NAFSA Annual Conference Boston, Massachusetts - May 29, 2015 Best Practices for Working with Undocumented and DACA-mented Students Ellen Badger , Retired, Binghamton University-SUNY Alan Sabal , City College of New York -CUNY Meng So , UC Berkeley Dan Siefken , University of Texas at Austin
Introductions & Audience Poll ˃ Introducing our speakers ˃ Knowing our audience
Community Conversation What comes to mind when you hear the word undocumented? What comes to mind when you hear the word illegal? Images, words, memories, etc…
Definitions » Who is an international student ? Any person in a valid non-immigrant status that permits study. » Who is an undocumented student? A foreign national residing in the U.S. without legal immigration status. It includes persons who entered the U.S. without inspection and proper permission from the U.S. government, and those who entered with a legal status that is no longer valid.
Definitions Continued » Who is a DACA-mented student? An immigrant youth who has obtained benefits under the Deferred Action for Childhood Arrivals program (work authorization and deferred action from removal) that was established by Executive Action on June 15, 2012. These benefits do not provide a lawful status. » Who is a DAPA-mented student ? Any parent of a U.S. citizen or Legal Permanent Resident who has obtained benefits under the Deferred Action for Parents of Americans and Lawful Permanent Residents program (work authorization and deferred action from removal). These benefits do not provide a lawful status. (Not yet implemented; currently under judicial review)
Defining the Issue Let’s Define the Issue… There are over 11 million undocumented immigrants in the U.S. For the overwhelming majority of those, higher education has been out of reach. But with Obama’s new immigration programs/reforms, this has the potential to change.
Some Numbers (Estimates) » Undocumented immigrants: 11.7 million » Undocumented children under the age of 18 living in the U.S.: 1.1 million » Undocumented students who have lived in the U.S. for five or more years graduating from high school each year: 65,000 » Undocumented students enrolled in college throughout the U.S.: 7,000 – 13,000 http://www.e4fc.org/images/Fact_Sheet.pdf National Immigration Law Center
(Lack of) Immigration Reform • Last comprehensive federal immigration reform in the U.S. was IRCA (Immigration Reform & Control Act of 1986) under the Reagan administration • With nearly a three decade absence of federal reforms, States have taken immigration into their own hands • President Obama has acted alone, putting forward two different prosecutorial discretion programs in 2012 and 2014 • Comprehensive immigration reform legislation was passed by the Senate in 2013, but was never brought before the House of Representatives for a vote.
DREAM Act (Development, Relief, and Education for Alien Minors) • Federal DREAM Act : A proposal that will lead to legal status for undocumented youth who entered the U.S. before the age of 16, have good conduct, other requirements • State DREAM Acts : Vary by state, do not give lawful status, but can allow undocumented students access to in-state tuition, financial aid and/or other benefits
Original DACA (Deferred Action for Childhood Arrivals) » June 25, 2012: The Secretary of Homeland Security memorandum announced DACA » NOT the DREAM Act, NOT an executive order, NOT amnesty » DOES NOT lead to legal permanent status » DOES offer deferred action from deportation and work authorization.
