1. Advising Undocumented Students Understanding DACA vs. DAPA vs. The DREAM Act and the Resources and Regulations for Students in the State of New Jersey

2. Agenda What does it mean to be an undocumented student? What is DACA, DAPA, and Dream Act and what does it mean for students in New Jersey? Financial Aid Who is and isn’t eligible for federal and state aid? What types of aid are available for DACAmented students? Frequently Asked Questions Best Practices What is being offered at different institutions? How do we reach potential students? Q&A

3. What does it mean to be undocumented? Just like most students, students with an undocumented status seek some form of financial aid. Students with undocumented status face unique challenges and barriers to obtaining aid and finding resources.

4. Undocumented Definition A person who lacks the necessary documents for immigration or legal residence within the United States Entered legally on temporary basis and remained after visa expired Entered the US without inspection or documents Brought to the US by someone else Minors

5. How many undocumented students are there? Nationally, there are approximately 1.7 Million undocumented people under the age of 30 In New Jersey there are approximately 77,000 53% are between the age of 18 and 26 18% are between the age of 15 and 17 Nationally, approximately 75% come from Mexico and Latin America In New Jersey: Approximately 65% come from Mexico and Latin America If you include the Caribbean the number is approximately 71% Approximately 18% are from Asia Approximately 64% speak Spanish

6. Not An Equal Playing Field 40% of undocumented students do NOT complete high school Only 8% of US born peers do not Resources and Financial Aid vary significantly California, Minnesota, New Mexico, Texas, and Washington offer state aid to undocumented students who meet certain qualifications Some states including New Jersey offer In-State Tuition for undocumented students who meet certain qualifications Many scholarships require a FAFSA in order to determine need There ARE scholarships that encourage students to apply regardless of documented status

7. DACA – Deferred Action for Childhood Arrivals DACA is “Deferred Action” Halts/suspends removal proceedings Eligible to remain in the US without fear of deportation Allows individuals to apply for work authorization to work legally In some cases can satisfy the requirement for intent to file for legal status for Dream Act Must be renewed every 2 years (generally does not lead to deportation) Can be revoked at any time DACA does NOT Give a direct path to citizenship Grant students the ability to receive federal financial aid Does not guarantee permanent legal status *It is not necessarily required in states that grant state aid to eligible undocumented students

8. DACA – Who May Be Eligible? Were you under the age of 31 as of June 15, 2012? NOT ELIGIBLE TO APPLY FOR DACA NO Did you arrive before your 16 th birthday? NO Have you remained in the US since June 15, 2007 up to the present time? Were you physically present in the US on June 15, 2007 and at the time of your request? Did you have lawful status on June 15, 2012? NO YES Are you currently in school, graduated/received a GED HS, or honorably discharged vet of the Nat’l Guard/ Armed Services of the US? Have you ever been convict ed of a crime?* NO Are you now, or have you ever been in removal proceedings YES No Yes Are you at least 15 yrs old? NO YOU MAY BE ELIGIBLE TO APPLY FOR DACA

9. DACA – A Few Things to Consider Due to a court order, all requests to expand DACA are suspended The guidelines are the same as were established in 2012 People can still apply and renew DACA as long as they are eligible under the original guidelines It is 2016 and students may have entered after 2007 and still have attended all four years of high school in NJ and may be interested in the NJ Dream Act UCSIS still believes that the expansion will begin later this year

10. DACA – The Expansion Although currently suspended, the expansions if implemented would include the following: Came to the U.S. under the age of sixteen; Have lived in the U.S. continuously for 5 years beginning on January 1 st, 2010; Are currently attending school, have graduated a U.S. High School, or obtained a GED, or are honorably discharged from the Coast Guard or U.S. Armed Forces; Haven’t been convicted of any serious misdemeanor crimes, multiple misdemeanors, or any felonies, and are not a threat to public safety or national security; and The prior age cap of 30 has been eliminated. Therefore, individuals who meet the above 4 requirements may apply regardless of their current age Renewed every 3 years * http://www.lebpc.com/Immigration-Law/Dream-Act-for-US-Students.aspx

11. DACA – Renewals Must be eligible under the requirements that made the individual eligible when originally filed Must be submitted no less than 120 days and no more than 150 days prior to the expiration of the current period of deferred action

12. DAPA – Deferred Action for Parents of Americans and Lawful Permanent Residents Due to the court order, UCSIS is not accepting DAPA requests at this time Eligible to remain in the US without fear of deportation Eligible for work authorization, on a case by case basis, for a three year period *A parent does not need to file for DAPA for an eligible student to receive Federal or State Aid!

