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COUNSELING UNDOCUMENTED STUDENTS
Presented By:
JoEllen Soucier – Houston Community College
Ignacia Rodriguez – National Immigration Law Center
Agenda• Undocumented Students – Who are they?• DREAM Act and DACA• Federal and State Laws• Financial Aid Options• Some Legal Resources• Best Practices
What Does it Mean to be Undocumented?
• Individual lacks the documents required for immigration or legal residence
• Individuals may have:• Entered the country legally on a temporary basis and stayed after documents expired
• Entered without documents
Statistics about Undocumented Students
• More than 1.8 million are children under 18• 75% are from Mexico and Latin America• The majority live in California, Texas, New York, Illinois,
Florida and Arizona• Parents’ undocumented status usually does not affect
student’s eligibility to apply for certain types of aid • Eligibility for financial aid typically depends on the student’s citizenship
status
DACA is NOT the Federal DREAM Act
• The DREAM Act was a bipartisan bill • The DREAM Act legislation has not passed• Various versions have been introduced since 2001 but
generally: • Must have entered the United States before the age of 16
(i.e. 15 and younger)• Must have been present in the United States for at least five
(5) consecutive years prior to enactment of the bill • Must have graduated from a United States high school, or
have obtained a GED, or have been accepted into an institution of higher education (i.e. college/university)
• Must be between the ages of 12 and 35 at the time of application
• Must have good moral character
Deferred Action for Childhood Arrivals (DACA)
• Immigrant youth may apply for Deferred Action for Childhood Arrivals (DACA).
• June 15, 2012: After facing intense organizing from immigrant youth, the Secretary of the Department of Homeland Security (DHS) issued a memo granting two-year deferred action to certain young undocumented immigrants.
• DACA does not provide a path to citizenship, but it does provide those who meet the criteria protection from deportation and a work permit.
• DACA is granted for two year periods and can be renewed.
• As of June 2015, over 681,345 people have been granted initial DACA.
DACA Guidelines
1. Establish their identity
2. At the time of filing, be at least 15 years old IF they are not in removal proceedings
3. Have been born AFTER 6/15/1981
4. Have entered the U.S. before their 16th birthdate
5. Have continuously resided in the U.S. since 6/15/2007 through the time of filing
6. Have been physically present in the U.S. on 6/15/2012
7. Have been unlawfully present, with no valid immigration status, on 6/15/2012
8. Any exits outside the U.S. must have been brief, casual, and innocent
DACA Guidelines 9. Have graduated or obtained a certificate of completion from
high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date that you submit your DACA application.
10. Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
11. Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses.
12. Not pose a threat to national security or public safety. (DHS has not defined what these terms mean but has indicated that they include gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
DACA Guidelines 13. Have graduated or obtained a certificate of completion from
high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date that you submit your DACA application.
14. Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
15. Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses.
16. Not pose a threat to national security or public safety. (DHS has not defined what these terms mean but has indicated that they include gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
Immigrant Youth and Higher Education
• Nothing in federal law prohibits undocumented and DACAmented students from attaining higher education.
• Undocumented and DACAmented students do not have access to federal financial aid.
• Growing number of states offer in-state tuition to students who meet certain criteria, regardless of their status. At least 20 states have tuition equity laws or policies. Over 75% of the foreign born live in states with a tuition equity law or policy in place.
• Some states offer financial aid provided by the state and/or institution. • CA, TX, NM, MN, OR, OK, WA, and HI offer state financial aid to
students who meet certain criteria, regardless of status.• CA, IL, MN, and UT offer institutional aid or scholarships. Campaigns
are pending in several states.
In-State Tuition • In states without tuition equity policies, access for DACA
grantees may depend on:• Residency definition• Lawful presence or document requirements• Whether tuition is considered a public benefit• Also may vary by institution or college system
• States as diverse as AL, MA, MD, NH, OH, VA have determined that DACA grantees may establish residency for tuition purposes under existing rules.• CA has orally agreed• In AZ, this issue is still being litigated
What’s Happening In Texas
The Tale at Houston Community College
TASFA – Texas Application for State Financial AidTexas Higher Education Coordinating Board
For House Bill 1403/Senate Bill 1528 students only: House Bill 1403 from the 2001 State
Legislative Session/Senate Bill 1528 from the 2005 State Legislative Session allows certain categories
of foreign-born and immigrant students in the State of Texas to qualify for residency under Texas
Education Code Chapter 54, Section 54.052(a)(3). This state law allows such students to pay the
resident tuition rate while attending public institutions of higher education in Texas, and be classified
as state residents for tuition purposes. As Texas residents, such students are eligible to apply for some
student financial aid programs offered by the State of Texas.
TASFA Application collects data similar to the FAFSA and uses the same Federal Methodology to
come up with an Expected Family Contribution (EFC).
http://www.thecb.state.tx.us/ http://www.thecb.state.tx.us/reports/PDF/6310.PDF
TASFA – Texas Application for State Financial AidTASFA Eligibility Requirements:
• Meets residency requirements under House Bill 1403/Senate Bill
1528 and submits residency affidavit
• Lived in Texas for three years before receiving High School
Diploma or GED in Texas
• Plan to apply for permanent residency soon
• Completes TASFA Application with supporting documentation
(tax transcript, W-2s, etc.)
