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Dreams and Aspirations Denied - Educational Realities

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					       Continuing the Dream:
    Assisting Undocumented Students
            in Higher Education




          ><><><><><><><><><><><><

             Alfred R. Herrera,
Assistant Vice Provost, Academic Partnerships
 UCLA Division of Undergraduate Education
A Historical, Political &
 Educational Overview
           Plyler v. Doe


• In 1982, MALDEF argued Plyler v. Doe
  before the Supreme Court and won. The
  court held that the children of
  unprotected immigrants were protected
  under the due-process clause of the
  Fourteenth Amendment and were
  entitled to a public education
           Leticia A Ruling

• Leticia A 1985 Alameda County Superior
  Court ruling made it possible for
  undocumented immigrants who had
  graduated from a California high school
  to attend a California State University
  and avoid out-of-state fees.
• The ruling, called the "Leticia A"
  decision, allowed undocumented
  students to establish residency by
  demonstrating intent to reside in the
  state for more than a year.‖
             Leticia A Ruling

• From 1985-1991 the Alameda County Court
  ruling on Leticia A vs. UC Regents and
  California State University System
  establishes that undocumented students can
  be treated as residents for tuition and state
  financial aid purposes.
• Spring of 1991-1992 Los Angeles Superior
  Court overturns the Alameda County Leticia A
  court ruling for both the UC and CSU system.
              Leticia A Ruling

• Community Colleges are not mentioned in the
  ruling. However, the Community College
  Chancellors Office implements the new ruling.
• From 1992- 2001 undocumented students
  attending the University of California, California
  State University and California Community
  Colleges were charged out-of-state tuition.
• Several attempts were made by legislators to
  introduce legislation to allow students to attend
  school and pay in state fees, but there was
  much opposition.
    Financial aid eligibility
      for undocumented
           students:
•   Since financial aid is considered to be domestic assistance, it is
    available only to citizens or permanent residents or those who
    are in this country for other than a temporary purpose. A
    student who is in this country on an F-1 or F-2 student visa is,
    by definition, here for a temporary purpose, and therefore is not
    eligible.
•   A non-citizen with permanent resident status in the U.S. will
    hold either form K-151 or form I-551 (Alien Registration Card or
    "Green" Card). The student is eligible for the federal financial
    aid.
  Financial aid eligibility
    for undocumented
         students:
• A refugee or immigrant who is admitted to the United
  States for humanitarian reasons is eligible for federal
  student financial aid. In addition, an applicant who has
  been granted asylum and has been given voluntary
  departure for a period of one (1) year is eligible.
• A student who was born in the US, but whose parents
  are undocumented, is eligible for federal financial aid.
  They must report parent’s income using social security
  number 000-00-0000.
ASSEMBLY BILL 540



Current & Existing
    State Law
              What is AB540?


• On October 12, 2001, Governor Gray Davis
  signed Assembly Bill 540 into law. AB 540,
  authored by the late Assembly member Marco
  A. Firebaugh (D-South Gate), authorized any
  student including undocumented students who
  meet specified criteria to pay in-state tuition at
  California public colleges and universities.
             AB540 Eligibility
• Students are eligible if…
• They have attended a California High School
  for 3 or more years (non-consecutive);
• They have or will graduate from a California
  High School or have attained a G.E.D.;
• They have registered at or are currently
  enrolled at an accredited institution of higher
  education in California;
• They have filed or will file an affidavit as
  required by individual institutions, stating that
  they will apply for legal residency as soon as
  possible.
  What are AB540’s Advantages and
          Disadvantages?


• AB540’s singular provision is to provide
  in-state tuition for unprotected
  immigrant students.
• AB540 does not change a student’s
  resident status.
• AB540 does not provide access to
  federal or state financial aid.
   Can Non-Eligible AB540 Student
   Attend a College or University?


• YES, they can attend as long as they
  meet the admissions criteria and are
  accepted by the college or university
• BUT, in most situations they will not be
  eligible for in-state tuition.
• They are also prevented from working
  unless they have a worker’s permit—
  which most do not.
    Are Undocumented Students Eligible
     for Direct Student Aid or Support
                  Services?

