UNDERSTANDING THE UNDOCUMENTED STUDENT ENVIRONMENT

Presented by:Rosa Palacios & Patricia Diaz

OVERVIEW – BECOMING AN UNDOCUMENTED STUDENT ALLY

Build an Awarenessof the realities that

undocumented students face

Increase and maintain your Knowledge of

the resources available to students

Enhance your Skills regarding how to

support our undocumented

students

Become an effective Advocate for our

undocumented students

DEFINITIONS

DEFINITIONS

Undocumented Person - A person from a country outside of the United States who is in the United States without official documentation.

DREAMers - Individuals who meet the general requirements of the California Dream Act.

Mixed Families - Families that include both documented and non-documented members.

California Dream Loan -Senate Bill 1210 established the California DREAM Loan Program for purposes of extending loans to students who meet the requirements established by AB 540 and have demonstrated a financial need.

DACA – Common acronym for Deferred Action for Childhood Arrivals. Undocumented immigrants who entered the country before the age of 16, have been here continuously for five years, and were under the age of 31 as of June 15, 2012 may seek deferment of action for period of two years, subject to renewal.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Source: American Immigration Council

Created on June 15, 2012

Deferred action for certain undocumented young people who came to the United States as children

Protection from deportation Employment authorization Drivers license

By September 30, 2015, nearly 700,000 undocumented youth had obtained DACA status

On September 05, 2017 the Federal Government suspended the DACA program

Due to federal court orders DACA has resumed accepting renewal applications

DACA students are often referred to as “Dreamers” due to the California Dream Act

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

DACA status was available if the below requirements were met:

Must have come to the United States before reaching their 16th birthday;

As of June 15, 2012 must have been under the age of 31, physically present in the United States, and must have had a “no lawful status”;

Must be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

ASSEMBLY BILL 540 (AB 540)

Source: AB540.com

ASSEMBLY BILL 540 (AB 540)

AB 540 – A California law which allows non-resident students who meet certain qualifications to pay in-state tuition.

These students may include: undocumented students, students who are US citizens but who are not CA residents, and dependent students whose parents are not CA residents.

Not all undocumented students are AB 540 students.

AB 540 ELIGIBILITY REQUIREMENTS

Attended a California high school for 3 or more years; Must have or will graduate from a California high school or have attained a high school

equivalent degree (GED); Must register or currently be enrolled at an accredited institution of higher education in

California; Must file an affidavit as required by individual institutions, stating that the filer will apply for legal

residency as soon as possible; Must not hold a valid non-immigrant visa (F, J, H, L, A E, etc.)AB540.com more fully explains the bill and answers questions students may have.

AB 2000 – A California law passed in 2014 which expanded AB 540. SB 68 – A new law just passed in California expanding AB 540 eligibility.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS & AB 540

DACA

Created on June 15, 2012 by President Obama

Deferred action for undocumented young people (2 years)

Eligibility requirements

Benefits (Protection from Deportation, Employment Authorization, Drivers License)

Suspended on September 05, 2017

Resumed on January 2018

AB 540

Non-resident tuition waiver

AB 540 eligibility requirements

It is needed to be eligible for Financial Aid under the California Dream Act

Expanded by AB 2000 and SB 68

THE CALIFORNIA DREAM ACT

AB 130 & 131 - stands for Development, Relief, and Education for Alien Minors

Allows California colleges and universities to award undocumented students (AB 540), certain institutional scholarships & state-based financial aid

Institutional scholarships - funded through private donors, alumni contributions, and individual departmental efforts

State-based financial aid - include Cal Grants, State University Grants, and Board of Governor’s Fee Waivers

THE CALIFORNIA DREAM ACT OUTCOMES AND IMPACT

65,000 undocumented students graduate from United States high schools every year

40% of those students live in California

Enables students to attend or afford college, a chance to further their education and positively influence their futures

Source: American Immigration Council

MUNICIPAL ACTIONS

Sanctuary Cities

On November 8, 1971 Berkeley, CA – first to pass a sanctuary resolution

California – 15 Sanctuary Counties

o San Diego, Los Angeles & San Francisco

Many college campuses are considered “safe spaces”

http://polycentric.cpp.edu/2016/11/csu-chancellor-writes-open-letter-regarding-immigration-policy/

ASSEMBLY BILL 21 (AB 21): ACCESS TO HIGHER EDUCATION FOR EVERY STUDENT

Approved by Governor and Filed with Secretary of State on October 05, 2017

Aims to ensure that California’s public and private institutions of higher education strive to foster a campus community that is safe, welcoming for all, and provides access to services and supports for all students, faculty, and staff regardless of their immigration status

Refrain from disclosing personal information concerning students, faculty, and staff, except under specified circumstances;

Advise all students, faculty, and staff to notify the office of the chancellor or president, or his or her designee, as soon as possible, if he or she is advised that an immigration officer, as defined, is expected to enter, or has entered, the campus to execute a federal immigration order;

Notify, as soon as possible, the emergency contact of a student, faculty, or staff person if there is reason to suspect that the person has been taken into custody as the result of an immigration enforcement action;

ASSEMBLY BILL 21 (AB 21): ACCESS TO HIGHER EDUCATION FOR EVERY STUDENT

Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant, except as specified;

Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to promptly refer the entity or individual to the office of the chancellor or president, or his or her designee, for purposes of verifying the legality of any warrant, court order, or subpoena;

Designate a staff person to serve as a point of contact for those who may be subject to immigration actions, as specified;

Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it;

Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to a specified statute, limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law, as specified;

And ensure that certain benefits and services provided to undocumented students are continued in the event that they are subject to a federal immigration order

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB21

UNIQUE CHALLENGES

Financially Socially

Anxiety Discrimination

Source: Communication Evolved Blog, UnitedWeDream.orgNational Immigration Law Center

MENTAL WELL-BEING

FearDeportation

Family Separation

DepressionSubstance

AbuseIsolation

ShameKeeping Secrets

Loss of self worth

AnxietyUncertain

FuturePressure

from family

Source: American Psychological Association

Familiarity with Available Resources at CSUSM

CSUSM SUPPORT FOR OUR STUDENTS

WebPortal StudentCenters

The DREAMER

ResourceOffice

• The Latin@ Center• The Veterans Center• The Black Student Center

• The Cross-Cultural Center• The LGBTQA Pride Center• The Gender Equity Center

CSUSM Support for our Students

CSUSM SUPPORT FOR OUR STUDENTS

WebPortal StudentCenters

The DREAMER

ResourceOffice

On/Off Campus

Advocacy

Source: Educators for Fair Education

HOW YOU CAN PROVIDE SUPPORT

Undocumented Immigrant Policies and Terms

Keeping an Open Mind

First Generation College Students

Every Student is Unique

Safe Space

On/Off Campus Support

ETHICAL CONSIDERATIONS WHEN PROVIDING SUPPORT

Don’t advise undocumented students to self-identify in situations that might put them at risk. Examples would include, protests, photographs and videos.

Testimonial Video

Positive testimonial from UC Berkeley students discussing the positive influence the support they received had on their education and future success.

Case Study

Work on your assigned case study as a team and discuss and present how your team would advise/support the student.