UndocuAlly Program for Educators: Developing Effective Partnerships between Faculty, Staff, and Undocumented Students AB540 & Undocumented Student Center University of California, Davis May 27 th,2015

Facilitators Andrea Gaytan, Director, AB540 and Undocumented Student Center Marcus Tang, Attorney/Legal Fellow, UC Davis Immigration Law Clinic Vanessa Segundo, Education and Training Coordinator, AB540 and Undocumented Student Center

Overview History of the UndocuAlly Program for Educators Terminology and Data Laws and Policies Experiences and Challenges Best Practices

The UndocuAlly Program for Educators (UPE), open to UC Davis faculty, staff, and graduate/professional students. UndocuAlly is a term used to identify campus allies for undocumented students. Goal: Assist educators in developing and enhancing their working knowledge regarding servicing undocumented student populations at UC Davis. History and Vision

During fall 2014 quarter, two focus groups were held in which 35 faculty, staff, and graduate students participated Feedback was provided in two ways: individual responses, group dialogue, and written group responses. History: Our Process

The majority of definitions provided by participants that defined an undocumented student revolved within legal and political contexts All responses provided by participants indicated negative associations between experiences and challenges undocumented students face regarding, living a “life of secrecy.” Source: AB540 & Undocumented Student Center History: Educator Perspectives

The responses that activated lively dialogue was provided by participants was regarding privilege, race, and positionality. “‘Where are you from?’ Having to face that several times a day, means you don’t fit here. You don’t fit into the cookie cutter Davis. The intent may not be malice, but the impact is making a student feel unwelcome.” History: Educator Perspectives

Participants agreed that they felt a sense of helplessness for not being well versed in legal terminology and policies. They stated that the majority of the time, the student knows more than they do in relation to navigating campus resources. “The student will be the expert, having gone through all the campus departments, but the stress of having to teach me causes more stress.” History: Educator Perspectives

Focus AreasGoals Laws and policies affecting undocumented students Statistics regarding the undocumented student population at UC Davis Mental health concerns experienced by undocumented students Undocumented student narratives Articulate experiences and challenges of undocumented students Become familiar with federal and state legislation that affects undocumented students Identify and make a commitment to use immigrant sensitive language Personalize best practices and interventions History: Learning Objectives

UndocuAlly Progam for Educators

An undocumented individual is a non-citizen living in the U.S. without authorization, in the form of valid immigration status, from the federal government. (1) entered without inspection, or (2) entered with a valid visa or other status, and overstayed the authorized duration of that status Defining “Undocumented”

Generally, undocumented individuals: Face imminent threat of detention and/or deportation Do not have permission to work Cannot leave the United States and return Cannot obtain Social Security numbers Cannot obtain driver licenses in most states Are ineligible for most public benefits Defining “Undocumented”

 How would using the ‘i’ word make a student feel?  How would the use of this term impact your ability to provide services to students? The “I” Word

K undocumented students enrolled in college 10% of undocumented year olds go on to college compared to 25-30% of the total population Most go on to 2 year colleges M. H. Lopez, Director of Hispanic Research, Pew Center, personal communication, Washington, DC, February 7, As noted in: In the Shadows of the Ivory Tower: Undocumented Undergraduates and the Liminal State of Immigration Reform. National Estimates

Undocumented Students at the U.C. Predominantly Asian and Latino Low income (97% received financial aid in AY13-14) Over 2,000 students across all 9 campuses Including medical, law, and professional/graduate school Admissions criteria does not change

UC Davis Growth At UC Davis: Academic Year# of Students benefitting from CA DREAM Act Data as of January 2015 provided by UC Davis Financial Aid

Laws and Policies Affecting Undocumented Students

Legal Information vs. Legal Advice True or False Legal information involves educating a person about what the law is. Legal advice involves making determinations or recommendations based on analysis of the law as it applies to a person’s specific situation. Anyone can give legal advice. FALSE! TRUE!

