Opportunities for Undocumented Students

What is MALDEF? Mission Statement: MALDEF protects the civil rights of Latinos living in the U.S. through advocacy, community education, and litigation in the areas of education, employment, immigrant rights, and voting rights.

Landmark Case Plyler v. Doe (1982) All children, regardless of immigration status, are guaranteed access to K-12 public education.

What’s Next? Without in-state tuition, many undocumented students cannot afford college. Example: UT Austin Resident tuition rates for one semester: $4908 Nonresident: $16,988 Why Should We Care? By 2025 there will be 1M fewer college graduates than are needed in the workforce

Who is Eligible for Texas’ In-State Tuition Law? A student must have: Lived with a parent or guardian while attending high school in Texas Graduated from a high school or received a GED in Texas Resided in Texas for the three years leading to graduation or receipt of a GED, and provided their institutions a signed affidavit indicating an intent to apply for permanent resident status as soon as able to do so.

How it Works Applicants use tax ID # or school-provided # on the application if the student has no SSN Submit an affidavit of intent Submit a paper TAFSA to the university financial aid office (not available online) – Café College can help walk-in students! See Resources

Texas is only one of a handful of states that allows in-state tuition for some undocumented students and makes them eligible for state aid (e.g. TEXAS Grant or the Texas Education Opportunity Grant).

DACA - Deferred Action for Childhood Arrivals The Light at the End of the Tunnel???

What is DACA? -The U.S. government’s decision that it won’t, at this point in time, deport someone who lacks permission to be in the country. -It is temporary. It is not a legal status. It is not a pathway to citizenship. -DACA recipients can apply for a work permit!

Who is Eligible for DACA? Age Requirements Residence Requirements Educational Requirements Criminal Requirements

DACA Age Requirements A person must: -Have arrived in the U.S. before age 16 -Have been under 31 as of June 15, Be at least 15 to apply

DACA Continuous Residence Requirements A person must: -Have entered the U.S. by June 15, Have continually resided in the U.S. for at least 5 years immediately preceding Have been present in the U.S. on Be present the day you submit the application

DACA Educational Requirements A person must meet one of the following : -Be currently in a K-12 school or GED program -Have graduated/received a certificate of completion from high school -Have obtained a GED -Be an honorably discharged U.S. veteran

DACA Criminal Requirements A person must : -Have no felony conviction -Have not been convicted of 3 or more misdemeanors (not traffic) -Not pose a threat to national security or public safety -Have no conviction of a “significant misdemeanor”

RED FLAGS -Had any sustained contact with law or immigration enforcement authorities -Were arrested or convicted of a crime as an adult -Were arrested or convicted of a crime as a juvenile -Are/were in deportation proceedings -Left the country in the 5 years before Used fraudulent documents to work, enter the U.S., etc.

What about “Comprehensive Immigration Reform?” Senate Bill 744 (which incorporates “DREAM Act” provisions) would grant a pathway to citizenship if a person: -Entered the U.S. before 16 -Completed high school and some college/military service -Have been in a provisional status for at least 5 years -NO AGE CAP (even DREAMers in their 30s and 40s could apply) ….but, while the bill passed the U.S. Senate, it has yet to pass the House

You can be a “DREAM Activist” for your students!

Steps you can take to advocate for your undocumented students Do not ask students to self-ID. Be careful with your assumption s.. Support the federal DREAM Act. ID private scholarships for DREAMers. Be sensitive to the plight of DREAMers. Be inclusive on Career Days, etc. Set high expectations. Involve parents by offering bilingual info. Know the law that affects your students. Use your communit y partners.

Contact Information Celina Moreno Legislative Staff Attorney Mexican American Legal Defense and Educational Fund (MALDEF)