opportunities for undocumented students. what is maldef? mission statement: maldef protects the...
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What is MALDEF?
Mission Statement: MALDEF protects the civil rights of Latinos living in the U.S. through advocacy, community education, and litigation in the areas of education, employment, immigrant rights, and voting rights.
Landmark Case
Plyler v. Doe (1982)
All children, regardless of immigration status, are guaranteed access to K-12 public education.
What’s Next?Without in-state tuition, many undocumented students cannot afford college.
Example: UT Austin•Resident tuition rates for one semester: $4908•Nonresident: $16,988
Why Should We Care?By 2025 there will be 1M fewer college graduates than are needed in the workforce
Who is Eligible for Texas’ In-State Tuition Law?
A student must have: • Lived with a parent or guardian while attending high school in Texas
• Graduated from a high school or received a GED in Texas
• Resided in Texas for the three years leading to graduation or receipt of a GED, and
• provided their institutions a signed affidavit indicating an intent to apply for permanent resident status as soon as able to do so.
How it Works
• Applicants use tax ID # or school-provided # on the application if the student has no SSN
• Submit an affidavit of intent
• Submit a paper TAFSA to the university financial aid office (not available online) – Café College can help walk-in students! See Resources
Texas is only one of a handful of states that allows in-state tuition for some undocumented students and makes them eligible for state aid (e.g. TEXAS Grant or the Texas Education Opportunity Grant).
What is DACA?
- The U.S. government’s decision that it won’t, at this point in time, deport someone who lacks permission to be in the country.
- It is temporary. It is not a legal status. It is not a pathway to citizenship.
- DACA recipients can apply for a work permit!
Who is Eligible for DACA?
Age Requirements
Residence Requirements
Educational Requirements
Criminal Requirements
DACA Age Requirements
A person must:
- Have arrived in the U.S. before age 16
- Have been under 31 as of June 15, 2015
- Be at least 15 to apply
DACA Continuous Residence Requirements
A person must:
- Have entered the U.S. by June 15, 2007
- Have continually resided in the U.S. for at least 5 years immediately preceding 6.15.07
- Have been present in the U.S. on 6.15.07
- Be present the day you submit the application
DACA Educational Requirements
A person must meet one of the following:
- Be currently in a K-12 school or GED program
- Have graduated/received a certificate of completion from high school
- Have obtained a GED
- Be an honorably discharged U.S. veteran
DACA Criminal Requirements
A person must:
- Have no felony conviction
- Have not been convicted of 3 or more misdemeanors (not traffic)
- Not pose a threat to national security or public safety
- Have no conviction of a “significant misdemeanor”
RED FLAGS
- Had any sustained contact with law or immigration enforcement authorities
- Were arrested or convicted of a crime as an adult
- Were arrested or convicted of a crime as a juvenile
- Are/were in deportation proceedings
- Left the country in the 5 years before 6.15.12
- Used fraudulent documents to work, enter the U.S., etc.
What about “Comprehensive Immigration Reform?”
Senate Bill 744 (which incorporates “DREAM Act” provisions) would grant a pathway to citizenship if a person:
- Entered the U.S. before 16- Completed high school and some college/military
service- Have been in a provisional status for at least 5 years- NO AGE CAP (even DREAMers in their 30s and 40s could
apply)
….but, while the bill passed the U.S. Senate, it has yet to pass the House
Steps you can take to advocate for your undocumented students
Do not ask students to
self-ID.
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Be careful with your assumptio
ns..
Support the
federal DREAM
Act.
ID private scholarship
s for DREAMers.
Be sensitive
to the plight of
DREAMers.
Be inclusive on
Career Days, etc.
Set high expectatio
ns.
Involve parents by
offering bilingual
info.
Know the law that affects your
students.
Use your communi
ty partners.
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Contact Information
Celina MorenoLegislative Staff Attorney
Mexican American Legal Defense and Educational Fund (MALDEF)