Presented at the 2013 NPEA conference by: KIPP Austin http://www.educational-access.org/npea_conference_speakers2013.php

1. Laura Chrisco, KIPP Austin Public Schools
NPEA National Conference
April 12, 2013

2. 1. Articulate the federal policies and decisions
that relate to undocumented students
2. Articulate their state‟s in-state tuition policy
for undocumented students
3. Utilize correct terminology in advising
undocumented youth or family members
4. Gain strategies to engage parents and
students in the college process
5. Develop collaboration techniques to utilize
in their region

3.  Alex, Regent‟s High School
 http://www.youtube.com/watch?v=FreHufm
TVt4

4. Immigration Basics

5.  Immigrant allowed to live permanently in US
 Naturalized Citizen LPRs who apply for citizenship
 Non-immigrant visas or temporary protected status
 Refugee/Asylee persecution or fear or persecution
Undocumented Immigrant entered US without
authorization or overstayed visa
Source: Justice for Immigrants
Illegals
Illegal
alien

6.  Becoming a Legal Permanent Resident
 Family
 Job
 Refugee or Asylee Status
 Diversity Visa Program
 If undocumented in the US:
 Marrying a USC or LPR may help a person fix
their immigration status if they lawfully entered
the US.
 If a person unlawfully entered US, it is much
more difficult to fix status.
 Barred from US for 10 years

7.  Money:
◦Legal fees
◦Visa/documentation fees: $500-
1200
 Information
 Time

8. Category Worldwide Mexico China & India Philippines
F1
Spouses & Unmarried children of
USC
September 2004 April 1993 September 2004 March 1997
F2A Spouses & children of LPR March 2009 February 2009 March 2009 March 2009
F2B 21+ Unmarried children of LPR August 2003 November 1992 August 2003 August 2001
F3 Married children of USC October 2001 December 1992 October 2001 July 1992
F4 Siblings of USC July 2000 May 1996 July 2000 September 1988
Source: U.S. Department of State Visa Bulletin,
December 2011

9. Source: Pew Hispanic Center, 2011
11.2 million undocumented immigrants
3.7% of nation‟s population
5.2% of labor force

10. Source: Pew Hispanic Center, 2011
23%
14%
6%
6%5%
4%
3%
2%
36%
11.2 Million Estimated
Undocumented Immigrants
California
Texas
Florida
New York
Illinois
New Jersey
Arizona
North Carolina
Other
Texas

11. • Plyler vs. Doe
• Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
• Dream Act
• In-state tuition policies
• Deferred Action for Childhood Arrivals

12.  Plyler vs. Doe: Mandatory provision of K-12 Education
◦ All children, regardless of immigration status, are
guaranteed access to K-12 public education
Legal Barriers
 Illegal Immigration Reform and Immigrant
Responsibility Act of 1996
◦ Unauthorized immigrants who are in the U.S. for 180
days are banned from re-entry for 10 years

13.  Creates a path to citizenship for
undocumented youth
 Defeated several times, most recently in 2011
 Serves as inspiration for state legislation
regarding undocumented youth
 A symbol of hope: DREAMERS
Requirements:
 Must have entered the United States before the age of 16 (i.e. 15 and
younger)
 Must have been present in the United States for at least five (5)
consecutive years prior to enactment of the bill
 Must have graduated from a United States high school, or have obtained
a GED, or have been accepted into an institution of higher education (i.e.
college/university)
 Must be between the ages of 12 and 35 at the time of application
 Must have good moral character

14. (Image courtesy of Zaina Natour)

15.  Passed in 2001 (H.B. 1403)
 S.B. 1528 allows students to pay in-state
tuition and receive state financial aid at Texas
public universities & colleges if they meet
certain requirements (regardless of
citizenship).
(Senate Bill 1528)

16. Path 1: USC, PR, UI, NI
 Graduate from high
school/receive a GED in
TX
 Reside in TX for at least 3
consecutive years before
graduation
 Reside in TX for at least 1
year leading up to college
enrollment
 Sign a notarized affidavit
of intent
◦ (undocumented immigrants
and non-immigrants
regardless of visa type)
Path 2: Non-Immigrants
(eligible
visa), TPS/VAWA, NACARA/HR
IFA/Cuban
Act, Refugee/Asylee
 Graduate from high
school/receive a GED in
TX
 Reside in TX for at least 1
year leading up to college
enrollment
 Sign a notarized affidavit
of intent
◦ (undocumented
immigrants and non-
immigrants regardless
of visa type)

