1. Addressing The Unique Needs Of Undocumented Students: How Recent Policy Changes Affect College Access Paz Maya Olivérez, Ph.D. Director, EOP & Student Success Initiatives California State University, Dominguez Hills

2. Goals for today’s webinar: Why are you attending today’s webinar? What types of information were you hoping to walk away with? What questions do you have about policies and/or best practices to serve the needs of undocumented immigrant students?

3. Undocumented Students: Who are they? Born outside the U.S Many have lived in U.S. for significant portion of their lives Some enter U.S. with tourist visa and chose to stay after visa expired Some reside without any form of documentation

4. Undocumented Students: Who are they? The U.S. Census Bureau estimated that in the year 2008, 12 million undocumented immigrants resided in the U.S.  Approximately 1.8 million undocumented youth under age 18 reside in the U.S.  The states with the largest numbers of undocumented immigrant youth are California (500,000), Texas (238,000), Florida (175,000), New York (135,000), and Arizona (101,000).  An estimated 65,000+ undocumented students graduate from U.S. high schools each year Sources: U.S. Census Bureau, Pew Hispanic Center, National Immigration Law Center

5. Undocumented Students: Who are they? Similar to peers: Low-income Poor academic preparation First-generation college- goers Limited access to college information & support English is their second language Different from peers: Most must pay out-of state tuition to attend college Not eligible for most forms of government-sponsored financial aid Have difficulty gaining legal employment Cannot acquire a driver’s license in most states Live in fear of discovery/deportation

6. Undocumented Students: Challenges to Legalization People often ask why undocumented students do not apply for a “green card” to legalize their status. The answer is that most of them would love to apply but that in the overwhelming majority of cases they cannot. The legal grounds for such petitions have narrowed to the point where it is almost impossible. The most likely outcome for a student who tries to apply is deportation of his/her entire family — sometimes to a “home” nation the student cannot remember. Source: National Immigration Law Center. (2010). “Basic Facts about In-State Tuition for Undocumented Immigrant Students.”

7. Undocumented Students: In-State Tuition Currently, there are 14 states in the U.S. with policies that allow eligible undocumented students to pay in-state tuition. *In some states students are also eligible for forms of state institutional aid.  Texas, California, Utah, Illinois, Washington, New York, Kansas, New Mexico, Nebraska, Wisconsin, Maryland, Colorado, Minnesota, Oregon Source: National Immigration Law Center. (2013). “State Bills on Access to Education for Immigrants – 2013.”

8. Undocumented Students: Local Policies State policies  Some states have policies in place that may restrict undocumented students from accessing higher education of any kind. System-wide policies  Some state college/university systems have policies in place that prohibit students from enrolling by requiring them to provide proof of residency in order to enroll. Institutional policies  Some private institutions may have policies in place that prohibit undocumented students from enrolling. However, most private institutions treat undocumented students like international students and do not require them to show proof of residency or U.S. Citizenship It is your responsibility to educate yourself and your students about these policies.

9. Undocumented Students: Federal Policy 1982: Plyler vs. Doe U.S. Supreme Court decision that granted undocumented students the right to a public school education from K-12 grade in the U.S. 1996: “Illegal” Immigration Reform and Immigrant Responsibility Act (IIRIRA), Section 505: Law limiting eligibility for preferential treatment of undocumented immigrants on basis of residence for higher education benefits

10. Undocumented Students: Federal Policy No federal requirement that school administrators inquire about students’ immigration status or report those who are undocumented, Department of Homeland Security confirms. (May 2008)

11. Undocumented Students: DREAM Act December 18, 2010: The U.S. Senate failed to pass the DREAM Act, bipartisan legislation that, had it been passed, would have provided undocumented young women and men who were brought to the U.S. as young children with a pathway to U.S. citizenship if they attend college or perform military service. *It is important to note that the DREAM Act only made it this far due to the efforts of DREAMers from all over the U.S. These efforts included lobbying legislators, educating communities, and conducting various actions such as rallies, workshops, etc.

12. Undocumented Students: DREAM Act Reports estimate that slightly more than 2.1 million undocumented youth and young adults nationwide would meet the age, duration-of- United-States-residency, and age-of-arrival requirements for conditional status under the DREAM Act. The ten states with the largest percentages of potential DREAM Act beneficiaries are California (26%), Texas (12%), Florida (9%), New York (7%), Arizona (5%), Illinois (4%), New Jersey (4%), Georgia (3%), North Carolina (2%), and Colorado (2%). Source: MPI Updates National and State-Level Estimates of Potential DREAM Act Beneficiaries (Michelle Mittelstadt, Migration Policy Institute, Dec. 2010).

13. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Despite the disappointment DREAMers faced when the DREAM Act failed to pass, they did not give up. Students continued to mobilize and re-strategize about fighting for “deferred action” to prevent further deportations of DREAMers and their family members and to fight for the right to work since many DREAMers are college graduates who want nothing more than to put their degrees to use. Deferred Action for Childhood Arrivals was enacted on August 15 th, 2012 to benefit undocumented youth in the United States. The policy offers eligible candidates a pardon from deportation and the opportunity to stay for 2 years with a work permit. Individuals with accepted DACA will have to reapply after 2 years is over. Deferred Action is a reaction to the failed DREAM Act and a milestone for DREAMers across America. Unlike the DREAM Act, Deferred Action unfortunately does not offer a path to a green card (permanent residence) or citizenship.

14. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) The Application for Deferred Action is Form I-821D, Consideration of Deferred Action for Childhood Arrivals. As a part of the process, Deferred Action applicants are required to provide documentation as proof of eligibility requirements. These requirements are:  You were under the age of 31 as of June 15, 2012;  You were brought to the United States before your 16th birthday;  You have continuously resided in the United States since June 15, 2007 up to present time;  You were physically present in the United States on June 15, 2012, and at the time of filing your application;  You are currently in school, have graduated high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and  You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security.

15. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents that can be used to prove one’s identity:  Birth Certificate accompanied by photo identification  Copy of Passport  Any national identity document from country of origin bearing photo and/or fingerprints  Any US-government immigration or other document bearing name & photograph: Employment authorization, expired visas, driver’s licenses, non-driver ID cards)  Any school-issued form of identification with photo  Military identification with photo  Certificate of Baptism in the US  Other relevant documentation not listed.

16. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents to prove individual came to the U.S. before 16 th birthday  Passport with admission stamp indicating when the individual entered the US  I-94/I-95/I-94W arrival/departure record  Any immigration & naturalization service or DHS document stating date of entry (Form I-862)  Travel records, such as transportation tickets showing dates of travel to the US  Official school transcripts, report cards from schools attended in the US showing names of schools and periods of attendance  Immunization or Medical Records concerning treatment or hospitalization showing medical facility and name of physician and dates of treatment  Official record from a religious entity in the US confirming participation in a religious ceremony, rite of passage (baptism, first communion, wedding)  Letters of Recommendation from Teachers/Advisors  Cell Phone Bills, Bank Statements, Lease Agreements, Employment Records, Pay Stubs, Utility Bills  Other items not listed above

17. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents to show “unlawful status” as of June 15, 2012  Entered Without Inspection  I-94/I-95/I-94W arrival/departure record showing the date your authorized stay expired  If under final order of exclusion, deportation, or removal issues as of June 15, 2012, submit a copy of that order and related charging documents, if available  An INS of DHS charging document placing individual into removal proceedings, if available  Any other document that you believe demonstrates that you were present but your lawful status had expired  Other relevant documentation not listed

18. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents to show presence in the United States on June 15, 2012  Rent receipts, utility bills, letters from companies showing dates  Employment records, pay stubs, W-2, certification of the filing of Federal income tax returns, state verification of the filing of state income tax return, letters from employers, letters from bank and other firms you have done business with if you are self-employed  School records, military records,  Hospital or medical records, Official records from a religious entity confirming participation.  Money order receipts, passport entries, birth certification of children born in the US, dated bank transactions, vehicle registration, title, deeds, mortgages, rental agreement, insurance policies  Official record from a religious entity in the US confirming your participation in a religious ceremony, rite of passage (baptism, first communion, wedding)  Any other relevant document

19. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documentation to prove Academic Eligibility  School records, report cards from school currently attending in the US  High School Diploma  GED  Official Transcripts  Transcripts from current school  Other relevant documentation Veteran of Coast Guard or Armed Forces proof of honorable discharge  Form DD-214, Certificate of release or discharge from active duty  NGB Form 22, National Guard Report of Separation and Record of Service  Military personnel records  Military health records  Other relevant documentation

20. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents to show that individual continuously resided in the US during the 5-year period immediately before June 15, 2012, and up to the present day  Rent receipts, utility bills, letters from companies showing dates  Employment records, pay stubs, W-2, certification of the filing of Federal income tax returns, state verification of the filing of state income tax return, letters from employers, letters from bank and other firms you have done business with if you are self-employed  School records, military records,  Hospital or medical records, Official records from a religious entity confirming participation.  Money order receipts, passport entries, birth certification of children born in the US, dated bank transactions, vehicle registration, title, deeds, mortgages, rental agreement, insurance policies  Official record from a religious entity in the US confirming your participation in a religious ceremony, rite of passage (baptism, first communion, wedding)  Any other relevant document

21. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) Documents to include with DACA application  Form I-821D (Consideration of Deferred Action for Childhood Arrivals) Documents to support Form I-821D  Form I-765 (Application for Employment Authorization)  Form I-765WS (Form I-765 Worksheet)  Form G-1145 (E-Notification of Application/Petition Acceptance)  One money order or cashier’s check for $465 $85.00 (Biometrics) $380.00 (Work Permit Application)

22. Undocumented Students: Deferred Action for Childhood Arrivals (DACA) (www.uscis.gov/childhoodarrivals) It is highly recommended that the DACA application & supporting materials be evaluated by a reputable licensed immigration prior to submission.  There is NO APPEAL PROCESS for DACA so it is imperative that applications be completed correctly be supported with the necessary documentation. DACA is not a law. It was only enacted for 4 years. It is unknown what will happen in 2016. Average response time to DACA is 6 months.

23. Financial Aid for Immigrant Students If a student filed an application for residency with USCIS, the student may already be eligible for resident fee status and also to receive state financial aid. Have them speak to their attorney.  If the student has a “green card” or social security number, they are eligible to complete the FAFSA. Undocumented students should not complete the online FAFSA application.  Undocumented students should contact someone at the college they plan to attend to ask about completing a paper FAFSA for institutional aid. Some students/families may be eligible for loans from some banks/loan agencies/private lenders if they have a co-signer who is a U.S. citizen or legal permanent resident.  Students with accepted DACA will be issued SS# they can use to borrow money and establish credit.

24. Recruitment Challenge #1 Students need assistance when completing college admissions applications Help students complete residency questions (develop relationships with college admission representatives) Attend college/university application workshops annually to stay informed of policy changes  Be aware of policies in your state, system, and/or institution. Provide general support for completing applications  If you don’t know the answer, find someone who does!

25. Recruitment Challenge #2 Students may face various individuals who create barriers due to a lack of training Create a training manual or resource guide that can be used by your colleagues that includes:  State and system wide policies  Best practices for supporting undocumented students  Information about scholarships and other funding sources available to undocumented students in your area Provide on-going professional development for college access professionals Conduct “allies” trainings for your staff & faculty

26. Recruitment Challenge #3 Students are uninformed or misinformed Include undocumented student information in all college/financial aid materials Develop a resource guide for undocumented students  Work with individuals on your campus and in your community to disseminate information widely Include expert presenters in all outreach events  Oftentimes the “experts” may be undocumented students affiliated with DREAM organizations.

27. Retention Challenge #1 Students lack mentors & encouragement Develop an undocumented student support group on your campus  High school clubs (i.e., develop & advise)  Undocumented student alumni  Undocumented college student groups Individualized/group counseling and guidance  With the proper training, all of your staff can provide some level of support to undocumented students on your campus (academic, financial, mental health, etc.).

28. Retention Challenge #2 Students’ decisions about whether or not to attend (or stay in) college are largely influenced by finances Provide information about college costs for all systems of higher education. Bring in current undocumented college students to share their stories about how they pay for college. Be realistic. Provide information & motivation but be realistic about the challenges.

29. More steps you can take… GET CONNECTED  Partner with feeder high school and college- based counselors/advisers  Partner with local organizations/ agencies in your community (including immigration attorneys) STAY ACTIVE & INFORMED  Advocate for your students (e.g., scholarship providers, policymakers)  Stay informed about policies that impact undocumented students

30. Information Resources State Education Bills Demographic Information Related to the DREAM Act Myths about Undocumented Immigration  UCLA Center for the Study of Women (CSW Update, January 2013) DHS Letter

31. Information Resources For up-to-date information on state/federal legislation (including DACA & DREAM Act):  National Immigration Law Center www.nilc.org For research and statistics on undocumented immigrants:  Pew Hispanic Center www.pewhispanic.org For immigration information and legal advice for immigrant youth:  Public Counsel www.publiccounsel.org

32. Undocumented Student Groups Find DREAM activist groups in your state or region online & on Facebook: www.dreamactivist.org http://dreamact.info

33. Webinar Series - Part 2 Supporting Undocumented Students: How To Increase College Access, Retention & Success  Webinar will focus on key challenges to college access & retention of undocumented students and best practices for addressing these challenges.  Discussion will highlight strategies for helping students build a network of support on their campus & in their community, fundraise for college, and pursue post- graduate opportunities such as graduate school, internships, & employment.  Additional resources for professionals and students will also be provided.

34. Remaining Questions?

35. Paz Maya Olivérez, Ph.D. Director, EOP & Student Success Initiatives California State University, Dominguez Hills poliverez@csudh.edu 310.243.2563 www.innovativeeducators.org