Higher Education for Undocumented Students by Amanda Henderson https://padlet.com/ahenderson201/emfi83o7ig12kmyk Amanda Henderson - Department of Curriculum and Instruction, Angelo State University - Legal and Ethical Principles: EDG 6305 - Dr. Tami Knight en-us 2023-07-19 14:12:35 UTC 2025-12-24 12:22:38 UTC hello@padlet.com Slide #1 - Professional Perspective ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2647940829 As a professional high school counselor, I hope to support all of my students in their personal development while considering the different needs that come with diversity. This legal guide is to provide information to high school counselors as they counsel undocumented students in post-secondary plans and career development. As this topic is directly affected by local, state and federal government, it is important to be informed about laws, policies and procedures that affect the student choices and the responsibilities of the school counselor. This is also an issue that is continuously changing and evolving as different leaders have different goals for this population of students. This topic is applicable as this population is found in most, if not all, high schools in Texas. As a teacher and ESL coordinator, I have already seen this issue affect students and their goals for the future. Helping undocumented students make informed plans for the future is important and relevant for school counselors.]]> 2023-07-19 14:17:39 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2647940829 Slide # 2 - Summary ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649348901 One of the responsibilities of a professional high school counselor is to accurately guide individuals and groups of students in post-secondary educational opportunities and career development (Texas Education Agency, 2018). One group of students that requires specific guidance and up-to-date information is that of undocumented students. With nearly 100,000 undocumented students graduating from high school every year in the United States, and approximately 17,000 of them in the state of Texas, this is an important topic to consider for high school counselors (Zong & Batalova, 2019). Aligning recommendations and guidance to legal mandates and applications is important when considering how best to counsel students as they prepare for the future.
 
A continuing issue affecting undocumented students and their plans after high school is that laws concerning immigration have become politically charged. With the changing and aging of certain laws, like Deferred Action for Childhood Arrivals [DACA], the future for this issue is uncertain. Even if undocumented students pursue and complete a college degree, if immigration reform doesn’t happen, then there may not be a pathway to citizenship and thus to legally enter the workforce. This is an issue that counselors need to keep on their radar moving forward in the next few years. 
 
Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). Texas Counseling Association. https://tea.texas.gov/sites/default/files/Pub_2018_Texas-Model_5th-Edition.pdf.
 
Zong, J. & Batalova, J. (2019). How many unauthorized immigrants graduate from U.S. high schools annually? Migration Policy Institute. https://www.migrationpolicy.org/sites/default/files/publications/UnauthorizedImmigrant-HS-Graduates-FactSheet-Final.pdf
]]> 2023-07-21 22:30:56 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649348901 Slide #3 - Professional Association ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649350933 The American School Counseling Association provides a position statement regarding working with students who have undocumented status. This statement stresses the importance for the school counselor to provide a safe school environment for everyone regardless of citizenship status. The statement also stresses understanding the unique situation of these students as they deal with stressors and barriers that can impede growth and development. School counselors advocate for these students and a system that provides the support they need.

American School Counseling Association. (2019). The school counselor and working with students experiencing issues surrounding undocumented status. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Working-with-Students-Exp 


]]> 2023-07-21 22:47:48 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649350933 Slide #4 - News Article ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649556162 This article by Rodrigues tells the stories of two different students who have faced difficult choices because of their undocumented status and the state laws where they live. This article also chronicles the progression of rulings and policies for undocumented students in Alabama, Georgia and South Carolina.

  • Federal law is silent on whether undocumented students have a right to attend college.
  • Three states ban undocumented students from attending public colleges- Georgia, South Carolina and Alabama.
  • Twenty-three states allow undocumented students in-state tuition. 
  • DACA gives students a lawful presence.
  • Educational success can be discouraging to undocumented students because they may not be able to reap the benefits at the next level because of bans on professional licenses. 
  • Undocumented students have a lack of trust in the system.
  • Many undocumented students experience anxiety in seeking higher education and end up not pursuing it.

Rodrigues, M. (2023). Dreams derailed. The chronicle for higher education. https://www.chronicle.com/article/dreams-derailedbc_nonce=pikwwwq9udcbnnqvhacm7j&cid=reg_wall_signup
]]> 2023-07-22 16:38:23 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649556162 Slide #5 - News Article ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649579047 This article discusses that young students will no longer have access to DACA as the program ages. Because of this it will be more difficult for students to support themselves and participate higher education. 

  • An estimate of 100,000 undocumented students will graduate from high school in the US each year for the next three years. 
  • Only 20% of this year’s undocumented students are eligible for DACA. 
  • Undocumented students who are not eligible for DACA are not able to legally work. 
  • There is no pathway to citizenship for undocumented students who have lived in the US for most of their lives. 
  • Immigration reform is needed. 

Montoya, R. (2023). The post-DACA generation is here: Nearly all of this year’s 120,000 undocumented new high school graduates are ineligible for the policy. FWD.US Education Fund. https://www.fwd.us/news/undocumented-high-school-graduates/ 

]]> 2023-07-22 19:26:13 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649579047 Slide #6 - Statutory, Federal ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649590435 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 affects undocumented students as it limits public benefits for non-qualified aliens.
 