17. Scenario
1. In TX 36 mo. + 1 yr?
2. HS grad or GED?
3. Affidavit completed?
Monica’s parents brought her to
Texas when she was 12, and she
has lived here ever since. She does
not have papers, and is considered
“undocumented.” She graduated
from high school 4 years ago, and
she has decided to enroll in a
community college. Is she a
resident or a nonresident?
17
Considerations

18. Scenario
1. In TX 36 mo. + 1 yr?
2. HS grad or GED?
3. Affidavit completed?
Cho came to Texas with a tourist
visa when she was 7. When the visa
expired, her family stayed in Texas.
She graduated from HS in 2009 and
moved to New Mexico. She
returned to Texas 6 months ago.
When could she be classified as a
resident?
18
Considerations

19.  Since 2001, over 25,000 have benefitted from
this law.
 In Fall of 2009, 12,138 students were enrolled in
Texas public colleges & universities and received
in-state tuition – representing 1% of all TX
college students
 $33.6 million awarded in state and institutional
financial aid between Fall 2004 and Summer
2008
 Increased state revenue by $3,265,000/year from
2008-2010 (LBB, 2005)
Source: Dallas Morning News, 2010
Legislative Budget Board, 2005

20.  Announced by DHS on June 15th, 2012 and
supported by President Obama as
prosecutorial discretion
 Benefits:
◦ Remain in the US for period of time determined by
DHS (2 years)
◦ Work Authorization Number (Social Security
Number)
◦ Driver‟s License (dependent on State policies)

21.  Permanent or Temporary residence
 A path to LPR or Citizenship
 Lawful status
 Visa
 Eligibility for federal loans, grants, federal work
study
 Colleges are new to this
 Scholarships are new to this
 Students/ families believe they solved legal
status

22.  $465 application fee
 No need to hire lawyer: many
organizations provide free services:
◦ Law School Clinics
◦ Catholic Charities
◦ Community based organizations
◦ Immigrant Advocacy Organizations

23. Age and Residency Requirements
 Came to the U.S. before reaching 16th birthday
 Continuously resided in the U.S. since June
15, 2007 and up to present time
 At least 15 years of age at the time of filing
◦ except for individuals in removal proceedings or whose
case was terminated who may file before age 15
 Under the age of 31 as of June 15, 2012
 Entered without inspection before June
15, 2012, or lawful immigration status expired as
of June 15, 2012
 Present in the U.S on June 15, 2012, and at the
time of making request for consideration of
deferred action with USCIS

24. Educational Requirement:
Excellent Motivation Tactic
 Currently in high school or college
 Graduated or obtained certificate of
completion from high school
 Obtained GED certification
 Graduated from college
 Currently enrolled in certain job training or
educational programs
 Honorably discharged veteran of the Coast
Guard or Armed Forces of the U.S.

25. Criminal Disqualifications (1)
 Felony conviction
◦ Defined under federal, not Texas law
◦ One felony conviction is a disqualification
 Misdemeanors
◦ Defined by USCIS, not Texas law
◦ Offense for which minimum sentence is more than
5 days up to one year.

26. Criminal Disqualifications (2)
 Significant Misdemeanor
◦ Domestic violence; sexual abuse or
exploitation; burglary; unlawful
possession or use of a firearm; drug
distribution or trafficking; or, driving
under the influence, regardless of length
of sentence, regardless of sentence
◦ Any offense for which applicant actually
served 90 days in jail
 Does not include a suspended sentence

27. Other Disqualifications
 National security threat
 Public safety threat
◦ Gang membership

28. Scenario
1. What would you suggest for
her to do?
28
Advice?
A student let you know they recently
received their social security
number from Deferred Action. They
filed the FAFSA and they got an
error message. They are confused.

