Deborah Málaga, School Counselor Harding High School, SPPS deborah.malaga@spps.org 651-793-4716
Presentation Outline Norms for discussion Terminology & general information Relevant court cases & legislation Dream Act MN Colleges (good news!) Access to K-12, higher education & the world of work Financial Aid/Scholarships Video Common mental health issues Practical Examples What can I do? School Policies Questions
Terminology For the purpose of this presentation, to be documented means to qualify for federal and state financial aid. Basically, to have a MN state ID (or qualify to apply) and a valid social security number. United States citizens, legal permanent residents or eligible noncitizens are considered documented. What is the politically correct term? Illegal alien or illegal immigrant vs. undocumented immigrant or undocumented student vs. non-citizen (resident of MN)
The Basics: General Information It is estimated that approximately 65,000 undocumented students graduate from high schools across the nation every year. (CollegeBoard, 2008) In 2005 the Pew Hispanic Center estimated the number of undocumented immigrants in the U.S. to be 11 million. The same study estimated 55,000-85,000 undocumented people to be living in MN. (The Advocates for Human Rights, fact sheet) About 80,000 undocumented people turn 18 each year, but 16-20% of them do not complete high school -16,000 students! (Protopsaltis, Spiros. Undocumented Immigrant Students and Access to Higher Ed )
The Basics (cont. 1) Only 1 out of every 20 (5%) undocumented high school seniors attends college (Ibid.) Even those who do graduate from college cannot work legally in the U.S. under current immigration law. (The Advocates for Human Rights, fact sheet) Many assume that undocumented students cannot legally attend college in the United States. This is not true. There is NO federal or state law that prohibits the admission of non-citizens to U.S. colleges and universities, public or private, nor does federal or state law require students to prove citizenship in order to enroll. However, institutional policies vary. (VA, NC examples)
The Basics (cont. 2) The DREAM ACT (Development, Relief and Education for Alien Minors) Ten states have passed laws that permit undocumented students to pay in-state tuition rates under certain circumstances -Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Oklahoma and Kansas- (MN Freedom Immigrant Network) 40% of all undocumented students live in CA. (Pew Hispanic Center) Undocumented students are trapped in a legal paradox. K-12 vs. higher education (CollegeBoard)
Vocabulary US citizen: A person born in the U.S., a U.S. territory or a person who naturalized. Also, a person born abroad from at least one U.S. citizen parent. May not be deported and may petition to immigrate family members, may vote. Legal permanent resident (LPR) or green card holder: May live permanently in the U.S. LPRs may work, drive, apply for the FAFSA, and serve in the military, but cannot vote. A LPR may be deported for certain criminal convictions and may become a U.S. citizen through naturalization. Immigrant: A non-citizen who intends to live in the U.S. Non-immigrant: A non-citizen who is granted a temporary visa for a specific limited period of time, and (student, tourist, diplomat) Migrant: Any person who lives temporarily or permanently in a country where he or she was not born. Undocumented: A non-citizen who entered the U.S. without legal immigration status (a visa) or who stayed after the period they were authorized to be here. Undocumented persons do not have employment authorization and may be deported if discovered by CIS. Not eligible for federal and state financial aid, but often eligible for private scholarships.
Vocabulary (cont.) Visa: A document or stamp placed in a person s passport issued by a U.S. consulate to a non-citizen allowing that person to enter the U.S. Visas are either non- Immigrant or immigrant. Refugee: Under U.S. law, a refugee is a person who has fled his or her country of origin because of past persecution or a well-founded fear of persecution based upon race, religion, nationality, political opinion, or a membership in a particular social group. Political Asylum or Asylee: Individuals who meet the definition of refugee and who are already in the U.S or who are seeking entry may qualify regardless of country of origin and current immigration status no quotas. U.S. Citizenship and Immigration Services (USCIS): The government agency that oversees lawful immigration to the United States of America. USCIS "adjudicate" (decide upon) the petitions and applications of potential immigrants. U.S. Immigration and Customs Enforcement (ICE): United States Immigration and Customs Enforcement is a component of the Department of Homeland Security Our mission is to protect national security by enforcing our nation's customs and immigration laws.
All fueled by societal doubts about educating undocumented students, often co-existing with economic down turns. Plyer vs. Doe (1982, Supreme Court) In 1975 Texas legislature passed a law that withheld state funding for undocumented students. Tyler School District began to charge undocumented students $1,000 per year. Class action suit filed against school district on behalf of 16 undocumented children. Guarantees K-12 education for all. Section 505 of the Illegal Immigration Reform and Responsibility Act of 1996 prohibits states from giving in-state tuition to undocumented residents if they do not offer the same benefit to out-of-state citizens. (Advocates for Human Rights2006) Proposition 187 in California (early 1990s) Designed to deny illegal immigrants social services, health care and public education, passed by a slim margin, but was later overturned by a federal court DREAM ACT (Development, Relief and Education for Alien Minors) Bi-partisan legislation and a part of the current comprehensive immigration reform. Has not passed at the federal level yet and has not passed in MN. Currently enacted in different forms in ten states.
