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Slide #13 Recommendations/Best Practices for Compliance

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Slide #13 Recommendations/Best Practices for Compliance

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As higher education professionals, we must comply with legal and ethical guidelines in order to ensure educational equity. To become proactive advocates towards immigrant students' rights, follow the recommendations found below:

Establish a feedback system so that we can identify undocumented students basic needs and better our resources and services to meet those needs.

Familiarize staff with resources that can better serve the undocumented student community such as legal websites, local organizations and specific scholarship opportunities.

Create a center for undocumented students so that they can benefit from personalized advising as well as customized resources and services that will enrich their college experience.

Investigate possible budgeting or funding for DACA applications through partnerships or alumni donations. DACA applicants typically come from low-income backgrounds, this is one way we can make an impact in supporting our undocumented students.

Organize with federal and state representatives in order to recognize ways in which we can advocate for educational justice for undocumented students.

Continuously monitor ongoing changes in immigration policies in order to re-evaluate university procedures according to the law.

Meet regularly with the legal team (at least annually) to ensure that trainings, handbooks, and guidelines are up to date according to current laws and legal ethical practices and standards.

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The National Immigrant Legal Resource Center engages in advocacy and immigrant civic engagement to advance immigrant rights. Undocumented students and higher education professionals are both able to benefit from this resource by learning more about DACA under 'Areas of Expertise.'

Through publishing immigrant practice manuals, ILRC is able to help immigration law professionals and advocates expand their knowledge.

They help immigrant communities and organizations advocate for improved policies, better access to services, and safer communities by providing education and community trainings.

Through their constant advocacy work at local, state, and federal levels, policies and procedures are being shaped to create fair and just immigration laws.

Immigrant Legal Resource Center. (2021). Issues/Areas of Expertise. https://www.ilrc.org/

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Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of immigrants with low income.

At NILC, we believe that all people who live in the U.S. should have the opportunity to achieve their full potential. Over the years, we've been at the forefront of many of the country's greatest challenges when it comes to immigration issues, and we play a major leadership role in addressing the real-life impact of policies that affect the ability of low-income immigrants to prosper and thrive.

In April 2019, NILC finalized a new strategic framework, which will govern our work over the next five years. This framework represents a shift in our strategy orientation in recognition of the fact that legal and policy strategies alone are not enough to achieve the long-term transformational change we believe the times require. We will continue to use our litigation and policy expertise to challenge unjust laws and policies that marginalize low-income and other vulnerable immigrant communities and advance systemic policy solutions that make it possible for immigrants and their loved ones to thrive. But we are now also focusing on building a stronger, more inclusive immigrant justice movement and fostering intersectional alliances with other communities in order to amass the political power necessary to hold decisionmakers accountable for making policy changes real and lasting. And we will also engage in narrative and culture change to shift public debate toward the notion that-no matter where a person is born or how much money they have-everyone has a stake and constructive role to play in shaping the country's future.

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What We Do - National Immigration Law Center

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Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of immigrants with low income. At NILC, we believe that all people who live in the U.S. should have the opportunity to achieve their full potential.

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Within the ACPA Statement of Ethical Principles & Standards, Ethical Standard IV- 'Responsibility to Society' outlines how student affairs professionals must advocate for social justice and work to protect human rights. Student affairs professionals must promote respect for human diversity in higher education.

The areas of this ethical principle that align with undocumented student equity include:

Student affairs professionals, both as citizens and practitioners, have a responsibility to contribute to the improvement of the communities in which they live and work.

Student affairs professionals must be willing to assist students in becoming productive, ethical, and responsible citizens.

Lastly, they need to be able to demonstrate concern for the welfare of all students and work for constructive change on behalf of students. This includes being updated on recent laws and legal ethical practices to ensure we recognize when to advocate for undocumented students.

ACPA: College Student Educators International. (n.d.). Statement of Ethical Principles & Practices. https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

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Residency Regulation

Students who have not been granted residency or permitted by Congress to adopt the United States as a domicile while in this country, are classified as foreign students.

Student’s classified as a foreign student may qualify, under certain exceptions specified in the rules, for resident tuition rates.

This grants undocumented students the opportunity to pay lower tuition costs rather than out of state tuition costs.

