Resources for Community Colleges Serving Undocumented Students

President Obama's Directive to the Department of Homeland Security Allows Certain DREAM-Act Eligible Youth Temporary Relief from Deportation

The Migration Policy Institute estimates that as many as 1.76 million (72% or 1.26 million meet the criteria now, 28% could be eligible in the future as they meet the age, educational, residency and other requirements)  unauthorized immigrants brought to the United States as children could gain relief from deportation under the Obama administration's grant of Deferred Action for Childhood Arrivals (DACA).

The administration's decision to grant deferred action to young people brought to this country as children by their parents was the major headline at a White House Immigration Community Leader Briefing held Monday, June 18^th. CCCIE was among over 120 organizations invited to attend the session which covered a range of immigration issues.  Under this new plan, young people will be able to seek temporary relief from deportation if they came to the US before they turned 16 and are younger than 30; were present in the U.S. on June 15th and continuously resided in the U.S. for at least five years prior; are currently in school, graduated from a U.S. high school, earned a GED, or have been honorably discharged from the military; and have no criminal history.

Janet Napolitano, Secretary of the Department of Homeland Security, told those gathered: "It makes no sense to expend our enforcement resources on these young people who were not culpable for being brought to this country and who have grown up here...I've met some of these students-we want their brains and talents here." Other high-level policy makers who spoke included White House Domestic Policy Council head Cecilia Munoz and the directors of US Citizenship and Immigration Services, Immigration and Customs Enforcement, US Customs and Border Protection, as well as others.

The new policy:

• Allows qualified undocumented students to apply for a two-year renewable grant of "deferred action" meaning they will not be deported if they meet the above requirements. Although lawful immigration status will not be granted, eligible recipients may be able to obtain work permits under existing regulations.
• Goes into effect immediately, HOWEVER, the process for implementing procedures for those seeking deferred action will take 60 days from June 15th, and individuals should NOT submit a request for deferred action before that because it will get rejected. Anyone who offers to apply for students at this point in time should not be trusted.
• Does not apply to dependents (parents, siblings). They would have to qualify on their own as individuals.

Administration officials urged students to be aware of fraudulent immigration practitioners who want to take advantage of DREAMers.

As we learn more, we look forward to sharing new developments and updates on this policy and we welcome your feedback at info@cccie.org.

Additional Resources

• The Migration Policy Institute has published Relief from Deportation: Demographic Profile of DREAMers Potentially Eligible under the Deferred Action Policy.  See the full report...

• From WE OWN THE DREAM, an online tool to help young people determine if they are eligible for Deferred Action for Childhood Arrivals

• USCIS-Deferred Action Process Portal provides detailed FAQs on the process and other helpful links. Individuals seeking more information on the new process should visit ICE's website (at www.ice.gov), USCIS's website (at www.uscis.gov), or DHS's website (at www.dhs.gov). Individuals can also call ICE's hotline (at 1-888-351-4024) or USCIS's hotline (at 1-800-375-5283) with questions or to request more information on the new process. The hotlines offer assistance in English and Spanish.

• Dream Activist Offers 9 Things DREAMers and supporters can do while awaiting USCIS implementation of Deferred Status for DREAMers. 

• The United We Dream Network and the National Immigrantion Law Center have collaborated in developing information on the new Deferred Action for undocumented youth.  Learn more by reading their FAQ's.

• E4FC (www.e4fc.org) has also created a detailed FAQ with Curran & Berger LLP, a private immigration law firm that works closely with E4FC and has specific experience and expertise with DREAM Act students. In addition, E4FC's Case Analysis Service provides analysis of possible immigration remedies and benefits to immigrant students. See additional resources from E4FC: STEP BY STEP GUIDE FOR DREAMERS APPLYING FOR DACA and BEYOND DEFERRED ACTION: Long-Term Immigration Remedies Every DREAMer Should Know About

• From Migration Policy Institute: MPI Releases Estimates of Unauthorized Immigrant Population Potentially Eligible for Prosecutorial Discretion. Download Estimates

• ImmigrationImpact.com, a project of the American Immigration Council, offers numerous articles and updates on the deferred action directive, as well as other immigration issues.
• College Board has created a Repository of Resources for Undocumented Students to help these students access higher education. 

• A 2011 study conducted by the National Forum on Higher Education for the Public Good informs this report, Reconciling Federal, State, and Institutional Policies Determining Educational Access for Undocumented Students: Implications for Professional Practice, which offers a comprehensive description of the characteristics of the undocumented population and their underrepresentation in higher education.

DREAM Act 2011 Legislative Update

The Development, Relief, and Education for Alien Minors (DREAM) Act is proposed federal legislation that would provide a path to legalization for eligible unauthorized youth and young adults. First introduced in 2001 by Sen.Orrin Hatch (R-UT) and Sen.Richard Durbin (D-IL), it has since been introduced regularly, both as a stand-alone bill and as part of comprehensive immigration reform bills in both the House and Senate. The latest version of the DREAM Act, was introduced on May 11, 2011, in the Senate (S. 952) by Sen. Dick Durbin (D-IL) and 32 fellow senators, and in the House of Representatives (H.R. 1842) by Reps. Howard Berman (D-CA), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard.

Click here for National Immigration Law Center's summary of DREAM Act 2011 key features.

