Undocumented Students and Admissions
Undocumented Students and Admissions Charlie Carabello Associate Director of Admissions & Enrollment University of Georgia Matthew Lopez Director of Admissions University of Utah Brad Myers University Registrar The Ohio State University
Table of Contents
A Brief History of Immigration Law and Higher Education
DACA and its Impact
State(s) of the Union
Questions and Answers
History and Context
Decisions regarding education policy are left to the states
Several Landmark Cases involving education and immigration
Still very much a state by state issue
FERPA - 1975
Family Educational and Privacy Act: •
Protects privacy of student records at educational institutions, including Citizenship Status
•
No risk of deportation when applying to college
Plyler V. Doe - 1982
1975 law (TX) in which local school districts could prevent undocumented children from enrolling public schools or charge these children tuition • K – 12 (free) education is a fundamental, protected right to all children living in the United States regardless of status • Does not define policy for higher education
IRIRA - 1996
Illegal Immigration Reform and Immigrant Responsibility Act: • Comprehensive Legislation: • Implications for legal immigration as well as illegal • Border patrol, vaccination requirements, restriction of additional government benefits, employee/employer relations
• States cannot extend benefits on basis of residency unless offered to U.S. Citizens • Does not prohibit the advancement of undocumented students into higher education
Deferred Action for Childhood Arrivals (DACA) • Executive order announced by President Barack Obama on June 15, 2012 • Gives certain undocumented youth temporary legal presence, employment authorization and relief from deportation • Renewable every 2 years*
Who Qualifies for DACA? To qualify you applicant must prove:
That on June 15, 2012 applicant…
As of the date the applicant requests DACA …
• Was under 31 years of age
• He/She has resided continuously in the United States since July 15, 2007
• Had come to the United States before his/her 16th birthday
• Was physically present in the United States; and
• Was physically present in the United States
• Is in school, has graduated from high school in the United States, or has a GED; or
• Entered without inspection by this • Is an honorably discharged veteran of date, or his/her lawful status expired as the Coast Guard or Armed Forces of of this date the United Sates
DACA Benefits •
DACAMENTED STUDENTS CAN... •
Legally Work in the United States ($$$)
•
Access to Student Employment ($$$)
•
Travel within the United States
•
Obtain a Limited-Term Drivers License
DACA Facts: •
•
DACAMENTED STUDENTS DO NOT QUALIFY FOR... •
FAFSA ($)
•
Scholarships administered through the Utah System of Higher Education colleges and universities ($)
•
Work Study
DACA IS NOT...
•
The DREAM Act
•
A Green Card
The State(s) of the Union http://www.nacacnet.org/
Georgia What started the creation of such restrictive measures? Audit of all 35 schools in the University System determine less than 500 of 300,000 students are undocumented – nearly all are paying full out of state tuition costs. Spurred on State Legislature to propose several bills to bar admissions
Georgia
Board of Regents take pre-emptive measures ◦ All applications now outline the legal penalties for “false swearing,” or knowingly providing incorrect information on the forms. ◦ Applicants must state whether they are seeking instate tuition.
◦ USG institutions must verify the lawful presence of any and all admitted applicants.
Georgia
A person who is not lawfully present in the United States shall not be eligible for enrollment at any University System institution which, for the two most recent academic years, did not admit all academically qualified applicants (except for cases in which applicants were rejected for non-academic reasons).
Georgia Significant changes to processing and registration of new students for Admissions, Registrar and Financial Aid Registration Flags for ALL students Set list of acceptable documents Check against SAVE Program at university own expense.
Utah House Bill 144 (H.B. 144) • Passed in 2002 • Grants Instate Tuition Benefits to students who meet the following criteria: • 3+ consecutive years of in a Utah high school
• Graduated with a Utah high school diploma or GED • Students has or will file an application to fix his/her immigration status as soon as he/she is eligible to do so
H.B. 144 Processing Timeline: 1. Fill out H.B. 144 Affidavit 2. Submit H.B. 144 Affidavit in person (or mail) with final high school transcripts to the Office of Admissions 3. For students applying for fall semester admissions, Affidavits are usually processed in July or August 4. Submit transcripts at least a month prior to semester tuition deadline (August for fall; December for spring; and April for summer)
Ohio 1.
2.
3.
4.
Until recently, undocumented students were technically not eligible for admission to any of the State institutions, other than as an international student. Some students, particularly those graduating from an Ohio high school, may have applied as “domestic” students. Such students would not have been eligible for financial aid or to work without a valid immigration status. Advocacy groups actively sought more flexibility for undocumented students in the higher education system, as was being experienced in other states.
Ohio In the summer of 2013, the Ohio Board of Regents released a statement approving the consideration for in-state residency if the student was approved for the Deferred Action for Childhood Arrival program (DACA). A DACA student would need to meet the normal requirements for in-state residency to actually be assessed in-state tuition.
Ohio
Two legislators shortly thereafter proposed legislation to negate the Chancellor’s order, but so far, it hasn’t moved forward. The State institutions developed procedures to implement the order; most effective for Spring Semester, 2014. The State institutions are also focused on outreach mechanisms to inform prospective and current students of the policy change.