29. Focus Group

30. In September, 2010: Austin College Access Network‟s College Advising
for Undocumented Students Taskforce (CAUST) conducted a series of
focus groups with undocumented students who had enrolled in college.
GOAL: to better understand the aspirations of (and challenges
facing) undocumented students who were pursuing higher
education.
Participants (17 students)
◦ Hispanic, Spanish -home language
◦ Attempted to pursue higher education at one time
◦ An average of 12.7 years lived in the U.S.
◦ Participants received free/reduced lunch in HS; only one reported a
family income of more than $50,000
◦ All 17 participants reported that their parents were „involved‟ or
„somewhat involved‟ in the educational process
◦ The majority of participants are academically proficient – only four
students reported taking developmental education classes

31.  Using the notecards distributed, let‟s hear from
the students.
 Please take a moment with your neighbors, read
your question and response and identify the
following?
◦ How is this student‟s experience distinct from others?
Does it call to mind any of your students‟ experiences?
◦ What can we do as counselors to counter the fears, and
barriers these students face?
◦ Are there any other undertones in these quotes that
stand out to you, and why?
 We will then share out our thoughts

32.  “You see your parents working hard, and they
don‟t make enough money to pay bills.
Another reason is, that‟s why I‟m here in
America. My parents want me to succeed. I
want to feel like I did something with my
life, and not just do what everyone else
does, like work at McDonalds. I want to go
into nursing to help other people and see that
change happen.”
 ‐‐ Student at Austin Community College

33.  “For me I got all of the support, but you have
to do it. They are not with you when you are
taking the exams. But family really helped me
get through college in four years. My mom
and dad barely finished elementary school in
their country, all they could do is pray and
support and give me love and hope for the
best.”
 ‐‐ Graduate of UT‐Austin, Lanier HS graduate

34.  “I‟m in my 2nd year studying nursing. I‟m in
the honors program in the nursing school. I
didn‟t have to apply to get into nursing, since
I‟m in honors. But if I can‟t maintain above a
“C,” I will have to reapply. If it gets too hard, I
was thinking about being a mechanic. My dad
fixes mufflers and radiators, and he gets paid
well. If the Dream Act doesn‟t pass with
nursing then I will go to ACC and study to
help my dad.”
 ‐‐ Student at UT‐Austin, LASA graduate

35.  “It was hard explaining to the international
office that, yes, I‟m an international student
but a Texas resident, but I‟m not supposed to
pay what international students are paying.
My particular counselor wasn‟t well
informed, and I have to do the same thing
ever year… regular counselors did not know
how to advise us. I talked to a counselor; they
always told me to talk to someone else, and
they were not very knowledgeable.”
 ‐‐ Student at UT‐Austin

36. LEGAL
 No/low opportunity to legalize status
 Cannot legally work- (DACA is a temporary solve)
 Cannot get DL/ID
 Cannot travel outside of US
SOCIAL
 Fear of deportation/police
 Language barriers
 Feel like they‟re the only one in this situation
 Negative stigma for being “illegal”
FINANCIAL
 Limited job opportunities
 Victims of wage theft
 High mobility- due to changing wages

37.  Often, do not believe they have the right to higher
education, true or false based on state policy
 Often first-generation or low level of parental
education
 Lack of information or guidance in college
application process
 Low scholarship eligibility (require SSN)
 Not eligible for federal financial aid
 Need co-signer for loans with SSN
 Must apply as international students in some cases
 Generally, less opportunities than other students

38.  As school representatives we cannot legally
ask a student for their legal status.
 Students are afraid, reticent to share
information.
 Consistent changes in policies, and processes
for these students
 Limitations in higher education and funding
opportunities

39. Within your school/office
 Educate yourself/staff on policy issues that
affect these students
 Clearly support policy issues that support
undocumented students
◦ Partner with organizations to present on these
issues to your students and families: student
organizations, immigrant support
organizations, law schools

41.  Partner with Law Schools/ Law Firms in your region
to serve as legal resources
 Create a taskforce with other student-centered
organizations and/or schools addressing this issue
◦ Provide Workshops for Continuing Ed Credit to other
counselors
 Utilize your local College Access Network
 Utilize your school/city/NACAC College Fair to
educate your community on this issue.
 Identify someone within your organization to take
the lead as the Immigration Specialist keeping staff
updated on policy and procedural changes

43. National and Local Resources
Student Advocacy:
United We Dream www.unitedwedream.org
National Immigration Law Center www.nilc.org
Justice for Immigrants www.justiceforimmigrants.org
University Leadership Initiative www.universityleadership.org
Own the Dream www.weownthedream.org
MALDEF http://www.maldef.org/
Policy Updates/ Research:
Pew Research Hispanic Center www.pewhispanic.org
National Conference of State Legislatures www.Ncls.org
Massachusetts: www.miracoalition.org
NCAN: www.collegeaccess.org
Other Resources
Alejandra Rincon www.alejandrarinconphd.com
US Citizen and Immigration Services www.uscis.gov

45. Contact Information
Laura Chrisco
lchrisco@kippaustin.org