Legal Information vs. Legal Advice When in doubt, refer the student to consult with an attorney.

Race and Immigration Policy Key developments in federal immigration law inform how we understand the marginalized experiences of undocumented students of color Chinese Exclusion Acts 1924 National Origins Quota System 1965 Immigration Act of Welfare Reform Act of Comprehensive Immigration Reform*

Overview of Laws and Policies Federal Process for Obtaining a Green Card Comprehensive Immigration Reform Proposed legislation! Deferred Action (DACA & DAPA) The Constitutional Right to Free K-12 Education State In-State Tuition at Public Universities State-Based Financial Aid Professional Licenses Driver Licenses

Federal Laws and Policies

Comprehensive Immigration Reform Would provide a pathway to citizenship for the majority of undocumented individuals living in the United States. Includes the Federal DREAM Act

What is deferred action? Deferred action is a use of prosecutorial discretion by immigration authorities to suspend deportation proceedings for a certain period of time.

Born after June 15, 1981 Arrival before 16 th birthday Qualifying education or military status Continuous residence since June 15, 2007 No severe criminal history Eligibility Temporary protection from deportation Permission to work Social Security Number CA Driver’s License / CA I.D. Card Medi-Cal (if otherwise eligible) Possible to travel abroad Benefits Deferred Action for Childhood Arrivals

Deferred Action for Parents of American Citizens and Lawful Permanent Residents* Parent of a U.S. citizen or lawful permanent resident Continuous residence since January 1, 2010 Are not an “enforcement priority” (no severe criminal history) Eligibility Temporary protection from deportation Permission to work TBA… Benefits * Pending federal litigation

What Deferred Action is NOT: Permanent Guaranteed A law Legal immigration status A pathway to lawful permanent resident status or U.S. citizenship

The Constitutional Right to Free K-12 Education U.S. Supreme Court has held that undocumented children are entitled to the same K-12 free, public education system that the state provides to children who are citizens or LPRs. Plyler v. Doe (1982)

Immigration Status: A Spectrum Undocumented Undocumented with DACA Nonimmigrant Visa (i.e. Student visa) Lawful Permanent Residence/ Green Card U.S. Citizenship Stronger rights and benefits Weaker rights and benefits

Rights & Benefits of U.S. Citizens Permission to work Eligibility for federal financial aid Free, public K-12 education Can leave the U.S. and return Without time restrictions Can petition certain family members to immigrate Including immediate relatives without much delay Eligibility for public assistance Without waiting periods Authorization to be in the U.S. Permanently Not subject to potential detention and/or deportation by ICE Can vote in U.S. elections and serve on juries

Rights & Benefits of Lawful Permanent Residents Permission to work Eligibility for federal financial aid Free, public K-12 education Can leave the U.S. and return Without time restrictions Can petition certain family members to immigrate Including immediate relatives without much delay Eligibility for public assistance Without waiting periods Authorization to be in the U.S. Permanently Not subject to potential detention and/or deportation by ICE Can vote in U.S. elections and serve on juries Pathway to citizenship

Rights & Benefits of Student Visa Holders Permission to work (with limitations) Eligibility for federal financial aid Free, public K-12 education Can leave the U.S. and return Without time restrictions Can petition certain family members to immigrate Including immediate relatives without much delay Eligibility for public assistance Without waiting periods Authorization to be in the U.S. Permanently Not subject to potential detention and/or deportation by ICE Can vote in U.S. elections and serve on juries Pathway to citizenship

Rights & Benefits of Undocumented Immigrants Permission to work Eligibility for federal financial aid Free, public K-12 education Can leave the U.S. and return Without time restrictions Can petition certain family members to immigrate Including immediate relatives without much delay Eligibility for most forms of public assistance Without waiting periods Authorization to be in the U.S. Permanently Not subject to potential detention and/or deportation by ICE Can vote in U.S. elections and serve on juries Pathway to citizenship

