1. Serving the Needs of Undocumented AB540 Students:
What College Access Professionals Should Know (and Do)
Paz Maya Oliverez, Ph.D.
Executive Director
Futuros Educational Services

2. Who are undocumented students?
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

3. Numbers in the United States
The U.S. Census Bureau estimates that in the year 2000, approximately 2.5 million undocumented youth under age 18 were living in the U.S.
Each year, over 65,000 undocumented students graduate from U.S. high schools.

4. Why don’t they just apply for residency?
Many undocumented immigrants are not eligible to apply for residency
Applying for residency can cost families thousands of dollars
The naturalization process can take several years and some students “age out” before they establish residency

5. Similar to/Different from Peers
Similar to peers:
Low income
Poor academic preparation
First-generation college goers
Navigate educational system alone
Different from peers:
Cannot gain legal employment
Cannot acquire a driver’s license
Not eligible for government-sponsored financial aid
Live in fear of discovery/deportation

6. Know Your Students’ Rights
Undocumented students (in most states) cannot be denied admission to a college or university based on their immigration status.
Undocumented students are not required to show a state issued ID or social security card to apply for college admission.
Undocumented students are not required to show proof of legal residency or application for legal residency when enrolling in college.
If you believe a students’ rights have been violated, contact: MALDEF at or a local immigration attorney/agency for assistance.

7. AB540: California State Law
Signed into law in October 2001, Assembly Bill 540 makes undocumented students eligible to pay in-state tuition if they:
Attended a California public high school for a minimum of three years (does not have to be consecutive years)
Received HS diploma or equivalent (GED)
Will attend a public college/university in CA (CC, CSU, UC)
Students must sign a confidential affidavit.

8. State Policy CA Dream Act – SB1301
Ten states have passed in-state tuition policies.
Texas, California, Utah, Illinois, Washington, Oklahoma, New York, Kansas, New Mexico, Nebraska
Texas, Oklahoma, and New Mexico also offer state aid to undocumented students.
CA Dream Act – SB1301
Gov. Schwarzenegger vetoed previous versions of the Bill in 2005 & 2007
If passed in October of 2008, it would allow AB540 students to apply and compete for institutional aid administered by the attending college or university (i.e., State University Grant, UC Grant, scholarships, and loan programs).

9. Federal Policy 2007: DREAM Act (defeated)
If passed, it would provide conditional “lawful permanent resident status” for undocumented immigrants, age 30 years or younger, for up to 6 years, while they complete at least 2 years of college or military service.
Upon completion of the 2 years, they would be eligible to apply for legal permanent residency “green card”.
Policy would repeal Section 505 of IIRIRA which discourages states from providing in-state tuition.
Restores possibility for states to provide in-state tuition and possibly state aid.
There are complications that prevent the inclusion of federal aid, namely the IIRIRA.
Likely to be reintroduced in 2008, but potential for passage is questionable.

10. College Access Challenge #1
Students are uninformed & misinformed
Include AB540 information in all materials
Have a 1-page fact sheet for AB540 students/parents
Incorporate as part of individualized advising
Include AB540 presenters in all college-related events

11. College Access Challenge #2
Students lack mentors & encouragement
Student support groups
High school clubs (i.e., develop & advise)
Undocumented student alumni
AB540 college student groups (i.e., IDEAS)
Individualized counseling and guidance

12. College Access Challenge #3
Parents lack of college knowledge
Involve parents in college preparation process
Develop parent support groups
Provide information in parents’ native language
Connect parents to community resources

13. College Access Challenge #4
Students’ college choices 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.
Be realistic. Provide information & motivation but be realistic about the challenges.

14. College Access Challenge #5
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
General support for completing applications (if you don’t know the answer, find someone who does)

15. College Access Challenge #6
Students need assistance with
fundraising for college
Undocumented students should not complete the online FAFSA application.
If a student filed an application with INS, the student may already be eligible to receive state financial aid. Have them speak to their attorney.

16. Scholarship Tips Research scholarships without residency requirements
Develop a space for this information in your office
Update scholarship lists regularly
Provide scholarship application assistance
Proofread essays, write letters of recommendation, offer scholarship application workshops

17. Fundraising Ideas BE CREATIVE! Look to your organization:
Develop an AB540 scholarship fund
Inquire about the availability of discretionary funds
Look to student/family/community:
House parties, raffles, candy sales, etc.
Look to AB540 College Student Groups:
Scholarship opportunities
Portfolio

18. Student College Retention
Students face challenges once they are admitted.
Help students identify AB540 friendly staff at their college/university
Identify H.S. to college transition programs
Help students navigate the scholarship disbursement process
Encourage students to get involved in AB540 groups at their college/university.

19. Harsh Reality for Undocumented Students
Securing sufficient funds to pay for college remains difficult.
Students’ professional options after college are severely limited. Some undocumented students choose to continue their education through graduate studies.
Many undocumented students are not currently eligible to apply for residency.

20. …The Bright Side
There are currently 10 states that have passed legislation to provide undocumented students with in-state tuition, which shows that change is possible.
Undocumented students are still better off with a college education than without one.
Networks, knowledge, and skills.
Our nations’ lawmakers are currently debating the DREAM Act.

21. More steps you can take to help…
Connect with feeder high school and college-based counselors/advisers
Advocate for your students (i.e., scholarship providers, policymakers)
Connect with local organizations/ agencies in your community
Stay informed about policies that impact undocumented students

22. Futuros Educational Services
For more information:
Dr. Paz Oliverez
Futuros Educational Services