13. DAPA – Who May Be Eligible? Have you lived in the US continuously since Jan. 1, 2010? NOT ELIGIBLE TO APPLY FOR DAPA NO Were you physically present in the US on Nov. 20, 2014 and at the time you made the request? Did you you have lawful status on Nov. 20,2014? As of Nov.20, 2014, did you have a son or daughter who is a US Citizen or lawful US resident? NO YES Have you ever been convicted of a felony, serious misdemeanor, three or more misdemeanors; or otherwise pose a threat to US Security? NO YES YOU MAY BE ELIGIBLE TO APPLY FOR DAPA

14. Eligible Students with Undocumented Parents Student reports own SSN and status Reports parent(s) social security # as 000-00-0000 Reports student and parent earned income on FAFSA Mails parent signature for FAFSA processing Eligible to be considered for all federal aid As long as parents are NJ residents, may be eligible for state aid May be denied initially, but the appeal process is very straight-forward and often successful When NJ HESAA denies a student TAG for residency, it may not be clear that they can appeal and receive TAG!

15. NJ State Residency Petition for TAG Proof of NJ high school enrollment, graduation from a New Jersey high school, or a New Jersey GED A copy of the parent's or student's New Jersey resident income tax return transcript A copy of the parent's or student's New Jersey driver license or state identification Evidence of the parent’s or student’s home ownership or a long-term lease in New Jersey Additional documentation as may be deemed necessary by HESAA upon specific review of the student's application

16. NJ Tuition Equality Act a.k.a. NJ Dream Act Under the NJ Dream Act, students may be eligible for in-state tuition Attended high school in NJ for three or more years Graduated from a high school in NJ and received a diploma or equivalent Registers as an entering student or is enrolled in a public institution in NJ not earlier than Fall 2013- 2014 Files an affidavit with the institution of higher education stating that the student has filed an application to legalize immigration status or will file an application as soon as eligible to do so Different schools may have different departments or procedures for managing this. Please check with your institution to find out how this is managed.

17. DIFFERENCE - DREAMers and DACA In 2010, the DREAM Act (Development, Relief and Education for Alien Minors) failed to pass in the House. It specified a six-year path for illegal aliens to eventually become US citizens if: They were brought to the US before the age of 16, are pursuing education or military service They have been in the country for five years continuously They have a clean criminal record They are between the ages of 12 and 35 at the time of the bill’s enactment. While the DREAM Act failed, the name stuck, and now the term DREAMers applies generally to illegal aliens under the age of 35 seeking full or partial legalization/amnesty and/or taxpayer subsidized tuition DACA - Deferred Action for Childhood Arrivals In 2012, President Obama unilaterally implemented a new program called Deferred Action for Childhood Arrivals (DACA).

18. NJ Dream Act Is Not DACA Students applying for the Dream Act, may or may not be eligible to file for DACA Many students and professionals tend to interchange these when speaking about either one A student inquiring about DACA should be advised to speak with the appropriate department and/or legal services before filing an I-821 One is not required to file for the other You can be eligible for one and not the other

19. Financial Aid Advisement Scholarships On-Campus Employment (not Federal Work Study) Resident Advisor Student Assistant Off-Campus Employment (if student obtains work authorization when applying for DACA) Career Services Petition for in-state residency! Payment Plans Private Educational Loans (with an eligible co-signer) Community College (and transfer) Net Price Calculators

20. Tips…avoiding the Tricks Avoid Immigration Scams! Applicants should be aware of immigration scams. Unauthorized practitioners of immigration law may try to take advantage of individuals by charging them money to obtain or submit forms related to DACA or communicate with USCIS on their behalf. TIP RESOUCES: Visit www.uscis.gov/avoidscams or www.uscis. gov/eviteestafas for tips on how to find authorized legal assistance and how to recognize and avoid immigration services scams. Official U.S. Government Web sites should be the main source of information on DACA and immigration services. Go to www.uscis.gov to learn more. Need legal immigration advice, be sure to use an authorized professional. This means an attorney in good standing or a Board of Immigration Appeals (BIA) accredited representative. Check the BIA Web site for a list of attorneys who provide immigration services for low to no cost and for a list of disciplined attorneys. Also, check the American Bar Association or State bar association for legal services in your State.

21. Panel Discussion Q&A

22. Resources What types of resources can we offer to undocumented students?

23. Financial Aid - Scholarships Scholarship Resource Sites www.MALDEF.org – Mexican American Legal Defense Fund www.MALDEF.org www.migrant.net – GENESEO Migrant Center www.migrant.net http://www.e4fc.org/resources.html - Educators for Fair Consideration http://www.e4fc.org/resources.html Latino College Dollars Scholarships for Hispanics FastWeb Get Ready for College

24. Legal Resources If you are not sure whether the person will qualify for NJ Dream, DACA, or any other visa status refer them to legal services such as: American Friends Service Committee Immigrant Rights Program Catholic Charities Casa Esperanza Legal Services of NJ MCOHA Wind of the Spirit CEUS Camden Center for Law and Social Justice Northeast NJ Legal Services PRAB LALDEF On campus legal services (if applicable) http://www.e4fc.org/resources.html