Education for Undocumented Students
Attending College Regardless of Immigration Status
Finding and getting into the right college or university can be a stressful task, but it can also lead to extremely rewarding opportunities for career and personal advancement. There are an estimated 65,000 undocumented students – children born abroad who are not U.S. citizens or legal residents – who graduate from U.S. high schools each year. These children are guaranteed an education in U.S. public schools through grade 12, but may face legal and financial barriers to higher education. Students may face obstacles on the path to higher education when it comes to admission, tuition and financial aid. But, there are many national programs and state laws that allow undocumented students to attend the college of their choosing. At least twenty states and the District of Columbia have “tuition equity” laws or policies that permit certain students who have attended and graduated from secondary schools in their state to pay the same tuition as their “in-state” classmates at their state’s public institutions of higher education, regardless of their immigration status.
The Reality of Undocumented Students
According to the National Immigration Law Center, undocumented individuals are defined as foreign nationals who entered the U.S.: without inspection; with fraudulent documents; or legally as nonimmigrants, who then violated the terms of their status by letting their visas expire. But, aside from legal realities, it’s important to remember that many undocumented students are victims of circumstances beyond their control. Most of them were brought to America by their parents at a very young age. They’ve learned English, completed high school, integrated themselves into communities, and most important of all – they consider themselves Americans. Undocumented students with excellent grades, ample volunteer experience, and high test scores will find that their path to earning a degree may not be as difficult as they expect. Most public colleges welcome undocumented students and have protections in place to ensure they can reach their full potential.
Can Undocumented Students Legally Attend College?
Although there is no federal or state law that prohibits the admission of undocumented immigrants to U.S. colleges, public or private - undocumented students may incorrectly assume that they cannot legally attend college in the United States. Federal or state laws do not require students to prove citizenship in order to enter U.S. institutions of higher education. But, institutional policies on admitting undocumented students may vary. Some four-year state colleges, in some states may require applicants to submit proof of citizenship or legal residency and refuse admission to students without documentation. However, this type of policy is not a state law. In many other states, public institutions accept undocumented students but treat them as foreign students, making them ineligible for state aid and lower tuition charged to state residents.
College Tuition Policies
There has been an ongoing issue generating controversy on whether undocumented students residing in a U.S. state should be eligible for the lower tuition rates that state residents pay for their state’s public institutions. Many state institutions charge undocumented students out-of-state tuition fees. Some states have passed laws that permit undocumented students to pay in-state tuition rates under certain conditions.
Federal, State and Institutional Financial Aid Policies
Undocumented students cannot legally receive any federally funded student financial aid, including loans, grants, scholarships or work-study money. In most states, they are not eligible for state financial aid. Some states do grant eligibility for state financial aid to undocumented students who qualify for in-state tuition. Private institutions set their own financial aid policies. Some are willing to give scholarships and other aid to undocumented students.
Obstacles that Undocumented Students Face
About 65,000 undocumented students graduate from U.S. high school every year, and just 5-10% of them enroll in college. This low number can be primarily attributed to systematic roadblocks, it’s likely that another significant contributor is the common misconception that college simply isn’t a realistic option for these students. Many students may live in fear of being exposed and deported should they apply to college. But, this shouldn’t be a concern for potential college students because it is against the law for colleges to report a student’s immigration status without their permission.
Path to Citizenship
Green cards are considered the obvious answer for students who want to become permanent residents in the United States. However, under current law, it’s nearly impossible for undocumented individuals to get a green card. As a matter of fact, even applying for one presents a risk that an undocumented individual and their family could be deported. In order to apply for permanent residency, undocumented students must first leave the country and apply from a foreign consulate. The current law requires that if a person has been in the U.S. without documentation for more than six months after their 18th birthday, they will be banned from returning to the U.S. for three to ten years, and would also become ineligible for a green card as soon as they’ve left the country.
Tuition Equity Laws or Policies for Undocumented Students
Over 75 percent of the nation’s foreign-born population live in states with tuition equity laws or policies, and other states are considering similar measures. Requirements of tuition equity laws and policies vary from state to state, but eligible students generally must have: attended a school in the state for a certain number of years; and graduated from high school or obtained a GED in the state. These policies are intended primarily to help young people who were brought to the U.S. by their parents and have worked hard in school with the hope of going to college but they face unconquerable obstacles. Public colleges and universities are inconsistent in their treatment of such students. A few schools deny them admission. If they are admitted, they are charged out-of-state tuition which several times is the in-state tuition rate and they are not eligible for financial aid. Those who are eligible for in-state tuition almost always need to work full-time throughout their college careers, and may need to skip semesters due to financial constraints. Experience in the states that have adopted tuition equity laws or policies suggests that such policies help U.S. citizens and immigrants of all status, by reducing high school drop-out rate, increasing the number of graduates who pursue a college degree, raising student incomes and tax contributions, and yielding array of other economic and social benefits.
Benefits to the States Adopting Tuition Equity Laws
The states that have adopted tuition equity laws or policies state that the cost of implementing them has been negligible. In-state tuition is not the same as free tuition - it is a discount, so the money paid by these students often increases school revenues because it represents income that the institution would not otherwise receive.
The Dream Act
The federal Development, Relief, and Education for Alien Minors Act, also known as the DREAM Act, serves as a symbol of hope for undocumented youth. Though the DREAM Act was never passed into law, it provided both the name Dreamer to describe these young undocumented Americans, and it created a framework for providing structured protection to deserving immigrants – those attending school, maintaining gainful employment, and otherwise free from criminal convictions. The latest version of the DREAM Act recently introduced as the bipartisan DREAM Act of 2017, represents another opportunity to pave the path to citizenship for undocumented students. This bill would allow Dreamers to reach their full potential and have the opportunity to become American in the eyes of the law, contributing to a brighter future for all Americans.
The Deferred Action of Childhood Arrivals
The Deferred Action of Childhood Arrivals (DACA) was created in 2012 under President Obama’s Department of Homeland Security. DACA was an extension of the DREAM Act. It provided a temporary fix for the absence of legislation, an executive decision that gave hundreds of thousands of young immigrants the chance to obtain legal status, and consequently, opportunities that included access to education, work and most importantly, freedom from legal persecution. More than 700,000 young immigrants have qualified for Dreamer status under DACA since its inception. Unfortunately, in September 2017, the Trump administration announced the wind-down of the programs, as well as the decision to cease taking new applications. Efforts to dismantle DACA have been among Trump’s most controversial immigration moves. For those who have earned Dreamer status, you must make the most of it while you can – find a way to enroll into college, which could grant you access to a Student Visa. It’s important to take advantage of your opportunities while they exist.