UndocuAlly Program for Educators: Developing Effective Partnerships between Faculty,

Staff, and Undocumented Students

AB540 & Undocumented Student CenterUniversity of California, Davis

May 27th,2015

Facilitators

Andrea Gaytan, Director, AB540 and Undocumented

Student Center

Marcus Tang, Attorney/Legal Fellow, UC Davis Immigration

Law Clinic

Vanessa Segundo, Education and Training Coordinator,

AB540 and Undocumented Student Center

Overview• History of the UndocuAlly Program for Educators

• Terminology and Data

• Laws and Policies

• Experiences and Challenges

• Best Practices

• The UndocuAlly Program for Educators (UPE), open to UC Davis faculty, staff, and graduate/professional students. • UndocuAlly is a term used to identify campus allies for

undocumented students.

• Goal: Assist educators in developing and enhancing their working knowledge regarding servicing undocumented student populations at UC Davis.

History and Vision

• During fall 2014 quarter, two focus groups were held in which 35 faculty, staff, and graduate students participated• Feedback was provided in two ways: individual

responses, group dialogue, and written group responses.

History: Our Process

• The majority of definitions provided by participants that defined an undocumented student revolved within legal and political contexts• All responses provided by participants indicated negative

associations between experiences and challenges undocumented students face regarding, living a “life of secrecy.”

Source: AB540 & Undocumented Student Center http://undocumented.ucdavis.edu/education/FocusGroupReport2014.pdf

History: Educator Perspectives

• The responses that activated lively dialogue was provided by participants was regarding privilege, race, and positionality. • “‘Where are you from?’ Having to face that several times a

day, means you don’t fit here. You don’t fit into the cookie cutter Davis. The intent may not be malice, but the impact is making a student feel unwelcome.”

History: Educator Perspectives

• Participants agreed that they felt a sense of helplessness for not being well versed in legal terminology and policies. They stated that the majority of the time, the student knows more than they do in relation to navigating campus resources. • “The student will be the expert, having gone through all the

campus departments, but the stress of having to teach me causes more stress.”

History: Educator Perspectives

Focus Areas Goals• Laws and policies affecting

undocumented students• Statistics regarding the undocumented

student population at UC Davis• Mental health concerns experienced by

undocumented students• Undocumented student narratives

• Articulate experiences and challenges of undocumented students

• Become familiar with federal and state legislation that affects undocumented students

• Identify and make a commitment to use immigrant sensitive language

• Personalize best practices and interventions

History: Learning Objectives

UndocuAlly Progam for Educators

• An undocumented individual is a non-citizen living in the U.S. without authorization, in the form of valid immigration status, from the federal government.• (1) entered without inspection, or • (2) entered with a valid visa or other status, and overstayed the

authorized duration of that status

Defining “Undocumented”

Generally, undocumented individuals:• Face imminent threat of detention and/or deportation• Do not have permission to work• Cannot leave the United States and return• Cannot obtain Social Security numbers• Cannot obtain driver licenses in most states• Are ineligible for most public benefits

Defining “Undocumented”

How would using the ‘i’ word make a student feel?

How would the use of this term impact your ability to provide services to students?

The “I” Word

• 200-250K undocumented students enrolled in college

• 10% of undocumented 16-24 year olds go on to college• compared to 25-30% of the total population

• Most go on to 2 year colleges

M. H. Lopez, Director of Hispanic Research, Pew Center, personal communication, Washington, DC, February 7, 2014. As noted in: In the Shadows of the Ivory Tower: Undocumented Undergraduates and the Liminal State of Immigration Reform.

National Estimates

Undocumented Students at the U.C.

Predominantly Asian and Latino

Low income (97% received financial aid in AY13-14)

Over 2,000 students across all 9 campuses

Including medical, law, and professional/graduate school

Admissions criteria does not change

UC Davis GrowthAt UC Davis: Academic Year # of Students benefitting from

CA DREAM Act

12-13 78

13-14 184

14-15 273

Data as of January 2015 provided by UC Davis Financial Aid

Laws and Policies Affecting Undocumented Students

Legal Information vs. Legal AdviceTrue or FalseLegal information involves educating a person about what the law is.

Legal advice involves making determinations or recommendations based on analysis of the law as it applies to a person’s specific situation.

Anyone can give legal advice.FALSE!

TRUE!

TRUE!