Latinos in MN Latinos in Minnesota come from many countries other than Mexico. They include Guatemala, El Salvador, Colombia, Venezuela, Ecuador, Perú, Bolivia, Chile, Argentina, Uruguay, Honduras, Nicaragua, Costa Rica, Panamá, Puerto Rico, Cuba, and the Dominican Republic. Of the more than 36 million person of Hispanic/Latino heritage that live in the United States just over 215,000 people make the state of Minnesota their home. In the North Central sector of the Midwest region, only Kansas has a larger Latino population than Minnesota. Today, Latinos comprise the largest ethnic minority group in Minnesota, positioning it among the top ten states nationally in terms of Hispanic population growth and sixth in the nation for fastest growing buying power. Source: MN Hispanic Chamber of Commerce
The DREAM ACT (see folder)
Flat Tuition Rates: MN Colleges Some public colleges and universities in Minnesota offer in-state tuition to ALL of their students, regardless of citizenship or state of residence. There is no universal policy in Minnesota dictating how tuition will be charged to undocumented students. The following public institutions charge the resident tuition rate to ALL students:
Flat Rate Tuition: MN Colleges Four Year Colleges: Bemidji State University Minnesota State University Moorhead University of Minnesota, Crookston University of Minnesota, Morris Southwest Minnesota State University: Marshall
Flat Rate Tuition: MN Colleges Metro Area Two Year Colleges: Anoka-Ramsey Community College: Cambridge and Coon Rapids Anoka Technical College: Anoka Century College: White Bear Lake Hennepin Technical College: Brooklyn Park and Eden Prairie Inver Hills Community College Minneapolis Community & Technical College * Normandale Community College North Hennepin Community College: Brooklyn Park Saint Paul College * *Graduates of Minneapolis and St. Paul high schools may also be eligible for free tuition through the Power of You program. (Get Ready Website) Greater MN 2 Year Colleges Alexandria Technical College: Alexandria Central Lakes College: Brainerd and Staples Minnesota State Community and Technical College: Fergus Falls, Moorhead, Wadena and Detroit Lakes Minnesota West College: Jackson, Granite Falls, Worthington, Pipestone, Canby Northland College: Thief River Falls and East Grand Forks Northwest Technical College: Bemidji Ridgewater College: Willmar and Hutchinson Riverland College: Austin and Albert Lea Rochester Community and Technical College: Rochester St. Cloud Technical College: St. Cloud South Central College: Mankato and Faribault
World of Work Obstacles Undocumented students who graduate from college do not receive legal permission to work in the United States upon graduation. This *greatly* impacts what counselors may perceive as motivation. In most cases, the student is indeed motivated, but understands that even with a college degree options that are readily available to others will be out of their reach. In certain cases, college educated students may qualify for work visas (highly skilled) or possibly work for a US company abroad. Some students decide to pursue graduate studies while they wait for comprehensive immigration reform and/or the Dream Act to pass.
Financial Aid and Scholarships
Suggestions Create a binder or something similar to organize specific scholarships that are open to ALL students. Make sure your students are aware of this resource. Contact scholarship funders, donors and sponsors to inquire and advocate for undocumented students (annually). Focus on local and/or based out of your school site. Communicate regularly with admissions and financial aid representatives on behalf of specific students.
What if the student is a US citizen and the parent(s) are not? 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 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 if 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 they should use 000-00-0000 as their social security number on the FAFSA form.
Loans Federal student loans, such as the Stafford Loan program, are not available to undocumented students. Minnesota offers a loan program called the SELF Loan Program, which is available to citizens and non-citizens alike. A separate application is used to apply for the SELF Loan, available through the college's financial aid office. A qualified borrower who is undocumented must have a credit-worthy cosigner who is a U.S. citizen. For more information on the SELF Loan Program, visit www.selfloan.org
Dream Act Portal Dreamies http://dreamact.info Welcome to DREAM Act Portal...the largest community of undocumented students *discussion board *updated information about the Dream Act *helpful information about who qualifies *student led, empowering (Tuition Answer Loan and Signature Student Loan with SallieMae, must have a U.S. citizen or LPR co-signer.) www.salliemae.com
Common Mental Health Issues Anxiety Paranoia Depression Isolation Confusion in Identity Development
Video: New York Times (July, 2009) NY Times: A family divided by two words: legal and illegal
Things to Remember We will not always know the status of our students, and it can change. Siblings may differ as there are many mixed-status families. We do not need to know in order to provide accurate information about both scenarios in class, group and individual settings. How do I ask and when? Never use a fake social security number, leave it blank and when asked for immigration status check other. Ok to mark that one is a resident of MN, confusing when it asks if one is a legal resident of MN. Never try to pass as a US citizen or legal resident if it is not true.
What Can I Do? Overtly state your support and interest to learn more. Post information in your office. Understand that students may be scared or nervous. If possible, wait for them to self-disclose. Overtly state that school and educators at all levels do not report immigration status to authorities, when appropriate. Do not ignore the topic and hope it goes away. Network actively with college counselors and scholarship reps about this issue. Do not talk about it in public with a student, even if the student is among friends. Post resources in your office and speak openly about all options in class guidance, group settings and individual sessions Make sure counselors on your team and other support staff are aware and try to work with a common approach Offer specific scholarships to students at beginning of year and make sure that financial aid nights you sponsor are relevant. Support the Dream Act (state and federal)
What Can I do? (cont.) Take advantage of post-secondary options such as PSEO, College in the Schools (CIS), Advanced Placement (AP) and International Baccalaureate (IB). Students qualify under the K-12 law (Plyer vs. Doe). Talk to 9 th and 10 th graders about these options so that they understand that they could qualify for these options and that their GPA matters! These programs are a great topic for 9 th grade parent meetings. Be extremely explicit about forms that ask for a social security number, but not do actually require it. For example, school lunch forms, ACT registration, college applications, PSEO applications, etc. Students need to hear from us that the social security number is on the application, but NOT required. Certain college access programs require students to be permanent residents or US citizens while others do not. Network with the college access programs in your school to make appropriate referrals.
Questions? deborah.malaga@spps.org 651-793-4716