Serving the Needs of Undocumented AB540

Students:

What College Access Professionals Should Know (and Do)

Paz Maya Oliverez, Ph.D.Executive Director

Futuros Educational Serviceswww.futuros-california.org

Who are undocumented students?

• Born outside the U.S.

• Many have lived in U.S. for significant portion of their lives

• Some enter U.S. with tourist visa and chose to stay after visa expired

• Some reside without any form of documentation

Numbers in the United States

• The U.S. Census Bureau estimates that in the year 2000, approximately 2.5 million undocumented youth under age 18 were living in the U.S.

• Each year, over 65,000 undocumented students graduate from U.S. high schools.

Why don’t they just apply for residency?

• Many undocumented immigrants are not eligible to apply for residency

• Applying for residency can cost families thousands of dollars

• The naturalization process can take several years and some students “age out” before they establish residency

Similar to/Different from Peers

Similar to peers:• Low income• Poor academic

preparation• First-generation

college goers• Navigate educational

system alone

Different from peers:• Cannot gain legal

employment• Cannot acquire a

driver’s license• Not eligible for

government-sponsored financial aid

• Live in fear of discovery/deportation

Know Your Students’ Rights

• Undocumented students (in most states) cannot be denied admission to a college or university based on their immigration status.

• Undocumented students are not required to show a state issued ID or social security card to apply for college admission.

• Undocumented students are not required to show proof of legal residency or application for legal residency when enrolling in college.

If you believe a students’ rights have been violated, contact: MALDEF at 213.629.2512 or a local immigration attorney/agency for assistance.

AB540: California State Law

• Signed into law in October 2001, Assembly Bill 540 makes undocumented students eligible to pay in-state tuition if they:• Attended a California public high school for a

minimum of three years (does not have to be consecutive years)

• Received HS diploma or equivalent (GED)

• Will attend a public college/university in CA (CC, CSU, UC)

• Students must sign a confidential affidavit.

State Policy

• Ten states have passed in-state tuition policies.– Texas, California, Utah, Illinois, Washington,

Oklahoma, New York, Kansas, New Mexico, Nebraska• Texas, Oklahoma, and New Mexico also offer state aid to

undocumented students.

• CA Dream Act – SB1301– Gov. Schwarzenegger vetoed previous versions of the

Bill in 2005 & 2007– If passed in October of 2008, it would allow AB540

students to apply and compete for institutional aid administered by the attending college or university (i.e., State University Grant, UC Grant, scholarships, and loan programs).

Federal Policy2007: DREAM Act (defeated)• If passed, it would provide conditional “lawful permanent resident status” for

undocumented immigrants, age 30 years or younger, for up to 6 years, while they complete at least 2 years of college or military service.

– Upon completion of the 2 years, they would be eligible to apply for legal permanent residency “green card”.

– Policy would repeal Section 505 of IIRIRA which discourages states from providing in-state tuition.

• Restores possibility for states to provide in-state tuition and possibly state aid.

• There are complications that prevent the inclusion of federal aid, namely the IIRIRA.

Likely to be reintroduced in 2008, but potential for passage is questionable.

College Access Challenge #1

Students are uninformed & misinformed

• Include AB540 information in all materials• Have a 1-page fact sheet for AB540 students/parents• Incorporate as part of individualized advising• Include AB540 presenters in all college-related events

College Access Challenge #2

Students lack mentors & encouragement

• Student support groups– High school clubs (i.e., develop & advise)– Undocumented student alumni– AB540 college student groups (i.e., IDEAS)

• Individualized counseling and guidance

College Access Challenge #3

Parents lack of college knowledge

• Involve parents in college preparation process• Develop parent support groups• Provide information in parents’ native language• Connect parents to community resources

College Access Challenge #4

Students’ college choices are largely

influenced by finances• Provide information about college costs for all

systems of higher education.• Bring in current undocumented college students to

share their stories.• Be realistic. Provide information & motivation but

be realistic about the challenges.

College Access Challenge #5

Students need assistance when completing college admissions

applications• Help students complete residency questions (develop relationships

with college admission representatives)

• Attend college/university application workshops annually to stay informed of policy changes

• General support for completing applications (if you don’t know the answer, find someone who does)

College Access Challenge #6

Students need assistance with

fundraising for college• Undocumented students should not complete the

online FAFSA application.• If a student filed an application with INS, the

student may already be eligible to receive state financial aid. Have them speak to their attorney.

Scholarship Tips

• Research scholarships without residency requirements– Develop a space for this information in your

office

• Update scholarship lists regularly• Provide scholarship application assistance

– Proofread essays, write letters of recommendation, offer scholarship application workshops

Fundraising Ideas

• BE CREATIVE!– Look to your organization:

• Develop an AB540 scholarship fund

• Inquire about the availability of discretionary funds

– Look to student/family/community: • House parties, raffles, candy sales, etc.

– Look to AB540 College Student Groups:• Scholarship opportunities

– Portfolio

Student College Retention

Students face challenges once they are admitted.

– Help students identify AB540 friendly staff at their college/university

– Identify H.S. to college transition programs – Help students navigate the scholarship

disbursement process– Encourage students to get involved in AB540

groups at their college/university.

Harsh Reality for Undocumented Students

• Securing sufficient funds to pay for college remains difficult.

• Students’ professional options after college are severely limited. Some undocumented students choose to continue their education through graduate studies.

• Many undocumented students are not currently eligible to apply for residency.

…The Bright Side

• There are currently 10 states that have passed legislation to provide undocumented students with in-state tuition, which shows that change is possible.

• Undocumented students are still better off with a college education than without one.– Networks, knowledge, and skills.

• Our nations’ lawmakers are currently debating the DREAM Act.

More steps you can take to help…

• Connect with feeder high school and college-based counselors/advisers

• Advocate for your students (i.e., scholarship providers, policymakers)

• Connect with local organizations/ agencies in your community

• Stay informed about policies that impact undocumented students

For more information:

Dr. Paz Oliverezpoliverez@futuros-california.org

Futuros Educational Serviceswww.futuros-california.org