DACA by the Numbers » Number of individuals eligible for DACA: 900,000 » Number of individuals approved for DACA: 552,918 Source: National Immigration Law Policy
Reasons for not Applying • Only 55% of eligible DACA applications applied • Potential reasons include: – Financial costs – Fear of self and/or family identification to government – Lack of information/understanding about program – Temporary nature of program Migration Policy Institute, 2014
Expanded DACA Changes » On November 2014 President Obama expanded DACA to cover 290,000 more people, bringing its potential impact to 1.5 million ˃ Elimination of the age ceiling (had to be under 31 before) ˃ Year of residing is U.S. moved to January 1, 2010 eligible. (was June 15, 2007) ˃ DACA will be for a period of three years (instead of two)
Expanded DACA Criteria » Come to U.S. before 16 years of age » Continuously lived in U.S. since 1/1/10 » Present in U.S. 11/20/14 » Graduated high school, obtained GED, or “in school” at time of application » No felony offenses » Pass background check For more details go to: http://nilc.org/FAQdeferredactionyouth.html
DACA Benefits » Each state provides different benefits for those who obtain DACA » States that allow DACA recipients to obtain a driver’s license are: AL, AZ , AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, WY » States that deny driver’s licenses: NE » Health insurance: None
Another Significant Benefit » Traveling abroad – with advance parole/permission from DHS » Reasons for travel include: ˃ Educational – study abroad , research ˃ Employment – overseas assignment, interview, conferences ˃ Humanitarian – Visit ailing relative, attend funeral, receive medical treatment
Accountability (DAPA) » New program announced November 20, 2014 » Part of Obama’s plan to keep families together (unification, not separation) » Application still not available – may begin in May/June, 2015 » $465 application fee *DAPA is currently under judicial review and has not yet been implemented.
DAPA Criteria » have a U.S. citizen or LPR child as of 11/20/14 » continuous residency in the US since 1/1/10 » no lawful immigration status » not an enforcement priority, (i.e. criminal convictions, including certain misdemeanors) » pass a background check
DAPA Benefits » Granted for 3 years » Stay from deportation » Worker authorization » Other benefits that may be granted based on state of residency -------------------- » DAPA does NOT – Include federal public benefits: federal financial aid, food stamps, and housing subsidies – lead to a change in status or citizenship
Potential Impact by the Numbers Migration Policy Institute, 2014
Framework State & National Institutional Student
Access & transition Summer Bridge/ Academic Counseling Campus Financial Aid Climate Inequity Undocu-Ally + Emergency Resource Center Grants + Lending Library Fluid Legal Socio-Emotional Status Mental Health Legal Support Mental Health Counselor
Employment Advising • Eligible for employment with DACA – Can get Social Security Number – No restrictions on nature of work or hours • On Campus Employment – Institutional work study or on campus employment, not Federal work study • How to talk to employers
Support
Why Support? Membership and Civic Engagement Financial Citizenship Contribution - Political • Socialization - Revenue and - Inclusion and • • consumer spending belonging - Social Capital • becomes Civic - Increased Job pool - Assimilation • - engagement - Decreased social - Ethnic • - - Self-agency services Consciousness •
Higher Education Access • K-12 public education available to all students ( Plyler Vs. Doe, 1982 ) • Federal law does not prohibit states from providing in-state tuition or from enrolling undocumented students in public education institutions • Equity as every educators responsibility Source: http://www.nasfaa.org
State-by-State, School-by-School » Public Universities: Each state has its own policies about: ˃ Whether undocumented students can be admitted ˃ If they pay in-state tuition ˃ If they qualify for state financial aid/public scholarship » Private Universities: Each school has its own approach about: ˃ Whether undocumented students can be admitted ˃ If they qualify for private scholarships
In-State Tuition 19 states allow undocumented students who have attended and graduated high school in that state to pay in-state tuition: California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Mexico, New Jersey, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, & Washington For more information on tuition by state go to: http://www.ncsl.org/research/education/undocumented-student- tuition-state-action.aspx
Financial Aid • No Federal aid. State and institutional aid only ˃ No Federal Pell Grant, Federal Work-Study, Federal Subsidized/Unsubsidized/PLUS or Perkins Loan • Scholarships ˃ Eligible for any scholarships that do not specifically require a U.S. citizenship, which is ultimately determined by the donor • Individual universities determine undocumented/DACAmented student eligibility • Up to the student to research to see if they qualify for specific awards. • Maldef.org – Created a scholarship resource specifically for undocumented students • high schools, companies, counties, schools, departments, private donors, etc. • Loans ˃ Federal Loans – no eligibility ˃ State Loans – limited eligibility ˃ Private Loans – limited eligibility “US Citizenship”
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