Undocumented Students and Higher Education Keeping the Dream Alive!

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Presentation transcript:

Undocumented Students and Higher Education Keeping the Dream Alive!

Under Current Law... Undocumented students are guaranteed a free k-12 public education under the equal protection clause of the 14th Amendment pursuant to the 1982 U.S Supreme Court decision, Plyer v. Doe. Federal Law does Not prohibit admission of undocumented students to public universities and colleges.

Dreamers and Education in the U.S ●Are undocumented students allowed to attend college? ●Am I required provide a Social Security Number (SSN)? ●What happens when/if the school finds out about my status? ●Would you recommend students to share their status?

Social Security Number ● While many applications ask for a Social Security Number (SSN), there is no legal obligation on the part of the university to require students to prove it. ● What should I do then? ○ Leave this section blank. ○ Common Application has special direction for DACA recipients. ○ Do NOT provide a false SSN: ■ States and/or federal laws make it a crime in some circumstances to use a false SNN- which may qualify as identity theft.

Will my school report me to DHS? ● Department of Homeland Security (DHS) does NOT require a college to determine a student’s immigration status or to report it if it comes to light.* ● *Exception: in the case of a person who came on an international student visa, the school is required to report the termination of a student’s academic status, which may possible impact her/his nonimmigrant status.

Tips for College ● Give yourself time ● KNOW YOUR APPLICATION DEADLINE! ● Research fee waivers for the application! ● Stay put for the letter of acceptance or rejection. If you don’t hear back, contact the university, you may have some missing documents! ● Acceptance letters have deadlines, you might need to confirm attendance! ● DREAM big, aim HIGH!

Affording/Paying for College ● Do undocumented students qualify for federal financial aid? ● Do undocumented students qualify for in-state tuition in NJ? ● What about private scholarships? ● State financial aid?

About those finances... ● Undocumented students do not qualify for federal financial aid. ○ This includes FAFSA ● Federal law does NOT prohibit states from providing in- state tuition to undocumented immigrants. ● As of January 2014, undocumented students in New Jersey are eligible to qualify for in-state tuition due to the passage of the New Jersey Dream Act.

What is the New Jersey Dream Act? ● Attended a NJ high school for 3 or more years. ● Graduated from a NJ high school or received the equivalent of a high school diploma in NJ. ● File an affidavit with the institution of higher education stating that the student has filed an application to legalize her/his immigration status, or will file an application as soon as she/he is eligible to do so.

● YET, even with the NJ Dream Act, undocumented students are not eligible to qualify for state financial aid. ● So, now what? ○ Certain colleges & universities may offer both merit- based scholarships and other scholarships to undocumented students. ○ There are some scholarships that do not require a social security number.

Okay. I am a DACAmented student in school... what can I do? ●Can I legally work? ●Can I study abroad?

This is when DACA comes into play. ● DACA: Deferred Action for Childhood Arrivals ● Under Deferred Action for Childhood Arrivals (DACA), undocumented students can apply for and obtain employment authorization. ○ You can legally work under DACA.

● DACAmented students can travel outside of the US for study abroad programs given the following: ○ Application for advance parole is granted. ■ USCIS stated it will grant parole for “humanitarian, education, or work purpose.” ■ In its January 2013 updated guidance, USCIS explicitly stated that educational purposes include semester abroad programs and academic research.

DACAmented and Careers Can undocumented immigrants with DACA apply for government positions (federal and state)? ● Depends on requirements ● NEVER claim to be a US citizen specially in the i-9 form which actually goes back to USCIS Work study- cannot enroll in a work study but you can certainly get a job with DACA at your school

Additional DACA Resources ● The USCIS website: ● Own the Dream Campaign and DACA resources: ● Download Pocket DACA on your mobile phone ● National Association of Latino Elected and Appointed Officials (NALEO) hotline: Call 855-DREAM-31