  • This act bars state and local public benefits for non-qualified aliens unless the state passes affirmative laws for eligibility. *Public benefits can include higher education, federal aid, state financial aid and other benefits.
  • This act bars occupational licenses for non-qualified aliens.
  • This affects graduating undocumented students who are unable to seek licensure for certain degrees and make use of completed higher education. 

Personal responsibility and work opportunity reconciliation act of 1996, Pub. L. No. 104-193 (1996). https://www.congress.gov/bill/104th-congress/house-bill/3734


]]> 2023-07-22 21:06:16 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649590435 Slide #7 - Administrative ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649613913 The Deferred Action for Childhood Arrivals policy [DACA] addresses temporary benefits for undocumented immigrants who were brought to the United States as children and have consequently spent the majority of their lives in the country.
 
  • This policy defers removal of certain non-citizens for two years with possible renewal. It includes individuals who...
    • came to the United States as children
    • meet other criteria
    • do not present circumstances that warrant removal
  • This policy allows for other benefits.
    • legally present
    • work authorization
    • Social security
    • Medicaid
  • This policy allows certain undocumented students to legally seek work which in turn helps students support themselves as they seek higher education. 

Department of Homeland Security. 87 FR 53152.

]]> 2023-07-23 01:02:27 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649613913 Slide #8 - Statutory, State ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614226 This state bill addresses higher education tuition for undocumented students in the state of Texas.

  • This bill states that undocumented students in the state of Texas qualify as Texas residents for the purpose of higher education tuition.
  • This bill makes public college education more financially accessible to undocumented students. 

Tex. H.B. 1403, 77th Texas Legislature. (2001).

]]> 2023-07-23 01:06:12 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614226 Slide #9 - Judicial ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614562 The U.S. Supreme Court case Plyler v. Doe addresses rights of undocumented immigrant children in Texas.
 
  • This case finds that a state cannot prevent children of undocumented immigrants from attending public school.
  • As students of public schools, undocumented individuals claim the same education rights as other students.

Plyler v. Doe, 457 U.S. 202 (1982) 


]]> 2023-07-23 01:09:28 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614562 Slide # 10 - Administrative ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614930 According to local policy, school counseling guidelines for higher education counseling apply to all enrolled students. Since undocumented students have a right to enrollment in public education, they also receive higher education counseling. Counselors are to counsel students on post-secondary education, pertinent coursework, financial aid availability and requirements.

Childress Independent School District. (2020). Counseling and mental health: counseling. Board Policy Manual. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=288&code=FFEA#legalTabContent


]]> 2023-07-23 01:13:38 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649614930 Slide # 11 - Ethical Principle ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649615569 Section A.10.f states that school counselors are to "advocate for the equitable right and access to free, appropriate public education for all youth in which students are not stigmatized or isolated" (American School Counselor Association, 2022, p. 5) based on their immigration status.  Undocumented students often feel stigmatized and isolated, especially during career and higher education counseling that they feel cannot apply to them. It is the responsibility of the school counselor to advocate for the student and give informed counsel based on relevant law and policies.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf ]]> 2023-07-23 01:18:47 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649615569 Slide #12 - Non-Law Source ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649627197 Higher ed immigration portal is a website that provides data, policies and resources used to advocate for DACA, undocumented, refugee, immigrant and other international students. Its goal is to provide information and tools to stakeholders so they can be informed and work together to advocate for change for these students. A school counselor can benefit from the tools provided to track information and stay up to date on topics like financial aid, benefits and policies affecting undocumented students.

Higher ed immigration portal. (2023) https://www.higheredimmigrationportal.org/

]]> 2023-07-23 02:44:24 UTC https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649627197 Slide #13 - Recommendations and Best Practices for Compliance ahenderson201 https://padlet.com/ahenderson201/emfi83o7ig12kmyk/wish/2649633544 It is important for high school counselors to adhere to standards, laws and policies as they build a counseling program that address the diverse needs of the student population. These are recommendations for compliance to policies for higher education and career counseling for undocumented students.
  • Examine personal biases and prejudices regarding undocumented students as it is the duty of the school counselor to provide services to all students in their care regardless of immigration status. 
  • Make a plan for career counseling that includes accessible and non-biased supports for undocumented students.
  • Develop an understanding of policies, laws and programs at the federal, state and local levels that affect undocumented students who wish to pursue higher education.
  • Practice continued research on policies, laws and programs at the federal, state and local levels as immigration reform continues to be a politically charged issue that is subject to change. 
  • Build a relationship of trust with undocumented students as fear of deportation of themselves or family members is a stressor that may impede open communication and thus supports that the student may receive.  
  • Establish culturally sensitive (considering language barriers) communication practices with undocumented students and their parents or guardians about their options for higher education, financial aid and other career planning. 

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