• Be knowledgeable of any current court cases to ensure laws are being abided to.
• Ensure undocumented students are being treated and served equally in relation to other students.
• As far as requesting student information, understanding student’s needs is required like language-ability. Legal status information is not needed.
• Be a source of information  for parents and students regarding applications that undocumented students may be eligible for like TAFSA or DACA.

Consideration of Deferred Action for Childhood Arrivals (DACA). https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca

• This decision has protected K - 12 students who are potentially eligible for DACA as well as educators who are DACA recipients. This informs the state of this legal topic, for the counselor responsibility to help undocumented students with their DACA requests was further supported for a certain amount of time.
• The decision does not rule out potential future attempts to eliminate the DACA program. This informs this legal topic, as school counselors must be aware of potential future instances of DACA being terminated. Educators must continue to stay abreast on further proceedings and potential threats to DACA. 
• The article also discusses how in the midst of the global pandemic, deliberation over DACA has placed an additional stressor to the lives of undocumented students, their families, and DACA recipients. This is related to this legal topic, as it underscores the legal issues that school counselors must be aware of to understand the fluctuating conditions undocumented students face in pursuing education, employment, and citizenship. 
• The Supreme Court decision protected DACA applicants and recipients for the time being. Since writing this Padlet slide, however, on June 16th 2021, a federal judge in Texas has now ruled the discontinuance of new DACA applications; Current recipients are not affected (Alvarez, 2021).  This impacts the role of a school counselor as DACA request guidance might not be required as new applications will not be accepted from here on. 

• This article informs the current state of the legal topic. It discusses that since 2001, undocumented college students have been eligible for in-state tuition in the state of Texas with the condition of having "lived in Texas for at least three years, graduated from a Texas high school and pledged to apply for legal status as soon as possible" (Canizalez, 2021, para. 13). School counselors must be aware of such conditions when assisting their undocumented students who are eligible for in-state tuition to help them in the process of applying for colleges.
• There is, however, potential discussion on the elimination of such tuition for undocumented students, as explained in the article. School counselors must stay updated on any future discussion on this matter to be knowledgeable on what that means for their level of college preparation services for undocumented students. 
• Terminating in-state tuition would bring an additional hardship to undocumented students seeking higher education. Even with in-state tuition, affording higher education is still a challenge. School counselors must be aware of additional resources to help their students afford college as in-state tuition conditions is still not enough. 

• The Equal Protection clause of the Fourteenth Amendment holds that a state cannot deprive a person of equal protection under law, meaning that under the law, everyone is treated the same. 
• Undocumented immigrants are included in the Fourteenth Amendment's Equal Protection clause, as there is no distinction of citizenship status regarding this clause.
• By Equal Protection, undocumented immigrants are to be treated the same as others under the law. 
• This constitutional law becomes relevant in protecting undocumented students' right to attend public schools and U.S. colleges, as will be discussed in Slide 8.

• TEC § 54.052 defines residential status to be considered for in-state tuition within the state of Texas.
• This Education Code would be amended in 2001 to consider undocumented students.
• Eligibility for in-state tuition for undocumented immigrant students as stated by Tex. H.B. 1403 (2001) include:
  • Must be a public/private school graduate or have equivalent diploma within Texas.
  • Must have lived in Texas for three years minimum by the time of graduating high school or attaining equivalent diploma.
  • Must have been registered to a college.
  • Must give college/post-secondary institution a written confirmation of intentions and plan to become a resident once able to. 
• These conditions allow undocumented students to be eligible for in-state tuition within the state of Texas.
• It is important to check on any further proceedings regarding these conditions as indicated by Slide 5's discussion on a potential termination of in-state tuition for undocumented students.

• The Texas Education Code had previously enacted a policy to deny undocumented students public school enrollment in 1975
• This decision would be challenged by students who resided in Texas without legal documents and were of Mexican descent.
• Whether Texas legislature's decision was a violation of the Fourteenth Amendment's Equal Protection Clause was deliberated in court. 
• It was ruled that Texas legislature had no reasonable justification for disallowing undocumented students to enroll in public schools; there was no apparent threat to the state. Additionally, it was ruled denying public school education to undocumented students would be violating the Equal Protection clause of the Fourteenth Amendment. 
• Because of this judicial law, undocumented students' right to enroll in Texas public schools is protected. 

• This Texas Administrative Code defines the deadlines for identity documentation when enrolling into Texas public schools.
• Within the first 30 days of enrolling into a Texas school, identification documents are required. 
• The commissioner of education determines what identification is required. Documents include child records like their social security number or another identification number that can be used in place of SSN that is approved by the state of Texas.
• If such documentation is not provided within the 30 day deadline, enrollment cannot be rejected and neither can the child be removed from school. 
• This law prevents undocumented children from being pulled from the Texas public schools just because they could not provide identification documents. 

• Stay updated on legal proceedings involving undocumented immigrants. Currently special attention is required regarding further proceedings on DACA and in-state tuition for undocumented students.
  • This recommendation is further underscored by the fact that during the creation of this legal guide, future approvals for DACA applications are discontinued .
• Be knowledgeable on available and legal financial aid services that undocumented students may be eligible for, including TAFSA. 
• Treat students equally, placing undocumented students at the same level as other students.
• Respect undocumented students' right to privacy, especially when it comes to sharing information to third parties like immigration agencies.
• In regards to student records and information, be knowledgeable on data regarding their needs like second language requirements which is very likely within El Paso, Texas. 
• Understand the hardships undocumented students face when challenged by fluctuating legal restrictions to better understand their needs.
• Do not deprive undocumented students educational services based on a lack of identifying documentation. They cannot be denied enrollment.