA:

• Enacted in 2012 as an Executive Action under President Obama, this immigration policy has been ended by the Trump administration. No new DACA applications are being accepted.

• Prior to its termination, this immigration policy was a temporary reprieve from deportation, not a path to legal citizenship. It allowed certain undocumented immigrants who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation.

• Anyone currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5, 2017.

DREAM Act:

• Federal legislation that would allow undocumented immigrants who meet certain requirements to go to college and have a path to citizenship.

• With DACA ended, it is up to Congress to come up with a legislative solution. While the Dream Act did not pass Congress in 2010, several new proposals have been put forward, including the Bridge Act, a bipartisan bill that would extend DACA protections for three years to give Congress time to enact permanent legislation.

• Federal legislation has not passed, but several states have passed their own “tuition equity” laws using the DREAM name.

Helping Undocumented Students 4

General Advice for Advocates of Undocumented Students

• Words matter: Create safe and accepting spaces to build trust. Once the student feels safe with the provider, advocacy can take place.

• Don’t make assumptions: Self disclosing is taxing and difficult on the student. And remember, you can’t ask them about their legal status; the student or family must self-disclose.

• Legal screenings can help: Encourage students and their families to get screened for other immigration options, via a reputable immigration clinic or non-profit legal service providers. Some students or their family may be eligible for Special Immigrant Juvenile Status or the Violence Against Women Act.

• Empathy: Providers need to develop this important skill to better serve this specific target population. Many DACA students come from difficult situations and face multiple barriers to enrolling in postsecondary education.

• Cultural competency: Key component to building trust and showing that a provider respects the background of the consumer.

• Partnership/collaboration: Seek out partnerships with other organizations within your community that specialize in different services for immigrants.

• Protect their information: Given the tumultuous political climate, it’s important to have systems in place to protects students’ personal information.

Scholarships for Undocumented Students

MALDEF http://www.maldef.org/leadership/scholarships/index.html

Latino College Dollars www.latinocollegedollars.org

College Green Light http://blog.collegegreenlight.com/blog/category/undocumented-students

Scholarships for Hispanics www.scholarshipsforhispanics.org

Genesco Migrant Center www.migrant.net

Mexican Scholarship Fund http://mexicanscholarshipfund.org/

La Plaza Scholarship and Fin. Aid Guide http://www.laplaza-indy.org/egov/docs/1315851068_685729.pdf

Sociedad Amigos de Colombia (Indiana) http://sadco.org/sadco-scholarship-program

Salvadoran Scholarship Fund www.salef.org

Educators for Fair Consideration http://www.e4fc.org/resources/scholarshiplists.html

Act on a Dream at Harvard College http://www.actonadream.org/resources/scholarships/

1000Degrees http://www.10000degrees.org/students/scholarships/undocumented-students/

1. “Recovery: Job Growth and Education Requirements Through 2020,” Center on Education and the Workforce, Georgetown Public Policy Institute, Georgetown University, https://cew.georgetown.edu/wp-content/uploads/2014/11/Recovery2020.ES_.Web_.pdf

6Financial and Banking Habits of Millennials

AboutAmerican Student Assistance’s College Planning Services

Our College Planning Services help any Massachusetts

resident achieve their educational goals in a financially

responsible way. Through our community walk-in centers and

programs in K-12 schools throughout greater Boston, we provide

free in-person guidance and support on planning and paying for

education beyond high school.

Resources

Educators for Fair Consideration www.e4fc.org

Catholic Legal Immigration Network https://cliniclegal.org/presidentialtransition

The College Board http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students

The National Immigration Law Center https://www.nilc.org

Local Immigrant and Refugee Coalitions: They may offer FREE legal aid and immigration clinics. Boston area: MIRA Coalition

U.S. Dept. of Education: Supporting Undocumented Youth Resource Guide

http://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf

United We Dream http://unitedwedream.org

The local MA Student Immigrant movement (SIM) http://www.simforus.com/

We wish to thank Andrea Navarro and Jodi Then, formerly with the American Student Assistance College Planning Centers, for their contributions to this guide. Their dedication to helping students from all walks of life find a path to higher education will never be forgotten!

American Student Assistance, ASA, Salt, “Education Unlocked. Dreams Unlimited.”, Delta-A, and corresponding logos are registered trademarks of American Student Assistance. ©2017 American Student Assistance. All rights reserved.

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