Legal Information vs. Legal Advice

When in doubt, refer the student to consult with an attorney.

Race and Immigration Policy

Key developments in federal immigration law inform how we understand the marginalized experiences of undocumented students of color.

1882Chinese

Exclusion Acts

1924National

Origins Quota System

1965Immigration Act of 1965

1996Welfare

Reform Act of 1996

2013Comprehensive Immigration

Reform*

Overview of Laws and PoliciesFederal• Process for Obtaining a Green Card• Comprehensive Immigration Reform• Proposed legislation!

• Deferred Action (DACA & DAPA)• The Constitutional Right to Free K-12 Education

State• In-State Tuition at Public Universities• State-Based Financial Aid• Professional Licenses• Driver Licenses

Federal Laws and Policies

Comprehensive Immigration Reform

• Would provide a pathway to citizenship for the majority of undocumented individuals living in the United States.

• Includes the Federal DREAM Act

What is deferred action?

• Deferred action is a use of prosecutorial discretion by immigration authorities to suspend deportation proceedings for a certain period of time.

• Born after June 15, 1981• Arrival before 16th birthday• Qualifying education or military status• Continuous residence since June 15, 2007• No severe criminal history

Eligibility

• Temporary protection from deportation• Permission to work• Social Security Number• CA Driver’s License / CA I.D. Card• Medi-Cal (if otherwise eligible)• Possible to travel abroad

Benefits

Deferred Action for Childhood Arrivals

Deferred Action for Parents of American Citizens and Lawful Permanent Residents*

• Parent of a U.S. citizen or lawful permanent resident• Continuous residence since January 1, 2010• Are not an “enforcement priority” (no severe

criminal history)Eligibility

• Temporary protection from deportation• Permission to work• TBA…

Benefits* Pending federal litigation

What Deferred Action is NOT:

• Permanent• Guaranteed• A law• Legal immigration status• A pathway to lawful permanent resident status or

U.S. citizenship

The Constitutional Right to Free K-12 Education

U.S. Supreme Court has held that undocumented children are entitled to the same K-12 free, public education system that the state provides to children who are citizens or LPRs.• Plyler v. Doe (1982)

Immigration Status: A Spectrum

Undocumented

Undocumented with DACA

Nonimmigrant Visa (i.e.

Student visa)

Lawful Permanent Residence/ Green Card

U.S. Citizenship

Stronger rights and benefits

Weaker rights and benefits

Rights & Benefits of U.S. Citizens

• Permission to work• Eligibility for federal financial aid• Free, public K-12 education• Can leave the U.S. and return

• Without time restrictions• Can petition certain family members to immigrate

• Including immediate relatives without much delay• Eligibility for public assistance

• Without waiting periods• Authorization to be in the U.S.

• Permanently• Not subject to potential detention and/or deportation by ICE

• Can vote in U.S. elections and serve on juries

Rights & Benefits of Lawful Permanent Residents

• Permission to work• Eligibility for federal financial aid• Free, public K-12 education• Can leave the U.S. and return

• Without time restrictions• Can petition certain family members to immigrate

• Including immediate relatives without much delay• Eligibility for public assistance

• Without waiting periods• Authorization to be in the U.S.

• Permanently• Not subject to potential detention and/or deportation by ICE

• Can vote in U.S. elections and serve on juries• Pathway to citizenship

Rights & Benefits of Student Visa Holders

• Permission to work (with limitations)• Eligibility for federal financial aid• Free, public K-12 education• Can leave the U.S. and return

• Without time restrictions• Can petition certain family members to immigrate

• Including immediate relatives without much delay• Eligibility for public assistance

• Without waiting periods• Authorization to be in the U.S.

• Permanently• Not subject to potential detention and/or deportation by ICE

• Can vote in U.S. elections and serve on juries• Pathway to citizenship

Rights & Benefits of Undocumented Immigrants

• Permission to work• Eligibility for federal financial aid• Free, public K-12 education• Can leave the U.S. and return

• Without time restrictions• Can petition certain family members to immigrate

• Including immediate relatives without much delay• Eligibility for most forms of public assistance

• Without waiting periods• Authorization to be in the U.S.

