What Are Your State’s Policies Towards Immigrant Access to Higher Education?

It’s October and many high school seniors across the country are busy preparing to apply for college, which means that teachers, guidance counselors, parents and others are also busy — helping students fill out FAFSAs, select schools, revise essays, and write recommendation letters among other tasks.  Each year, an estimated 65,000 of these soon-to-be graduated youth are unauthorized immigrant students who were brought to the U.S. as children, and who face distinct challenges from their peers when accessing college. 

While guaranteed a right to public K-12 education under the 1982 Supreme Court ruling in Plyer v. Doe, there is no corresponding federal edict for how unauthorized youth are to be treated in a post secondary setting. As a result, many states have responded in diverse ways with some states allowing for tuition equity and financial aid and others barring unauthorized students from enrollment, and still others with no explicit policy governing access towards higher education for unauthorized youth. 

You can find out what your state policies are towards immigrant access to higher education on this map from the National Immigration Law Center (NILC). Specific state information and context can also be found on this interactive map from America’s Quarterly.

A recent commentary on state legislation from the Migration Policy Institute (MPI) notes that “since 2001, 17 states have enacted measures that would allow qualified unauthorized immigrant youth, often referred to as DREAMers, to pay resident tuition rates at their postsecondary institutions.”  Click to read the full commentary and to view a chart of the post secondary policies for the top 15 states of residence for Deferred Action for Childhood Arrivals (DACA) youth.

Immigrants have and will continue to contribute to American public education. As our demography continues to shift, the contributions immigrants make in our communities and classrooms will help bring to light that education opens opportunities for career and civic engagement as proven by our immigrant past.  Simply put, we have much to lose in our immigrant future by not investing in the aspirations of all our students.

Additional Resources:

• Read our previous blog post, “Navigating College Application for Unauthorized Students” addressing frequently asked questions that may arise when assisting youth.  In particular, we highlighted Educators for Fair Consideration (E4FC)’s Educator’s Guide as another good source of information on broaching potentially sensitive topics with students.

• The DACA program created in 2012 provides temporary relief from deportation and work permits for up to two years if unauthorized youth meet age and other requirements. For information on DACA, please read the American Immigration Council’s DACA Resource Page.

The American Immigration Council offers free lesson plans, resources, book/film reviews, and grants to teach immigration. We also welcome teacher and student book reviews and contributions to our blog. Email us at teacher@immcouncil.org and follow us on twitter @ThnkImmigration. 

Potential To Change Mindsets: Spare Parts Film Review

                The film, “Spare Parts” is both emotionally uplifting and disheartening, and a film that can resonate with the viewer on both these levels is worth watching.  Based on the true story of four undocumented students and their quest to compete in a national robotics championship against the likes of prestigious, well-funded universities such as MIT, the film recounts a compelling tale of the underdog, which is why it made a successful article when it first appeared in Wired magazine in 2005 and a popular book written by the same author, Joshua Davis.  (A book review by us can be found here).  There is something fundamentally relatable about the pursuit of individual dreams and Hollywood capitalized on this phenomenon, while to its credit, showed that part of this dream remains unfulfilled.  

Center for American Progress "Reel Screen" Event, Jan 13, 2015

As expected, some creative license was taken in plot and character development.  The additions of Oscar-winner Marisa Tomei as a potential love interest and Jamie Lee Curtis as a hardworking principal, help to add levity and depth to the film demonstrating that no one achieves their dreams solely on their own, and even the most driven and talented among us need support.  George Lopez, the producer and lead actor of the film, does not try to make this a “Stand and Deliver” type film where the focus is primarily on the teacher.  He shares the screen with a talented cast of young actors, Carlos PenaVega (Oscar Vasquez), David Del Rio (Cristian Arcega), and José Julián (Luis Santillan) who were convincing in their slow-to-grow camaraderie.  (One of them in particular, José Julián, was a shoe-in for a former student of mine).  The tradeoff for those filmmaking decisions was a less accurate portrayal of the story as written by Davis, but the movie gains an emotional tenor that at times felt missing from the book.  As you watch the film version, you are rooting for the boys even if you know what happens, and every stumbling block they encounter in building their robot seems only to vaguely echo the enormous blocks they face in their home lives, at school, their aspirations, and US immigration laws and policy.    

