Serving Undocumented Students Presented by: Mauricio Gómez Montoya & Danielle Sullivan University of Kansas
Disclaimer We are not immigration lawyers. This session is not meant to provide legal advice. The uncertain legal landscape for undocumented students makes pursuit of higher education precarious. Our only intention for this session is to equip you with the best practices to serve undocumented students, like all students. We are all educators, and our job is to support students regardless of their background.
Objectives Participants will: Develop a basic understanding of this student population Identify institutional roadblocks that affect this population Identify and evaluate what financial aid resources are available for this student population on their specific campus
Brief Historical Context Historically, US immigration law has been inconsistent The Mayflower Ellis Island: Irish, English, German, Italian, Polish, Greek, Scottish, etc immigrants were largely unregulated (1892-1954) Chinese exclusion act (1882) Bracero program (1942) US immigration law has been linked to labor
Who is undocumented? According to the Pew Research Institute there were 11.4 undocumented immigrants in 2014. 56% Mexico, 22% Latin America, 13% Europe, 6% Canada, 3% rest of the world Kansas is home to 198,173 immigrants 6.8% of Kansans are foreign born 13.6% of Kansans are Latino or Asian 2.6% of the Kansas population, or 75,000, were undocumented immigrants in 2014 106,933 people in Kansas, including 48,640 born in the United States, lived with at least one undocumented family member between 2010 and 2014 5,900 DACA recipients in the state of Kansas as of September 2017 Sources: Pew Research Center Estimates for 2005-2014 New Americans in Kansas (2015). American Immigration Council. Washington, DC. Retrieved in May 2017 https://www.migrationpolicy.org/programs/data-hub/deferred-action-childhood-arrivals-daca-profiles Kansas Fact Sheet. American Immigration Council (October 2017)
Economic Contributors Source: New Americans in Kansas (2015). American Immigration Council. Washington, DC.
Terminology Undocumented - non-citizen living in the U.S. without authorization (valid immigration status) from the federal government Face imminent threat of detention and/or deportation Cannot obtain a legal work permit, social security number, or drivers license (in most states) Ineligible for most public benefits DACA Recipient Deferred Action for Childhood Arrivals Mixed Status family a family whose members include people with different citizenship or immigration statuses DREAMer an undocumented young person who would benefit from the passing of the DREAM act Do not use terms such as Illegal and Alien. These terms are dehumanizing.
DACA Allows Recipients to Stay in the U.S. without being deported for two years (renewable) Apply for work authorization and a SSN Apply for a driver s or professional license DACA Does Not Allow Recipients to Amnesty Pathway to citizenship Legal status Legal permanent residence (green card)
FERPA & Undocumented Students DACA and Undocumented students are protected by FERPA You are not required to report a person s migratory status. You are a mandatory reporter in issues of hazing and sexual assault You cannot be held at fault for advising undocumented students on their potential academic pathway Best Practice: Do not keep a roster of Undocumented/Dacamented students
Higher Education & Undocumented Students Admissions There is no federal law or policy that states it is unlawful to admit undocumented students State laws can be written differently. Alabama, Georgia, and South Carolina have banned undocumented students from enrollment at their public institutions Some states do not ban enrollments, but may require a student list their SSN on the admissions application (Missouri) Admission of students at private institutions is permissible nationwide In-State Tuition Kansas statute 76-731 (House Bill 2145) allows undocumented students to pay in-state tuition as long as they attended an accredited Kansas high school for three or more years, or graduated from an accredited Kansas high school. Requires student to sign an affidavit
Financial Aid & Undocumented Students Undocumented and DACA approved students do not qualify for federal or state financial aid They cannot receive federal Pell grants, TEACH grants, work-study, loans, or PLUS loans They cannot receive state of Kansas grants or scholarships through KBOR Undocumented/DACA students should not file a FAFSA, unless you utilize that FAFSA to determine eligibility for Institutional financial aid Undocumented/DACA students may be eligible for a private loan, but options will be limited Private scholarships are their best source of financial aid Institutional Private Dreamers Road Map - http://www.dreamersroadmap.com/ My Documented Life - https://mydocumentedlife.org/ Maldef - http://www.maldef.org/leadership/scholarships/
Case Studies Case Study #1 Your student has been approved for DACA Their parents are undocumented What are this student s financial aid options Would you make a referral to another office? If so, which offices? Case Study #2 Your student is a US citizen Mixed status family. One parent is undocumented and the other parent is a US citizen What are this student s financial aid options? Would you make a referral to another office? If so, which offices?
Closing Remarks & Questions What can you take back with you to your institution to support undocumented and DACAmented students?
Thank you! Mauricio Gomez Montoya Director Jayhawk Student One Stop MauricioGomez@ku.edu 785-864-1570 Danielle Sullivan Assistant Director Financial Aid & Scholarships sullivan@ku.edu 785-864-5580