Rights & Benefits of DACA Recipients Permission to work Eligibility for federal financial aid Free, public K-12 education Can leave the U.S. and return (for limited purposes) Without time restrictions Can petition certain family members to immigrate Including immediate relatives without much delay Eligibility for most forms of public assistance Without waiting periods Authorization to be in the U.S. (but still without immigration status) Permanently Not subject to potential detention and/or deportation by ICE Can vote in U.S. elections and serve on juries Pathway to citizenship

State Laws and Policies

The Challenge of Paying for Higher Education Undocumented students: No automatic in-state tuition Ineligible for federal financial aid. No work authorization* *Unless student qualifies for DACA/DAPA

Nationwide Overview of Access to Higher Education Source: Americas Quarterly (

Spotlight: California AB 540 California law that allows a qualifying student who would otherwise not be eligible for in-state tuition to pay in-state tuition fees at any UC, CSU, or CA community college. Eligibility Requirements: Attended a CA high school for 3+ full academic years Graduated from a CA high school, attained a G.E.D., or passed the CA High School Proficiency Exam In addition to other requirements

How Do CA Students Identify? “Undocumented Student” vs. “AB 540 Student” vs. “DACAmented Student”: Undocumented Students (“Dreamers”) DACA Students (“DACAmented”) AB 540 Students

Professional Licenses Florida: New law enacted in 2014 allows undocumented immigrants with a Florida law degree to apply for admission as attorneys to the Florida State Bar Association (HB 755). California: New law enacted in 2015 allows undocumented immigrants to apply for professional licenses in the state (SB 1159).

Nationwide Overview of Driver Licenses Source: National Immigration Law Center

EducationNon-Education In-state tuition for undocumented students State-based educational financial aid Eligibility for need-based grants and institutional scholarships State-based loans Professional licenses for undocumented individuals Driver Licenses Access to state-based public assistance Access to healthcare programs Access to state-funded legal assistance Prohibitions on cooperation between state/local law enforcement agencies and federal immigration authorities “Best Practices” in State Immigration Policy

Experiences and Challenges

Challenges Financial Aid/Financial Services Psycho-social stress/anxiety Driver’s License (DACA/AB60 as of 2015) Vulnerability: Deportation, exploitation, violence Internships/work experience Post-graduation unknown Medical care & Housing Navigating systems

4 Corners

Which area do you feel most comfortable navigating for yourself?

In your opinion, which area is the biggest challenge for an undocumented student?

Which area do you as an ally need to learn more about?

Best Practices

Knowledgeable vs Misinformed Advise vs Decide Support vs Expertise Human vs Subject Best Practices: Framework for Allyship

Check your privilege acknowledge; leveraging vs. stepping back deficit vs. asset frameworks build trust, rapport, credibility Connect with students from a place of love symbolic annihilation “keep it real” with students ally vs. advocate Advising and counseling mentorship is key! expand your network; awareness of referral processes academic and student development Create brave spaces visible support; culturally and linguistically relevant materials Psycho-social support don’t pressure self-disclosure Best Practices: Individual Level

“Can’t fill out FAFSA” “Can’t drive” “Can’t study abroad/ leave the US ” “Can’t work” “I don’t have an SSN” Any others? What are some cues/invitations?

Assess your environment, personnel, and resources Revisit institutional mission and values Proactive vs. reactive counseling staff Parental/familial involvement Establish and streamline referral process for services Establish the organization as a resource Invite/organize community functions Develop a school guide! (multiple languages) Build alumni network Develop college pathways Hold your organization accountable Visible and continued support for undocumented students On-going professional development Partner with community organizations Follow through and follow up Best Practices: Organizational Level

UC Davis Undocumented Student Support University of California—All topics Educators for Fair Consideration (E4FC) e4fc.org University of California Admissions dream-act/ dream-act/ Websites to Reference

Andrea Gaytan AB540 & Undocumented Student Center (530) Marcus Tang UC Davis Immigration Law Clinic (530) Vanessa Segundo AB540 & Undocumented Student Center (530) Contact Us