Including Undocumented & DACAmented Students in

Study Abroad Conversations

Presentation Outline■ Introduction to DACA

■ Benefits and Limitations

■ Traveling with Advance Parole

■ Advising and Complications

■ Case Studies

■ Q&A with Colleagues

What do we mean by “Undocumented”?

■ Entered U.S. without inspection OR■ Entered U.S. with legal paperwork but status expired

What is DACA?

■ Executive Action by

President Obama (2012)

■ Must meet certain criteria

to apply to USCIS

DACA (Deferred Action for Childhood Arrivals)■ Doesn’t give legal status, but legal presence

■ Costs $465, 90-150 days processing

Limitations■ Enrollment

■ Tuition Rates

■ Employer sponsorship

■ Financial Aid

■ Travel

■ Social Stigma/Fear

Pending Executive Actions (2014)■ Expanded DACA and DAPA

■ Due to a federal court order, USCIS put these on hold

■ A lawsuit was filed and will be heard by the Supreme Court

■ A decision will be issued before the end of June 2016

List of Terms

Advance Parole

Advance Parole■ Allowed to re-enter the U.S. after traveling abroad■ For humanitarian, educational, or work purposes only■ DACA recipients only, cannot apply if DACA is pending■ Apply with Form I-131 (USCIS)■ Cost $360 (without guarantee)■ Why take the risk?

○ Legal entry○ Equal opportunity

Case Study: Wingate University■ Applied for AP Summer 2015 to travel in January 2016■ Documentation

○ Program proposal○ Flight & hotel information○ Advisor recommendation

■ USCIS Delays in Processing

Advising■ Eligibility■ Timing■ Legal Counsel■ Cost of Applying■ Valid Passport■ Visa restrictions■ Financial aid■ Scholarships

Complications ■ Getting the dates you need before you leave■ Financial obligations if early withdrawal (deposit, flights)■ Plan B if AP issued incorrectly or if denied re-entry■ Institutional liability

Wingate Case Study: ■ Student received approval for wrong dates■ Given one month to leave the country■ Lost money from application and tuition■ Completed course but could not travel

Student A - neuroscience major■ Fall 2015 DIS Copenhagen■ Pending Deportation Order > Case Closed

Student B - anthropology major■ Fall 2016 SIT IHP (Jordan, Nepal, Chile)■ Only 3-4 weeks per country (tourist visas)■ Waived application fee■ Partial deposit deferral, transfer of scholarship■ Applying for Advance Parole independently

Case Study: Davidson College

Student C - sophomore, chinese studies minor■ Summer 2016 CIEE Chinese Language and Culture■ Tourist Visa■ Legal Counsel■ Waived application fee■ Applying for an internal travel grant (pending)■ Applying for Advance Parole with legal counsel ($500)

Case Study: Davidson College

Takeaways1. Prepare yourself to accurately advise

undocumented/DACAmented students on their options for international travel

2. Advise students on risks, but support students in decision making

3. Consider creating resources that do not require students to disclose status

4. Identify trusted and accessible legal counsel

Takeaways5. Talk to administration to understand institutional

position on supporting undocumented/DACAmented students

6. Advocate for resources to support undocumented/DACAmented students on campus and in the community

7. Reach out to colleagues for advice and resources

8. Follow the news and stay up to date!

NAFSA ResourcesDACA and Education Abroad: Navigating the RegulationsMarch 29 at 3:00 p.m. EDT Collegial Conversation to discuss the steps that advisers and undocumented students should take before the student participates in a study abroad program. Sign Up for the Conversation

NAFSA Resources

General Resourceshttps://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

https://www.uscis.gov/immigrationaction

https://cliniclegal.org/resources/webinars/webinar-travel-abroad-deferred-action-childhood-arrivals-daca-recipients

http://undocu.berkeley.edu/legal-support-overview/travel-for-daca-mented-students/

http:/ /undocu.berkeley.edu/faq/trip-tips-travelling-with-advance-parole-through-daca/

http://mydocumentedlife.org/category/advance-parole/

http:/ /www.uscis.gov/i-131

https://www.justice.gov/eoir/recognized-organizations-and-accredited-representatives-roster-state-and-city

Questions?Lizz BaxterWingate Universitye.baxter@wingate.edu

Kaela FrankDavidson Collegekafrank@davidson.edu

Heidi WhiteDurham Technical Community Collegewhiteh@durhamtech.edu