• School may process FAFSA in lieu of TASFA
• Verify that male student is registered with Selective Service.
Currently, 114 Texas Colleges and Universities accept the TASFA
http://www.thecb.state.tx.us/Reports/PDF/2540.PDF?CFID=27929159&CFTOKEN=50989621
http://www.aie.org/pdf/TASFA-Instructions-2015-2016-English.pdf
TASFA – Texas Application for State Financial Aid
TASFA Eligible State Aid Programs
(if program eligibility is met):• Texas Public Education Grant (TPEG)• Texas Equalization Grant (TEG)• TEXAS Grant• Texas College Work-Study• Texas Educational Opportunity Grant
(formerly Texas Grant II)• State Exemption programs, in addition to any
available institutional aid• College Access Loan (CAL)http://www.collegeforalltexans.com/index.cfm?objectid=D465D848-EA0F-C0EA-5209BC8C89262877
TASFA – In-State Tuition2014-2015 WAIVERS – All Undocumented Students the meet House Bill 1403 or Senate Bill 1528.
1647 Students provided with Waivers
FY - FT FY - PT FO - FT FO - PT SO - FT SO - PT
HCC Waivers 190 808 32 343 35 239
FY = Full-yearFT = Full-time (12+ credits)PT = Part-time (1 – 11 credits)FO = Fall onlySO = Spring only
HCC - TASFA State Financial Aid Assistance Received – 2014-2015
HCC - TASFA Eligible State Aid Programs :• TEOG - Texas Educational Opportunity Grant • TPEG - Texas Public Education Grant • Texas College Work-Study
Total 2014-2015 TASFA Applications Received = 755
Total 2014-2015 TASFA Applications Awarded = 615
Total 2014-2015 TASFA Awards Disbursed = 604
HCC - TASFA State Financial Aid Recipients – 2014-2015
Total TASFA Students = 604
Total Non-TASFA Students = 38,018
What’s Happening In Florida
Florida’s Eligibility Criteria for In-State Tuition
On June 8, 2014 Governor Rick Scott signed HB 851 into law:• Attend a high school for 3 consecutive years in the state
immediately before graduating from a Florida High School• Enroll in a public post-secondary educational institution
within 24 months after high school graduation• Have submitted an official Florida high school transcript
as evidence of attendance and graduation
Note: while this applies to DACA students it isn't limited to DACA students
Florida’s In-State Tuition
WAIVERS• Rename undocumented student (‘US’) waiver to non-
resident waiver (‘NR’) – see Fall 2014 waivers below:
Information from Florida International University
• Total Student count for fall 2014 – 53,892• Hispanic Serving Institution – 63% Hispanic• Number of students who were eligible for in-state tuition
due to DACA* – 231 Students classified as non-resident for tuition purposes then the out-of-
state portion is waived• *These are the ones we KNOW are DACA due to turning in
documentation of the 309 granted the waiver.
Other Options and Best Practices
Options for Financial Aid
Aid from Colleges and Universities• Institutional scholarships, grants, loans, or work-study
programs• Availability of institutional aid varies widely• Scholarship funds come with a merit component
Examples of Aid from Private Sources• FastWeb• Mexican American Legal Defense and Education Fund• Get Ready for College• Latino College Dollars• Scholarships for Hispanics• Genesco Migrant Center
Options for Financial Aid• Locating private aid sources is labor intensive and time
consuming• Be proactive and identify local sources of aid• Make information easily available• You may need to refer students to an attorney familiar
with immigration law and regulations about the feasibility of the student obtaining permanent status in the U.S. to open up more options to the student
Legal Resources• NASFAA’s List of Policies and Laws on Undocumented
Students per state• NILC Resources
• Access to Education http://www.nilc.org/highered.html• Map http://www.nilc.org/eduaccesstoolkit2.html#maps• Information on DACA http://www.nilc.org/dreamdeferred.html
• Educators for Fair Consideration (E4FC) http://e4fc.org/• Immigrant Legal Resource Center www.ilrc.org• www.adminrelief.org • www.iamerica.org • Catholic Legal Immigration Network, Inc. (CLINIC)
https://cliniclegal.org/• We Own the Dream www.weownthedream.org• U.S. Citizenship and Immigration Services www.uscis.gov
Best Practices
Create a Safe Environment for Students:• Non-threatening• No requirement to report status• Be supportive and encouraging• Be mindful of language say “undocumented” rather than “illegal”
Know Relevant Policies and Legislations:• Understand college-specific admissions and enrollment policies
for undocumented students• Be aware of what is available at the state and local levels to assist
undocumented students
How can we advocate for this student population?
• Lets hear your suggestions:• Is there a need?• Can you even have an impact?• What is happening at your institution?
QUESTIONS???