It’s important to remember while watching this film, that it is not just a story of four undocumented youths; it is the story of thousands of undocumented youth.  The Pew Hispanic Center estimates that there are roughly 1.7 million undocumented students under age 30, who are enrolled in high school, have graduated or obtained a GED, or are currently enrolled in elementary or middle school.  Of those, each year 65,000 graduate from American high schools, and they face the bleak landscape encountered by Oscar Vasquez, Lorenzo Santillan, Christian Arcega, and Luis Aranda when they graduated high school, albeit with several state-based DREAM acts that have been passed which make it possible though not easy for immigrant students to access higher education.  According to the National Council of State Legislatures, since 2001, 18 states have passed legislation that permits undocumented students to pay the same tuition rates as their peers, and recognizing the financial barriers these students face, four states – Texas, California, New Mexico, and Washington -- have passed laws allow undocumented students to access publicly funded education grants. Still, three states—Arizona, Georgia and Indiana—prohibit undocumented students from receiving in-state tuition rates while Alabama and South Carolina do not allow undocumented students to enroll at any public postsecondary institution. 

The conclusion of this film touches upon the political circumstances that have so profoundly shaped these young lives.  Images of Senator Dick Durbin [D-IL], chief proponent for the Dream Act, are shown at the film’s end, and at a recent Washington DC screening event on January 13, 2015 sponsored by the Center for American Progress, the Senator along with Oscar Vazquez, George Lopez, and Carlos PenaVega were also present and spoke not only about the film, but also about its ability to reach a wide audience and its potential to change mindsets.  In a Q&A session after the film, Lopez made clear his hope for the film to reach grander heights than a “feel-good” Hollywood movie.  “A team of four becomes a team of hundreds of thousands”, he said, referring to the viewers of the film who may be spurred to action.  Vazquez remarked, “I know there are quite a few people going through this right now…Hopefully this gives them the shot they deserve.”

Prepare to be entertained and informed while watching this film.  The film will be released in theaters on Friday, January 16, 2015.

For more information on the educational attainment of undocumented youth, barriers to college access, as well as policy recommendations, please read a comprehensive report “Removing Barriers to Higher Education for Undocumented Students” written by Zenen Jaimes Perez from the Center for American Progress passed out to those who attended the film screening. 

Book Review: Spare Parts Four Undocumented Teenagers, One Ugly Robot, and the Battle for the American Dream

Author Joshua Davis tells the true story of four undocumented teenagers from an impoverished section of Phoenix, Arizona who build a ragtag robot nicknamed “Stinky” out of spare parts to compete in a national robotics championship against the likes of MIT among other prestigious, well-funded universities.  This brave and unlikely team combats more than their competitors.  They also fight the vehemence of anti-immigrant sentiment, laws designed to prevent their advancement in society and a pervasive fear of deportation.  Even so, they deal with typical teenage issues of insecurity and fitting into high school culture.   They find their way with the support of each other and the backing of two teachers, Fredi Lajvardi and Allan Cameron.    

This story first appeared in Wired Magazine in 2005 where Davis wrote about Oscar Vasquez, Lorenzo Santillan, Christian Arcega, and Luis Aranda, the four teens who possessed a sizeable amount of grit, determination, charm, and an endearing adolescent awkwardness. Since publication, the article has attracted the attention and wonderment of readers drawn to a story of the underdog, a story that feels simultaneously mythical, real, and as elusive as its premise, the American Dream. Though that tale is entertaining and inspiring, this book resounds most when it uncovers intersections of how law and policy affect the everyday lives of undocumented students, students who are more American than Mexican in this case, students who have spent the better part of their lives growing up in the US. 

At various points, the boys and their teachers are confronted with a harsh reality of laws enacted to limit the boys’ ability to move freely, drive a car, enlist in the armed forces, go to college, and find desirable employment that matches their levels of education and intelligence. On a trip back to Phoenix where they visited a San Diego based ROV manufacturer to improve their robot in time for the competition, their van is stopped unexpectedly at an immigration checkpoint on I-10 near Yuma, Arizona.  As Oscar imagines being torn from his family, the agent waves them on across the border.  Davis writes “suddenly, their desire to see the ocean and learn more about robots seemed foolish and maybe even a bit reckless.”

Ten years later, a movie version will be released on January 16, 2015.  It’s with little doubt that the Hollywood film will capture well the underdog theme which is both entertaining and inspiring.  (A film review by us is forthcoming). What is not as uplifting is what happens to the boys after the competition, what happens as they become men.   To be sure, they lose none of their integrity, but we as a nation are implored to ask ten years later, with respect to our immigration laws and policy, have we? 

Sign up to stay connected with our updates on education and immigration as well as learn about our community grants program.  Follow us at twitter at thnkimmigration @immcouncil #teachimmigration

Navigating College Applications for Undocumented Students

Photo Credit: Aaron Brown

It’s that time of year again for juniors to prepare their college applications.  While many of their peers are anxiously completing this harrowing process, many undocumented students may be unaware or uncertain that they too are eligible to apply to most colleges and universities. According to the College Board, there are 65,000 undocumented students who graduate from high school each year, but many of them don’t apply for higher education for legal and financial reasons.  After all, since in many states they can’t apply for a driver’s license, they may reason that they can’t apply to college either.  What follows is a brief guide to navigating some of the legal and financial barriers undocumented students face when applying to college and to connect you and students with trusted resources. 

