1. Counseling Undocumented Students
Presented By:
JoEllen Soucier – Houston Community College
Ignacia Rodriguez – National Immigration Law Center

2. Agenda Undocumented Students – Who are they? DREAM Act and DACA
Federal and State Laws
Financial Aid Options
Some Legal Resources
Best Practices

3. 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

4. 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

5. 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

6. 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.

7. DACA Guidelines Establish their identity
At the time of filing, be at least 15 years old IF they are not in removal proceedings
Have been born AFTER 6/15/1981
Have entered the U.S. before their 16th birthdate
Have continuously resided in the U.S. since 6/15/2007 through the time of filing
Have been physically present in the U.S. on 6/15/2012
Have been unlawfully present, with no valid immigration status, on 6/15/2012
Any exits outside the U.S. must have been brief, casual, and innocent

8. DACA Guidelines
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.
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.
Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses.
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.)

9. DACA Guidelines
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.
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.
Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses.
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.)

10. 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.

11. 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

13. What’s Happening In Texas The Tale at Houston Community College

14. TASFA – Texas Application for State Financial Aid
Texas 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 (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).

15. TASFA – Texas Application for State Financial Aid
TASFA 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

16. 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)

17. TASFA – In-State Tuition
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-year
FT = Full-time (12+ credits)
PT = Part-time (1 – 11 credits)
FO = Fall only
SO = Spring only

18. 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 TASFA Applications Received = 755
Total TASFA Applications Awarded = 615
Total TASFA Awards Disbursed = 604

19. HCC - TASFA State Financial Aid Recipients – 2014-2015
Total TASFA Students = 604
Total Non-TASFA Students = 38,018

20. What’s Happening In Florida

21. 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

22. Florida’s In-State Tuition
WAIVERS
Rename undocumented student (‘US’) waiver to non-resident waiver (‘NR’) – see Fall 2014 waivers below:

23. 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.

24. Other Options and Best Practices

25. 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

26. 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

27. Legal Resources
NASFAA’s List of Policies and Laws on Undocumented Students per state
NILC Resources
Access to Education
Map
Information on DACA
Educators for Fair Consideration (E4FC)
Immigrant Legal Resource Center
Catholic Legal Immigration Network, Inc. (CLINIC)
We Own the Dream
U.S. Citizenship and Immigration Services

28. 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

29. 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???

30. Contact Information
JoEllen Soucier –
Ignacia Rodriguez –