Undocumented Students: Who Are They? and What Can I Do?

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1 From the SelectedWorks of Ohio College Access Network December, 2012 Undocumented Students: Who Are They? and What Can I Do? Merchel Menefield, Otterbein University Victor Ruiz Available at:

2 Undocumented Students: Who Are They And What Can I Do?

3 The Definition of an Undocumented Student An undocumented student is a foreign national who: 1. Entered the United States without inspection or with fraudulent documents; or 2. Entered legally as a nonimmigrant but then violated the terms of his or her status and remained in the United States without authorization (as defined by the National Immigration Law Center). In other words: Foreign-born people who: 1. Have entered the US without a visa 2. Have overstayed their visas 3. Are in the process of acquiring legal status and are authorized to stay in the United States but do not yet have permanent residency.

6 The Undocumented Population* 11.5 to 12 million Undocumented immigrants of all ages living in the United States 1.8 million Undocumented children under the age of 18 living in the United States 65,000 Undocumented students graduate each year from high school in the United States 7,000 13,000 Undocumented students are enrolled in college throughout the United States (about 5,000 in California) *Pew Hispanic Center and the Urban Institute.

7 Federal Legislation Effecting Undocumented Students Plyler vs. Doe - In 1982, this Supreme Court ruling determined that a K-12 education is a fundamental and protected right and will be provided to all children in the United States, regardless of citizenship or residency status. Family Educational and Privacy Act (FERPA) This federal law protects the privacy of student records at educational institutions, including elementary and secondary schools, colleges, and universities.

8 Development, Relief and Education for Alien Minors DREAM Act The DREAM Act is designed to allow undocumented immigrant youth who were brought to the country years ago as children to obtain legal permanent resident status if they remain in school through high school graduation and go on to college or military service. It was first introduced in 2001 and reintroduced in The current version of the DREAM Act would permit students to obtain legal permanent resident status if they satisfy the following conditions: (1) They entered the United States at the age of 16 or younger; (2) They have been continuously present in the country for at least five years prior to the bill s enactment; (3) They have obtained a high school diploma or its equivalent from a US high school; (4) They can demonstrate good moral character; (5) Have committed no crimes that would make them inadmissible to the country. Undocumented students who satisfy these conditions would be able to apply for a six-year conditional legal permanent status that would allow them to work, go to college and/or join the military. If, within this six-year period, the DREAM Act beneficiaries complete at least two years toward a four-year college degree, graduate from a two-year college or serve at least two years in the U.S. armed forces, they would be able to change their conditional status to permanent and would become eligible to apply for U.S. citizenship.

9 Deferred Action Effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis: Came to the United States under the age of sixteen; Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum; Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; Are not above the age of thirty.

11 Financial Aid Eligibility 1. To qualify, you must be a U.S. citizen, U.S. national or an eligible non-citizen. You are an eligible non-citizen if you: are a U.S. permanent resident with an Alien Registration Card (I-551) are a conditional permanent resident with an I-551C card have an Arrival Departure Record (I-94) from the Department of Homeland Security with any of the following designations: a refugee, asylum granted, a parolee, a Cuban-Haitian entrant, a victim of human trafficking or a holder of T-Visa. 2. If the student is a US Citizen but one or more parents are undocumented, the student is eligible for federal student aid. However, if the parents supply a fake or stolen social security number (SSN) on the form, the student's FAFSA will be rejected when the parent's social security number fails to match. The FAFSA may also be rejected when the parents submit a SSN or Taxpayer Identification Number (TIN) that is valid for work purposes only. If the parents do not have a social security number or the social security number fails the match, they should use as their social security number on the FAFSA form.

14 Funding a college education 1. Go the private school route: Private colleges can often provide undocumented students with more funds than public colleges and universities. Contact private schools individually to find out about their policies for undocumented students. 2. Scholarships: Scholarships are the most common way that undocumented students pay for college. Please be aware that many scholarships are open only to US Citizens and Legal Permanent Residents. 3. Loans: Undocumented students may be able to get a traditional student loan if a U.S. citizens co-signs for the loan. 4. Private Citizens

15 Advice for Undocumented Students 1. They do not have to reveal their immigration status when filling out admissions or financial aid applications. 2. Don t lie about citizenship. Undocumented students who are caught lying about their citizenship will likely have their admissions acceptances revoked. 3. Unless they have residency paperwork in process, do not submit an electronic Free Application for Federal Student Aid (FAFSA) application to the U.S. Department of Education. This information can be shared with immigration services and may lead to deportation. 4. Students in the process of obtaining legal residency, may be eligible for financial assistance. Please check with the financial aid counselor.

16 Scholarships & Financial Aid: Educators for Fair Consideration: MALDEF: Latino College Dollars: Scholarships for Hispanics: Reports and Publications: Young Lives on Hold: Repository of Resources: Undocumented-Students_2012.pdf

17 Victor A. Ruiz Executive Director Esperanza, Inc

IMMIGRANT YOUTH AND MIXED IMMIGRATION STATUS:

IMMIGRANT YOUTH AND MIXED IMMIGRATION STATUS: Implications and Access to Higher Education in Ohio Luis Fernando Macías Doctoral Candidate Multicultural and Equity Studies in Education L.A.S.E.R In Residence