• Both eligible and non-eligible AB540 students in
  most cases will NOT qualify for public in-state
  or federal financial.
• However, both groups are eligible for private
  scholarships not requiring US citizenship or
  legal residency;
•   And, since EOP/AAP at UC is not a financial
    aid based program, it can provide services to
    undocumented students.
 Financial Aid eligibility
• Since financial aid is considered to be domestic
  assistance, it is available only to citizens or
  permanent residents or those who are in this
  country for other than a temporary purpose. A
  student who is in this country on an F-1 or F-2
  student visa is, by definition, here for a
  temporary purpose, and therefore is not eligible.

• A non-citizen with permanent resident status in
  the U.S. will hold either form K-151 or form I-
  551 (Alien Registration Card or "Green" Card).
  The student is eligible for the federal financial
  aid.
  Financial Aid Eligibility

• A refugee or immigrant who is admitted to the United
  States for humanitarian reasons is eligible for federal
  student financial aid. In addition, an applicant who has
  been granted asylum and has been given voluntary
  departure for a period of one (1) year is eligible.
• A student who was born in the US, but whose parents
  are undocumented, is eligible for federal financial aid.
  They must report parent’s income using social security
  number 000-00-0000.
STUDENT PROFILE
       Who are the Undocumented/
         Unprotected Students?
Undocumented/Unprotected are:
• NOT ALL Latinos
• Students who were brought to this country at a very
  young age.
• Students who came to this country with their parents
  and have been raised here just like their U.S. citizen
  classmates.
• Students who reside with a relative because their parents
  are deceased or have stayed back home.
• Student who were brought to this country without legal
  documentation or were brought with a visa that was
  allowed to expire.
• Students who have been raised here since childhood
  and therefore know no other country.
      Who are the Undocumented/
        Unprotected Students?
Undocumented/Unprotected are:
• Students who may not even realize that they are here
  in violation of our immigration laws.
• Students who come from low-income families where
  parents often earn less than minimum wage.
• Students who often work 30-40 hours a week to help
  sustain the family and pay for their education.
• High achievers who have excelled academically
  throughout their schooling.
• Honest and hardworking adolescents and young
  adults, who strive for academic as well as professional
  excellence.
      Building a Support Network

Campus Resources
• Identify an Official Campus Representative
• Identify Campus Allies
• Establish Student Organizations
• Find Community Organization Referrals
• Seek reputable Legal Assistance
 BARRIERS
    &
CHALLENGES
   Barriers and Challenges
Personal deterrent for students include:
• limited financial support from family to help cover the cost
  of fees, books & personal expenses
• transportation-- commuting on the bus for many hours
  each way because they can not afford to live in university
  housing
• Working excessive hours because no work=no education
• family obligations– help with household & sibling
  responsibilities
• sense of hopelessness and helplessness
• current immigration laws limits opportunities to legalize
  their residency status
• fear of being detected by immigration authorities
    Barriers and Challenges
  Educational deterrents include:
• inability to obtain financial aid from the institution
• inability to pursue academic careers that require state
  licensing, back ground check or social security numbers
• inability to travel and participate in conferences, field trips
  or research colloquiums
• inability to accept paid internships or qualify for on-
  campus student employment
• inability to provide CA identification affects the ability to
  take tests for graduate school, i.e. GRE, MCAT and/or
  LSAT
• Inability to work in the chosen professional field after
  graduation
   Barriers and Challenges
Institutional deterrent consist of:
• limited information regarding AB 540 provisions
• overall lack of commitment by campuses to serve AB 540
  students
• staff’s lack of knowledge regarding AB 540 provisions
  and regulations
• insensitivity, rudeness and demeaning attitude
• students’ being turned away or denied access for failure
  to provide unnecessary documentation such as a social
  security number, drivers license and/or residency
  documentation
  PROPOSED
STATE & FEDERAL
  LEGISLATION
   What is the California Dream
               Act?

• The California Dream Act is a state legislative
  proposal (Senate Bill 160) that allows U.S.
  citizen and undocumented ―AB540‖ students to
  apply and compete for financial aid at California
  public colleges and universities without the use
  of the Federal Application for Student Aid
  (FAFSA).
    What law will the California Dream
        Act specifically change?
•   BOG Waivers: This bill would allow AB 540 student to apply
    for the Board of Governors (BOG) Fee Waiver at all public
    California community colleges.
•   Institutional Student Aid: This bill would allow AB 540
    students to apply and compete for any student aid program
    administered by the attending college or university (i.e. State
    University Grant, UC Grant)
•   State Administered Student Aid programs: This bill would
    allow AB 540 students to apply for other statewide student aid
    program such as, but not limited to Cal Grants.
•   AB 540 Clean-Up Language: This bill would delete the term
    high school and substitute the term secondary school for the
    eligibility of in-state tuition rates. This would allow students who
    finish their three years at continuation or adult schools to be
    eligible for ―AB 540‖ instate tuition.
         The DREAM Act?


