Employment and Postsecondary Educational

AccessUndocumented

Students

Financial Statistics from article:Postsecondary Educational Access for Undocumented Students: Opportunities and ConstraintsJennifer L. Frum

U.S. high schools graduate an estimated 65,000 undocumented

students, of whom only 5 percent ever attend college.

39 percent of undocumented children live below the federal poverty level (compared to 17 percent of native-born children) while the average income of an undocumented immigrant’s family is 40 percent lower than that of either native-born families or legal immigrant families.

Undocumented students are prohibited from receiving federal financial aid for their education including Pell Grants and participating in federally funded work study programs

In State Tuition & Undocumented Students

40 out 50 states do not have legal provisions for undocumented students to be eligible for in state tuition, even if the college does admit them.

Out of state tuition is an average of 140 X’s the cost of in state tuition

10 states allow undocumented students, with conditions, to be eligible for in state tuition, including Texas

3 states allow undocumented students, with conditions, to receive state financial aide, including Texas

Federal Guidance on States rights to accept undocumented students into post-secondary educations:

In response to a request from North Carolina for this clarification, the U.S. Department of Homeland Security, (ICE), issued two letters in 2008 indicating that:

(1) Enrollment of undocumented students does not violate federal law;

(2) It is a matter left to the states to decide; and

(3) In the absence of state law, it is a matter left to institutions to decide. The exact wording is as follows:

http://www.nacacnet.org/research/KnowledgeCenter/Documents/UndocumentedCollegeStudents.pdf

Exact Wording….

The Department of Homeland Security (DHS) does not require any school to determine a student’s status (i.e., whether or not he or she is legally allowed to study). DHS also does not require any school to request immigration status information prior to enrolling students or to report to the government if they know a student is out of status, except in the case of those who came on student visas or for exchange purposes and are registered with the Student Exchange and Visitor Program.9

. . . individual states must decide for themselves whether or not to admit illegal aliens into their public post-secondary systems. States may bar or admit illegal aliens from enrolling in public post-secondary institutions either as a matter of policy or through legislation...In the absence of any state policy or legislation addressing this issue, it is up to the schools to decide whether or not to enroll illegal aliens . . .10

Current States Allowing In State TuitionTable 1 : States allowing resident tuition for undocumented students

State/date enacted Requirements State financial aid?

California - 2001 Must attend CA high school for 3 years and graduate or earn a GED Proposed SB160

Illinois - 2003 Must attend IL high school for 3 years and graduate or earn a GED No

Kansas - 2004 Must attend KS high school for 3 years and graduate or earn a GED No

Nebraska - 2006 Must attend NE high school for 3 years and graduate or earn a GED Yes

N. Mexico - 2005 Must attend NM high school for 1 year and graduate or earn a GED Yes

New York - 2002 Must attend NY high school for 2 years and enroll at a state No

institution within 5 years of graduating or earning a GED

Oklahoma - 2003 Must attend OK high school for 2 years and graduate or earn a GED Yes

Texas - 2001 Must attend TX high school for 3 years and graduate or earn a GED Yes

Utah - 2002 Must attend UT high school for 3 years and graduate or earn a GED No

Washington-2003 Must attend WA high school for 3 years and graduate or earn a GED No

Note . From Krueger, C. (2006, April). In-state tuition for undocumented immigrants. Education

Commission of the States State Notes. Boulder, CO.

Financing College:

In certain states, undocumented immigrants are eligible to pay in-state tuition rates at public colleges and universities. Some states specifically grant this benefit to DACA recipients.

It is important to stay informed regarding any state laws that may pass as details pertaining to DACA continue to develop.  

After the appropriate tuition rate is determined the next question will be how to pay for it.

DACA recipients do not fit into any of the U.S. Department of Education’s categories for eligible noncitizens, and are currently ineligible to receive federal financial aid.

They are also ineligible for most state financial aid programs. Therefore, most DACA students must explore other sources for outside funding. 

Texas Allows state funding!!

http://www.nasfaa.org/advocacy/perspectives/articles/Deferred_Action_for__Dreamers___Advising_DACA_Students_About_Affording_College.aspx

Continued…

Private loan providers are usually less stringent in their application criteria, and, depending on the eligibility parameters, may be willing to provide loans to noncitizen students.

Applicants for private loans should familiarize themselves with the loan terms (especially the interest rates and repayment conditions), since private loans may have higher, fluctuating interest rates and are not covered by the guarantees that protect federal student loan borrowers. 

Noncitizen students may be eligible to apply for many private scholarships, depending on the eligibility requirements set forth in the application. Private scholarships may be offered by non-profit institutions, individuals, government agencies from the student’s country of citizenship, and a number of other sources.