As an undocumented student, am I eligible to apply to college?

YES!  There is no federal or state law that prohibits the admission of undocumented immigrants to college.  You do not have to prove citizenship in order to attend college according to federal and state law, but some institutions may still ask.  An undocumented student may be treated as a foreign student, thereby making him or her ineligible for financial aid, or in some rare cases, he or she may be refused admission.  It is important to check at each institution first to see if they require legal residency or citizenship.  This map compiled by the National Immigration Law Center details current state laws and policies on access to higher education for undocumented students as of July 2014.

That’s great, but how am I going to pay for it?

This is perhaps the greatest obstacle for any student, but especially challenging for undocumented students. Undocumented students are not eligible for federal and state financial aid (including loans, grants, scholarships or work-study money) and many private scholarships are only open to citizens or legal residents.  However, increasingly more states are providing in-state tuition rates for their undocumented students and there are some private scholarships available.  The College Board’s Repository of Resources for Undocumented Students, while not exhaustive, outlines several state and private scholarships available.  There is a likelihood that both these lists will keep growing as more states are pushing immigration reforms.

How am I going to fill out an application form if I have to reveal my immigration status?  

BestColleges.com, a resource for prospective students, provides useful information on key application concerns for undocumented students in their College Guide for Undocumented Students.  In addition to gathering all the usual transcripts, recommendation letters, personal essays, etc, undocumented students may have to account for changes in address, schools, and how long they have lived in the US.  Two areas of particular concern in the application include are: the Social Security number and Country of Citizenship.  In these cases, BestColleges.com recommends marking “No Selection” or skipping the question.  It is important not to lie on the application and to remember that under FERPA (Family Educational Rights and Privacy Act), federal law prevents any educational institution including high schools and colleges from releasing immigration status unless under court order.  For more information about what can be released about students, refer to the U.S. Department of Education website.

*As an educator or school official, keep in mind that a student may not be forthcoming about their immigration status for fear of deportation and that this is an understandably a sensitive issue.  In a brief chart titled Talking to Students About Sensitive Subjects, Katharine Gin of Educators 4 Fair Consideration (E4FC) highlights talking points to navigate the higher education discussion with students.  It is important to keep a positive mindset when talking with students noting that college for them is possible and thousands of undocumented students have done it!

How will the recent Immigration Accountability Executive Action affect undocumented students seeking to go to college?

Essentially, the most significant change for undocumented students is the expansion of the Deferred Action for Childhood Arrivals or DACA program.  “DACA is a prosecutorial discretion program administered by United States Citizenship and Immigration Services (USCIS) that provides temporary relief from deportation (deferred action) and work authorization to certain young people brought to the United States as children—often called “DREAMers.” While DACA does not offer a pathway to legalization, it has helped over half a million eligible young adults move into mainstream life, thereby improving their social and economic well-being. On November 20, 2014, the Administration modified the DACA program by eliminating the age ceiling and making individuals who began residing here before January 1, 2010 eligible. Previously, applicants needed to be under the age of 31 on June 15, 2012, and to have resided here continuously since June 15, 2007. Moreover, the Administration announced that DACA grants and accompanying employment authorization will, as of November 24, 2014, last three years instead of two. While USCIS will continue to take applications and renewals under current eligibility criteria, those eligible under the new criteria should be able to apply within 90 days of the announcement” (American Immigration Council Immigration Accountability Executive Action Guide)

United We Dream provides helpful resources for enrolling in the DACA program including an online screening tool to determine eligibility.  Benefits of DACA include getting a social security number and getting a job with benefits, so a student, among other advantages, can work as he or she attends college to help defray costs! 

The Administrative Relief Resource Center also provides resources on administrative relief and steps on how individuals can prepare for enrollment in both English and Spanish. 

Resources Cited and Additional Guidance:

American Immigration Council

·         Executive Action on Immigration:  A Resource Page

BestColleges.Com

·         College Guide for Undocumented Students

College Board

·         Advising Undocumented Students

·         Repository of Resources for Undocumented Students

Committee for Immigration Reform Implementation (CIRI)

·         Administrative Relief Resource Center

Educators 4 Fair Consideration (E4FC)

·         2012-2013 Financial Aid Resource Guide for Undocumented Students 

·         2013-2014 Undergraduate Scholarship List & Guide

·         2013-2014 Graduate Scholarship List & Guide

National Immigration Law Center

·         Access to Education

United We Dream

·         Deferred Action for Childhood Arrivals