• The Development, Relief, and Education for
  Alien Minors Act (DREAM Act) is bipartisan
  legislation sponsored in the Senate by Richard
  Durbin (D-IL), Chuck Hagel (R-NE), and Richard
  Lugar (R-IN) — and in the House by Lincoln
  Diaz-Balart (R-FL), Howard Berman (D-CA), and
  Rep. Lucille Roybal-Allard (D-CA) — that
  addresses the situation faced by young people
  who were brought to the U.S. years ago as
  undocumented immigrant children but who have
  since grown up here, stayed in school, and kept
  out of trouble.
What will the DREAM Act Do?
• Under the DREAM Act, high school graduates, would
  be permitted to apply for up to 6 years of legal
  residence conditional status.
• During the 6-year period, the student would be
  required to graduate from a 2-year college, complete
  at least 2 years towards a 4-year degree, or serve in
  the U.S. military for at least 2 years.
• Permanent residence would be granted at the end of
  the 6-year period if the student has met these
  requirements and has continued to maintain good
  moral character.
• The DREAM Act would also eliminate a federal
  provision that discourages states from providing in-
  state tuition to their undocumented immigrant student
  residents, thus restoring full authority to the states to
  determine state college and university fees.
           Other State
           Initiatives
• To date there are 10 states that have passed
  legislation to allow undocumented students to
  enroll in colleges and pay resident fees.
• Texas, California, New York, Illinois, Kansas,
  Oklahoma, Utah, Washington, New Mexico and
  Nebraska
• Others are reviewing similar bills.
  Implications and
Shortcomings of State
        Bills
   Training is necessary to inform educators and the
    public
   Interpretation in the implementation process from
    one district to another, from one system to another
   Proof of required documentation varies
   Interpretation of the 3 year equivalency rule
   Does not exempt students from Graduate tests or
    allow them to apply for state credentials, i.e.
    teaching, nursing, etc..
       A Call to Action
• Encourage and demonstrate to students how to
  become politically active.
• Contact local organizations and advocacy groups to
  support and assist their efforts.
• Contact your elected officials to show support for
  proposed legislation at the state and national level.
   http://www.congress.org/congressorg/dbq/officials/

• Advocate with established scholarships to remove
  citizen or residency requirements and establish local
  Scholarships.
• Make your voice be heard LOUDLY.
                 Resources
•   National Immigration Law Center - Josh Bernstein
                  www.nilc.org
•   Center for Community Change - José Quinonez
                  www.communitychange.org
•   MALDEF: Mexican American Legal Defense and Educational
    Fund
                  www.maldef.org
•   Coalition for Humane Immigrants Rights of Los Angeles
                  www.chirla.org
•   Justice for Immigrants
                 http://www.justiceforimmigrants.org/
•   AB540 Resource Guide – AB540 Network
    Scholarship Resources

• MALDEF
   http://www.maldef.org/pdf/Scholarships.pdf
• Latino College Dollars
   http://www.latinocollegedollars.org/DIRECTORY.pdf
     Information Websites
http://nilc.org/immlawpolicy/DREAM/DREAM_Basic_Info_0205.pdf



http://nilc.org/immlawpolicy/DREAM/Econ_Bens_DREAM&Stdnt_Adjst_0205.pdf



  http://nilc.org/immlawpolicy/DREAM/DREAM_Durbin_stmnt_072204.pdf



http://nilc.org/immlawpolicy/DREAM/DREAM%20Judiciary%20Sumry_040504.pdf



 http://nilc.org/immlawpolicy/DREAM/TABLE_State_Leg_Imm_Higher-Ed.PDF
Resource on Immigration Information



• http://uscis.gov/graphics/index.htm
    Alfred Herrera
     310.267.4441
aherrera@college.ucla.edu

				
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