University of Texas at Austin. (n.d.). University Catalog: Residency Regulations.

https://catalog.utexas.edu/general-information/admission/residency-regulations/

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Under state statutes and Texas Higher Education Coordinating Board rules interpreting them, a student or prospective student is classified as a resident of Texas, a nonresident, or a foreign student. A person who has lived in the state under circumstances specified in the Coordinating Board rules is eligible for classification as a Texas resident. A citizen, a national, or a permanent resident of the United States who does not meet resident criteria is classified as a nonresident. An alien who is not a permanent resident of the United States and has not been permitted by Congress to adopt the United States as domicile while in this country is classified as a foreign student. A person classified as a nonresident or a foreign student may qualify, under certain exceptions specified in the rules, for resident tuition rates and other charges, while the person continues to be classified as a nonresident or a foreign student. Information about the Coordinating Board's rules on residency is published on the THECB website.

A student entering the University for the first time, or reentering after an absence of more than one semester, should carefully review the Coordinating Board rules in order to be prepared to pay the required tuition. Information and advice on residency status is available from the University's Office of Admissions, (512) 475-7391. Information about establishing residency is published by the Office of Admissions.

Effect of absence from the University. Students returning to the University after an absence of more than two semesters may be required to file a residency form.

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Under state statutes and Texas Higher Education Coordinating Board rules interpreting them, a student or prospective student is classified as a resident of Texas, a nonresident, or a foreign student. A person who has lived in the state under circumstances specified in the Coordinating Board rules is eligible for classification as a Texas resident.

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Slide #9 Statutory Law: Equal Educational Opportunity Act

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Slide #9 Statutory Law: Equal Educational Opportunity Act

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Equal Educational Opportunity Act creates equality for all students in public schools.

This mandates public educational institutions to provide the appropriate education so that students can overcome language barriers. This results in an equal level of quality in education for all students.

Equal Educational Opportunity Act, 20 U.S.C. § 1703
https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter39&edition=prelim

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[USC02] 20 USC Ch. 39: EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF STUDENTS

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SUBCHAPTER I-EQUAL EDUCATIONAL OPPORTUNITIES Part 1-Policy and Purpose Sec. 1701. 1702. Part 2-Unlawful Practices 1703. 1704. 1705. Part 3-Enforcement 1706. 1707. 1708. Jurisdiction of district courts. 1709. Intervention by Attorney General. 1710. Part 4-Remedies 1712. 1713. 1714. Transportation of students. 1715. 1716. Voluntary adoption of remedies. 1717. 1718.

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Slide #8 Administrative Law: Deferred Action for Childhood Arrivals (2012)

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Slide #8 Administrative Law: Deferred Action for Childhood Arrivals (2012)

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The Deferred Action for Childhood Arrivals (DACA) program grants students the ability to apply for eligibility to remain in the U.S and have their deportation status deferred.

It grants students job security after graduation as well as paying in-state tuition rates.

This executive act created educational equity for undocumented students.

U.S. Citizenship and Immigration Services. (2021). Consideration of Deferred Action for Childhood Arrivals (DACA).

https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca/additional-information-daca-decision-in-state-of-texas-et-al-v-united-states-of-america-et-al-118-cv

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Additional Information: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”)

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Slide #7 Judicial Law - Plyler v. Doe (1982)

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Slide #7 Judicial Law - Plyler v. Doe (1982)

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In Plyler v. Doe, it was decided by the U.S. Supreme Court to extend the Equal Protection Clause of the 14th amendment to immigrant children in order to remain constitutional.

This allows undocumented students the right to continue pursuing education without the danger of having their educational rights stripped due to their citizenship status.

Plyler v. Doe, 457 US 202 (1982)

https://www.oyez.org/cases/1981/80-1538

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Slide #6 Constitutional Law - Fourteenth Amendment

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Slide #6 Constitutional Law - Fourteenth Amendment

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The Fourteenth Amendment was established to protect citizens from having their rights stripped without due process of law.

It promises citizens equal legal protection.

This grants students the right to due process before having their educational rights stripped.

U.S. Const. Amend. XIV

https://constitution.congress.gov/browse/amendment-14/

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Fourteenth Amendment | Browse | Constitution Annotated | Congress.gov | Library of Congress

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The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.

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The purpose of this guide is to ensure that student affairs professionals have the skills to recognize and apply knowledge of laws and ethical standards that directly impact undocumented students. As a first year student advisor working in the International Students Services department, I advise students from financial aid to registration to admissions. Informing undocumented students of laws that they need to be cognizant of is essential to their academic experience. Students and staff alike need to be able to recognize situations when the law is being violated. This padlet works as a resource to inform yourself and better your advocacy skills to fight towards educational justice for undocumented students.