Discussion & Questions
Table of Contents
A Brief History of Immigration Law and Higher Education
DACA and its Impact
State(s) of the Union
Questions and Answers
History and Context
Decisions regarding education policy are left to the states
Several Landmark Cases involving education and immigration
Still very much a state by state issue
FERPA - 1975
Family Educational and Privacy Act: •
Protects privacy of student records at educational institutions, including Citizenship Status
•
No risk of deportation when applying to college
Plyler V. Doe - 1982
1975 law (TX) in which local school districts could prevent undocumented children from enrolling public schools or charge these children tuition • K – 12 (free) education is a fundamental, protected right to all children living in the United States regardless of status • Does not define policy for higher education
IRIRA - 1996
Illegal Immigration Reform and Immigrant Responsibility Act: • Comprehensive Legislation: • Implications for legal immigration as well as illegal • Border patrol, vaccination requirements, restriction of additional government benefits, employee/employer relations
• States cannot extend benefits on basis of residency unless offered to U.S. Citizens • Does not prohibit the advancement of undocumented students into higher education
Deferred Action for Childhood Arrivals (DACA) • Executive order announced by President Barack Obama on June 15, 2012 • Gives certain undocumented youth temporary legal presence, employment authorization and relief from deportation • Renewable every 2 years*
Who Qualifies for DACA? To qualify you applicant must prove:
That on June 15, 2012 applicant…
As of the date the applicant requests DACA …
• Was under 31 years of age
• He/She has resided continuously in the United States since July 15, 2007
• Had come to the United States before his/her 16th birthday
• Was physically present in the United States; and
• Was physically present in the United States
• Is in school, has graduated from high school in the United States, or has a GED; or
• Entered without inspection by this • Is an honorably discharged veteran of date, or his/her lawful status expired as the Coast Guard or Armed Forces of of this date the United Sates
DACA Benefits •
DACAMENTED STUDENTS CAN... •
Legally Work in the United States ($$$)
•
Access to Student Employment ($$$)
•
Travel within the United States
•
Obtain a Limited-Term Drivers License
DACA Facts: •
•
DACAMENTED STUDENTS DO NOT QUALIFY FOR... •
FAFSA ($)
•
Scholarships administered through the Utah System of Higher Education colleges and universities ($)
•
Work Study
DACA IS NOT...
•
The DREAM Act
•
A Green Card
The State(s) of the Union http://www.nacacnet.org/
Georgia What started the creation of such restrictive measures? Audit of all 35 schools in the University System determine less than 500 of 300,000 students are undocumented – nearly all are paying full out of state tuition costs. Spurred on State Legislature to propose several bills to bar admissions
Georgia
Board of Regents take pre-emptive measures ◦ All applications now outline the legal penalties for “false swearing,” or knowingly providing incorrect information on the forms. ◦ Applicants must state whether they are seeking instate tuition.
◦ USG institutions must verify the lawful presence of any and all admitted applicants.
Georgia
A person who is not lawfully present in the United States shall not be eligible for enrollment at any University System institution which, for the two most recent academic years, did not admit all academically qualified applicants (except for cases in which applicants were rejected for non-academic reasons).
Georgia Significant changes to processing and registration of new students for Admissions, Registrar and Financial Aid Registration Flags for ALL students Set list of acceptable documents Check against SAVE Program at university own expense.
Utah House Bill 144 (H.B. 144) • Passed in 2002 • Grants Instate Tuition Benefits to students who meet the following criteria: • 3+ consecutive years of in a Utah high school
• Graduated with a Utah high school diploma or GED • Students has or will file an application to fix his/her immigration status as soon as he/she is eligible to do so
H.B. 144 Processing Timeline: 1. Fill out H.B. 144 Affidavit 2. Submit H.B. 144 Affidavit in person (or mail) with final high school transcripts to the Office of Admissions 3. For students applying for fall semester admissions, Affidavits are usually processed in July or August 4. Submit transcripts at least a month prior to semester tuition deadline (August for fall; December for spring; and April for summer)
Ohio 1.
2.
3.
4.
Until recently, undocumented students were technically not eligible for admission to any of the State institutions, other than as an international student. Some students, particularly those graduating from an Ohio high school, may have applied as “domestic” students. Such students would not have been eligible for financial aid or to work without a valid immigration status. Advocacy groups actively sought more flexibility for undocumented students in the higher education system, as was being experienced in other states.
Ohio In the summer of 2013, the Ohio Board of Regents released a statement approving the consideration for in-state residency if the student was approved for the Deferred Action for Childhood Arrival program (DACA). A DACA student would need to meet the normal requirements for in-state residency to actually be assessed in-state tuition.
Ohio
Two legislators shortly thereafter proposed legislation to negate the Chancellor’s order, but so far, it hasn’t moved forward. The State institutions developed procedures to implement the order; most effective for Spring Semester, 2014. The State institutions are also focused on outreach mechanisms to inform prospective and current students of the policy change.
Discussion & Questions