• Permanently• Not subject to potential detention and/or deportation by ICE

• Can vote in U.S. elections and serve on juries• Pathway to citizenship

Rights & Benefits of DACA Recipients

• Permission to work• Eligibility for federal financial aid• Free, public K-12 education• Can leave the U.S. and return (for limited purposes)

• Without time restrictions• Can petition certain family members to immigrate

• Including immediate relatives without much delay• Eligibility for most forms of public assistance

• Without waiting periods• Authorization to be in the U.S. (but still without immigration status)

• Permanently• Not subject to potential detention and/or deportation by ICE

• Can vote in U.S. elections and serve on juries• Pathway to citizenship

State Laws and Policies

The Challenge of Paying for Higher Education

• Undocumented students:• No automatic in-state tuition• Ineligible for federal financial aid.• No work authorization*

*Unless student qualifies for DACA/DAPA

Nationwide Overview of Access to Higher Education

Source: Americas Quarterly (http://www.americasquarterly.org/dreamers-access-higher-education)

Spotlight: California AB 540• California law that allows a qualifying student who would

otherwise not be eligible for in-state tuition to pay in-state tuition fees at any UC, CSU, or CA community college.• Eligibility Requirements:• Attended a CA high school for 3+ full academic years• Graduated from a CA high school, attained a G.E.D., or

passed the CA High School Proficiency Exam• In addition to other requirements

How Do CA Students Identify?“Undocumented Student” vs. “AB 540 Student” vs. “DACAmented Student”:

Undocumented Students (“Dreamers”)

DACA Students(“DACAmented”)AB 540

Students

Professional Licenses• Florida: New law enacted in 2014 allows undocumented immigrants

with a Florida law degree to apply for admission as attorneys to the Florida State Bar Association (HB 755).

• California: New law enacted in 2015 allows undocumented immigrants to apply for professional licenses in the state (SB 1159).

Nationwide Overview of Driver Licenses

Source: National Immigration Law Center

Education Non-Education

• In-state tuition for undocumented students

• State-based educational financial aid• Eligibility for need-based

grants and institutional scholarships

• State-based loans• Professional licenses for

undocumented individuals

• Driver Licenses• Access to state-based public

assistance• Access to healthcare

programs• Access to state-funded legal

assistance• Prohibitions on cooperation

between state/local law enforcement agencies and federal immigration authorities

“Best Practices” in State Immigration Policy

Experiences and Challenges

Challenges

• Financial Aid/Financial Services• Psycho-social stress/anxiety• Driver’s License (DACA/AB60 as of 2015)• Vulnerability: Deportation, exploitation, violence• Internships/work experience• Post-graduation unknown• Medical care & Housing• Navigating systems

4 Corners

Which area do you feel most

comfortable navigating for

yourself?

In your opinion, which area is the biggest challenge for an undocumented

student?

Which area do you as an ally need to learn

more about?

Best Practices

Knowledgeable vs Misinformed

Advise vs Decide

Support vs ExpertiseHuman vs Subject

Best Practices: Framework for Allyship

Check your privilege

acknowledge; leveraging vs. stepping back

deficit vs. asset frameworks

build trust, rapport, credibility

Best Practices: Individual Level

• “Can’t fill out FAFSA”• “Can’t drive” • “Can’t study abroad/ leave the US ”• “Can’t work” •“I don’t have an SSN” • Any others?

What are some cues/invitations?

Assess your environment, personnel, and resources• Revisit institutional mission and

values• Proactive vs. reactive counseling

staff• Parental/familial involvement• Establish and streamline referral

process for services

Establish the organization as a resource• Invite/organize community

functions• Develop a school guide!

(multiple languages)• Build alumni network• Develop college pathways

Hold your organization accountable• Visible and continued support for

undocumented students• On-going professional development• Partner with community

organizations• Follow through and follow up

Best Practices: Organizational Level

•UC Davis Undocumented Student Support • http://undocumented.ucdavis.edu

• University of California—All topics• http://undoc.universityofcalifornia.edu/applying-to-uc.html

• Educators for Fair Consideration (E4FC)• e4fc.org

• University of California Admissions• http://admission.universityofcalifornia.edu/paying-for-uc/whats-available/ca-drea

m-act/

Websites to Reference

Andrea GaytanAB540 & Undocumented Student Center(530)752-7270agaytan@ucdavis.edu

Marcus TangUC Davis Immigration Law Clinic(530) 752-1691mtang-clinic@law.ucdavis.edu

Vanessa SegundoAB540 & Undocumented Student Center(530)752-9538vsegundo@ucdavis.edu

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