Student should take advantage of scholarship search engines like www.fastweb.com, www.finaid.org, www.edupass.org, www.finaid.org/otheraid/undocumented.phtml, www.collegeboard.com and www.careerinfonet.org, or contact their country’s embassy or consulate.

Students  should read the eligibility requirements carefully to ensure they qualify even without lawful status. 

Continued…. Also, some colleges may offer institution-specific scholarships for which DACA

recipients may qualify.

Colleges may require students to fill out the Free Application for Federal Student Aid (FAFSA) solely for the purpose of determining private aid eligibility.

The student must have a Social Security number to complete the FAFSA online. The FAFSA will result in a Student Aid Report bearing the Expected Family Contribution (EFC) that the school needs to determine financial need. However, the DACA recipient will not be eligible for federal student aid and will receive a “C” code on the Student Aid Report requesting documentation of citizenship.

Students who do not have Social Security numbers may be asked to submit the paper FAFSA to the financial aid office for a manual calculation of the EFC. All information submitted on the FAFSA, whether online or on paper, must be completely accurate.

To make college costs more affordable, DACA students should also consider alternatives to the traditional four-year, full-time enrollment. In states where they qualify for in-state tuition, DACA students may want to begin their postsecondary education at community colleges, where in-state tuition may be a fraction of the cost of other institutions.

After completing transferable coursework at the community college level, they may look to transfer to a four-year college to finish their degree. Likewise, students should also explore the option of part-time enrollment, which would allow them to work to help finance their educational costs.

What’s DACA ………????

Deferred Action for Childhood Arrivals(DACA became available Sept 2012)

• Under deferred action, the Department of Homeland Security (DHS) exercises its prosecutorial discretion to forego immigration enforcement (deportation) against particular individuals for a specific period of time. Deferred action for childhood arrivals (DACA) provides for a two-year grant of deferred action to certain individuals who are not in lawful immigration status and entered the United States as minors. 

• Allows student in Texas to “legally work” while going to school (high school and post-secondary)

What it is: http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process

http://www.nasfaa.org/advocacy/perspectives/articles/Deferred_Action_for__Dreamers___

Advising_DACA_Students_About_Affording_College.aspx

How to Apply:

Go To:

http://www.uscis.gov/sites/default/files/USCIS/Resources/daca.pdf

Submit all forms to the USCIS Lockbox at: www.uscis.gov/I-821D

1. DACA Form I-821D, No Fee

2. Employment Authorization Form I-765, $380

3. Employment Authorization Worksheet I-765

4. Biometric Service Fee, $85 (fingerprinting)

Or call USCIS Customer Service at :

1-800-375-5283

What DACA does do:

Does make you TEMPORARILY allowed to work “legally” and/or go to post-secondary school or training without any legal repercussions

DACA must be renewed every 2 years.

The first round of renewals are due this year – 2014.

Does allow for legal processing of USCIS Work Authorization Form and Work Sheet

DACA does allow recipients to apply for a social security number

DACA does allow, depending on the state in which they live, possibly to obtain a driver’s license

What DACA does NOT do:

Does NOT provide a legal pathway to citizenship

Does NOT make you eligible for federal grants/aide for post-secondary ed (illegal)

Does NOT make you eligible for state grants/aide for post-secondary ed (depends on state)

DHS retains the authority to renew, or even terminate, a DACA grant at any time. 

DACA Eligibility:

You may request consideration of deferred action for childhood arrivals if you:    

Were under the age of 31 as of June 15, 2012;

Came to the United States before reaching your 16th birthday;

Have continuously resided in the United States since June 15, 2007, up to the present time; 

Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

Eligibility Continued….

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or other equivalent State-authorized exam in the United States, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.

Must be renewed every 2 years….current DACA eligible individuals are coming up for renewal this year.

Random Fact for FAFSA:When one parent is illegal but student is nothttp://www.finaid.org/otheraid/undocumented.phtml

Federal Student Aid 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 000-00-0000 as their social security number on the FAFSA form.

 

Community Resources:Undocumented Students Educators for Fair Consideration:

http://e4fc.org

Visit : www.weownthedream.org

Harris and Galveston County Resources

http://www.weownthedream.org/legalhelp/search?language=&text=&interestarea=&interpreting=0&state=TX&legalnetwork=&detentionfacility=&nonlegalservice=&county=9141,9158&x=15&population=&legalarea=16&legalservice=&map=0&y=16&national=0

http://www.weownthedream.org/legalhelp/email-form.393379