Potential DREAM Act Beneficiaries

CCCIE  provided critical input in Migration Policy Institute’s July 2010 report DREAM vs. Reality: An Analysis of Potential DREAM Act Beneficiaries, which estimated that 38 percent of the 2.1million potential beneficiaries—825,000 people—would likely obtain permanent legal status through the DREAM Act’s education and military routes. MPI has issued revised total and state-level estimates of the unauthorized youth and young adults who might be eligible for conditional legal status, based on changes to the DREAM Act legislation pending in Congress. Its July 2010 estimates were based on the DREAM Act of 2009, which had a higher age cutoff (under 35) and would also have allowed those over 35 with a completed postsecondary education to be eligible for legalization. According to MPI’s updated analysis, slightly more than 1.9 million unauthorized youth and young adults would meet the age, time in country, and age at arrival requirements for conditional legal status under the latest versions of the legislation. Of these, 38 percent or 755,000 would likely satisfy  the DREAM Act’s postsecondary or military requirements to obtain legal permanent status. 

The Role of Community Colleges

Are community colleges prepared to serve undocumented students? CCCIE has collaborated with MPI to investigate the impact of DREAM Act legislation on community college systems and practices, including outreach, enrollment, assessment, financial aid, student support services, ESL programs, and other administrative systems. The legislative future for DREAM Act is unclear. However, regardless of any future legislative actions concerning immigration reform, including the DREAM Act, we believe that community colleges must be better prepared to support this population. Watch for CCCIE’s Issue Brief that will highlight key challenges and offer strategies to help community colleges be better prepared to serve undocumented students.

Resources on State Legislation and Federal DREAM Act:

NILC Table Tracks State Bills Regarding Immigrant Access to Education

The National Immigration Law Center is tracking state bills that address access to education for immigrant students. Here are state-by-state tables with bills improving access to higher education or K12 as well as those restricting access to post secondary education with URLs for bill language and updates on current status.  The table includes bills that would improve access by providing in-state tuition to a state’s high school graduates, regardless of their status, or by increasing access to financial aid or scholarships.  It also lists bills that seek to restrict access to education by banning enrollment, in-state tuition, or by creating other barriers to postsecondary or K-12 education for immigrant students. The 2012 state legislative sessions are still active, so information in the table is subject to change. Visit NILC's website for state legislative updates, DREAM Act issues, and contact information for sharing any updates in your state.

Immigration Policy Center's DREAM Act Resources

See Immigration Policy Center’s DREAM Act resource page which includes basic facts, economic analysis, political updates and scholarly opinions. Another feature of their website provides a look at state-specific economic and political impact of immigrants.

Articles

• "California Dream Act Offers Path to College for Undocumented Students"

  Governor Jerry Brown signed the California Dream Act into law in October 2011.  Undocumented students are now eligible for state college aid.  See the article in the LA Times.

• "In-state tuition for illegal immigrants is preserved with California Supreme Court ruling" California judges have ruled to uphold AB 540, a state law extending tuition relief to undocumented students. This ruling represents a success for students and education advocates to expand educational opportunities and to work towards overall immigrant community advancement and integration. For more information, read more and see reaction from the National Immigration Law Center.

• “In Historic Move, Senators Durbin and Lugar Call on DHS to Protect Immigrant Youth”
  This news release from America’s Voice, a nonprofit that works to build public and political support for immigration reform, describes a bi-partisan effort to prevent the deportation of immigrant youth who would be eligible for the DREAM Act. According to Frank Sharry, Executive Director of America’s Voice, this initiative “is a significant new development in the ongoing immigration reform debate.  This is the first time a bipartisan duo of leading lawmakers has made such a request, and it is a harbinger of things to come….” Read more
• New Immigration Reform Bill Could Help Undocumented Students
  A Chronicle of Higher Education article discusses the recent legislation, introduced by Rep. Luis V. Gutierrez, Democrat of Illinois, that would create a path to legal residency and citizenship for some undocumented students. Mr. Gutierrez's bill, called the Comprehensive Immigration Reform for America’s Security and Prosperity Act, includes some provisions from the original DREAM Act (Development, Relief, and Education for Alien Minors Act), , but has expanded or changed some of the original DREAM Act provisions. This new bill adds employment as a pathway for high school students to gain permanent residency, while the original bill provides two years of college or military service as the only routes to permanent residency. Read more 
  
• "President Obama Links Immigration Overhaul in 2010 to G.O.P. Backing." 
  This New York Times article assesses the political climate in Washington for an overhaul of the immigration system and discusses the bill being shaped by Senator Charles E. Schumer, Democrat of New York, and Senator Lindsey Graham, Republican of South Carolina. Meanwhile, young immigrants, including undocumented students, rallied in several cities for immigration reform. Read more
• “Struggling with the Status of Undocumented Students”
  States are unsure of what to do about the issue of undocumented students. This article, featured in The Community College Times, a publication of the American Association of Community Colleges, presents an overview of how some states address the issue and the potential impact of federal DREAM Act legislation. Also described are CCCIE’s initiatives to educate the public on the DREAM Act and the challenges community colleges face in meeting the educational needs of the immigrant population. Read more
• AACC President Urges Congress to Revive the DREAM Act
  In a 2008 op-ed article for The Chronicle of Higher Education, AACC President and CEO Dr. George R. Boggs notes that passage of the DREAM Act would directly affect the nation’s economic competitiveness and urges college administrators, faculty members, and students to educate local business leaders about the importance of the DREAM Act in their communities. “While much of the business community supports comprehensive immigration reform and increases in the numbers of highly skilled foreign workers brought into the United States, it has remained largely silent on the DREAM Act,” according to Boggs. Read more

Reports

Please refer to our Reports: Undocumented Students and the DREAM Act page to read relevant papers and studies.