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Educational equity for undocumented students should become essential knowledge for school administrators on every level. There are certain laws that impact this specific population's educational access. As public school officials, we have to make sure that we are updated and trained to ensure that undocumented students are receiving equal access to education. Not only do we have to comply with federal law but legal and ethical principles as well.

The Dream Act of 2021 (S. 264) and the American Dream and Promise Act of 2021 (H. R. 6.) are two bills currently before Congress. Both bills provide current, former, and future undocumented high-school graduates and GED recipients a pathway to U.S. Citizenship through college, work, or the armed services (S. 264 & H. R. 6., 2021). All higher education student professionals should monitor the development of this act. If either bill were to be passed, it would mean a possible boost in college enrollment due to the pathway to U.S. Citizenship through college attendance.

Dream Act of 2021, S. 264, 117th Cong. (2021). https://www.congress.gov/bill/117th-congress/senate-bill/264/titles

American Dream and Promise Act of 2021, H. R. 6., 117th Cong. (2021). https://www.congress.gov/bill/117th-congress/house-bill/6

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United We Dream is the largest immigrant youth-led community in the country. Through the Educational Equity Program, United We Dream has devised and executed successful initiatives and services to close the significant opportunity gap for immigrant students. United We Dream advocates for policies that provide undocumented students with the resources and services to meet the students' specific needs. As a means to adapt to the need for easily accessible information and resources, United We Dream designed a user-friendly website that provides users ample resources, from how to renew DACA to concise information and outlines for various legal scenarios users may face. The website also provides educators with trainings and tool guides so that we are prepared to recognize when immigrant students' rights are being violated and how to advocate for them as well. United We Dream is essential towards the ongoing fight towards educational justice for immigrant students.

United We Dream Network. (2018). Education Justice. https://unitedwedream.org/our-work/education-justice/

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UWD’s Education Equity seeks to lay the groundwork that advances the educational justice movement in the U.S. by focusing resources and research on the needs and realities of immigrant students in order to increase educational attainment rates.

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Education Justice

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Biden will allow undocumented students to access pandemic reliefFor decades, policymakers have debated who may access public education and the social safety net

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One of the many educational inequities that undocumented students suffer from is coming from low income backgrounds and not having equal access to receive state funding. Under the Trump Administration, undocumented students were banned from receiving any emergency funds. President Biden has now reversed this policy and made it possible for undocumented students to benefit from pandemic relief funds. The Washington Post article goes on to explain the history of educational inequities that undocumented students have been a victim of including:

Proposition 187: prohibited unauthorized immigrants from using non-emergency health care, public education and other services.

It was later ruled that it was considered unconstitutional and violated the Equal Protection Clause of the Fourteenth Amendment.

Coleman, S.R. (2021, June 1). Biden will allow undocumented students to access pandemic relief. The Washington Post. https://www.washingtonpost.com/outlook/2021/06/01/biden-will-allow-undocumented-students-access-pandemic-relief/

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Without any congressional act being taken, undocumented students are still extremely vulnerable to having their educational rights taken. Although immigrant students are able to renew their current DACA status; some states, Texas included, have made it possible to stop new DACA applications from being processed. New students who have recently graduated and are looking forward to college or work opportunities have to put their lives on hold due to their pending citizenship status.

The Daily Texan goes on to report that "on July 16, United States District Judge Andrew Hanen ruled that DACA is “illegal” and ordered the Texas state government to stop accepting DACA applications (Nelson & Huerta, 2021)."

Currently enrolled or prospective undocumented college students who are unable to submit new DACA applications cannot participate in study abroad or work study programs. Once again, undocumented students are a victim of educational inequity in this country which has repeatedly proved as unconstitutional.

Huerta, M., Nelson, L. (2021, October 26). ‘Young people’s lives are on hold. UT community members concerned for undocumented students after DACA ruling.' The Daily Texan. https://thedailytexan.com/2021/10/26/young-peoples-lives-are-on-hold-ut-community-members-concerned-for-undocumented-students-after-daca-ruling/

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“Young people’s lives are on hold.” UT community members concerned for undocumented students after DACA ruling

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Many undocumented students at UT say they are concerned about their future in America amid ongoing litigation surrounding the Deferred Action for Childhood Arrivals program. DACA is a program created under the Obama administration in 2012 to halt deportation of undocumented youth already living in t…

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“Young people’s lives are on hold.” UT community members concerned for undocumented students after DACA ruling