Audience: This Legal and Ethical guide has been compiled for college and university admissions and recruitment staff to guide them in assisting undocumented and DACA students during their college admission process. 

Legal Guide Topic: Undocumented and DACA Students and College Admissions

Reason for Topic Selection:  The students I have had the ability to work with are in unique places in their educational journey and have different needs for their college experience. I have found that undocumented and DACA students face unique obstacles during their college admission process. This legal and ethical guide was created in hopes that those that review the material can better serve undocumented and DACA students.  

Importance of Legal Guide Topic: Undocumented students have a right to attend college in the United States. Due to the potential enrollment challenges undocumented students may face, such as ineligibility for federal aid, colleges should work to find and provide resources for undocumented students. McLennan Community College is an open access school meaning all students that have received a diploma from an accredited High School/GED, have completed the admissions testing, and submitted a college application are accepted as a student. The college does not require a social security number for students to apply or receive scholarships through the McLennan foundation which prevents challenges for undocumented students.  

Best Practices:  

-Provide inclusive materials for all admissions and recruitment documents: this includes photos that are representative of all students and providing documents in Spanish. 

-Employ a staff that is knowledgeable about other cultures and work to support students and create a welcoming environment for all students regardless of their race. 

-Provide resources to undocumented students to assist them in navigating their college admission process. Not all students choose to self-identify as undocumented; therefore, information should be available without them needing to ask. 

Emerging Issue:  Mrs. Hamilton discussed the importance of staying up to date with current state and federal legislation. She is currently a member of Texas Association of Collegiate Registrars and Admissions Officers as another resource to stay up to date on legislation and the impact on higher education. A topic being closely monitored is DACA status after the presidency has changed. Higher Education officials will continue to be aware of how they can best serve undocumented students.  

Citation: Hamilton, D. (2021, March 5). Personal Interview [In-Person Interview]. 

Summary: The Supreme Court determined to block the termination of DACA on 6/18/2020. This decision allows DACA students peace of mind while they continue their higher education journey and allows Community Colleges to continue providing a college education for all students. The legislative decision provides permanent and legal protection to DACA students. 

Citation: Bumphus, W. G. (2020, June 18). AACC Statement on DACA Decision. Retrieved March 05, 2021, from https://www.aacc.nche.edu/2020/06/18/aacc-statement-on-daca-decision/

Summary: 

-The Deferred Action for Childhood Arrivals (DACA) protects undocumented individuals that were brought to the US before 16 years of age allowing them to live, obtain an education, and work in the United States. 

-According to Mangan in their 2020 Article, Supreme Court Ruling Relieves DACA Students and Energizes Activism, There are 450,000 undocumented students enrolled in US college and universities and 216,000 of those students have or are eligible for DACA protection. 

-The Trump administration previously attempted to rescind DACA which would remove the right for DACA students to receive an education in the US. The decision was reviewed by the US Supreme Court which determined DACA will remain allowing the students to continue pursuing their college education. 

Citation: Mangan, K. (2020, June 18). Supreme Court Ruling Relieves DACA Students and Energizes Activism. Retrieved March 07, 2021, from https://www.chronicle.com/article/supreme-court-ruling-relieves-daca-students-and-energizes-activism

Link: https://www.insidehighered.com/news/2021/01/21/biden-takes-action-immigration-day-one

-President Biden signed a memorandum preserving and fortifying the DACA Program and an executive order repealing a travel ban policy established by the Trump administration. 

-Biden’s decision protects Dreamers against deportation which affects many college students in the US. 

-In addition to the protection of DACA students President Biden’s policies are also correcting several immigration and visa policies that affect international students. 

Citation: Redden, E. (2021, January 21). Biden takes action on immigration on day one. Retrieved March 07, 2021, from https://www.insidehighered.com/news/2021/01/21/biden-takes-action-immigration-day-one

Link to Full text of law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.54.htm

-Allows non US citizens or permanent residence the ability to be classified as a Texas resident for tuition purposes in higher education. 

-Students can gain in-state residency if they have graduated from a Texas high school/have obtained a Texas GED and the length of time they have resided in Texas.

-Students will need to submit an affidavit to their school to determine residency status.
Citation: Tex. Educ. Code § 54.052

Link to Full text of law: https://constitution.congress.gov/browse/essay/artII-S3-1-3-1/ALDE_00001160/

-The president is responsible for ensuring that the laws are faithfully executed, including immigration laws. 

-Sum of total discretionary powers which congress can grant heads of departments and executive agencies of the government (example- department of homeland security or department of education)
Citation: U.S. Const. Art. II § 3.

Link to Full text of law: https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

-It was found that DACA is a non-enforcement policy that provides opportunities for immigration relief.

-The court did not accept the memorandum by Acting Secretary Elaine Duke  as basis for rescinding DACA.

-The court found granting eligibility for benefits, such as social security, is one aspect of DACA and the other aspect is the ability to grant deferred action. 

-Justice Sonia Sotomayor is continuing to press the court to review the request to rescind DACA against the fifth amendment.  

Citation: Department of Homeland Security v. Regents of the University of California, 591 U.S. 18–587 (2020)

Link to Full text of law: https://www.ecfr.gov/cgi-bin/text-idx?node=34:1.1.1.1.33&rgn=div5

-Undocumented Students are protected under FERPA. 

-Higher education institutions cannot release student records without written consent from the student unless the request is supported by a warrant, subpoena, or judicial order. 

-The FERPA protection means that if the student shares their immigration status it will be protected.
Citation: 34 CFR Part 99

-Texas State University has created a bobcat dreamer sage office program that designates “Dreamer Safe Offices” to ensure undocumented and DACA students receive services and resources. 

-Texas State University also complied a list of “Dreamer Allies” that students can access to find faculty and staff members that are supportive of dreamers to serve as a support system. 

Citation: Texas State University. (2021). Immigrant students including undocumented students and students with DACA. Retrieved March 11, 2021, from https://www.sdi.txstate.edu/ProgramsResources/Immigrants.html

Link: https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

-Section 4.3 discusses student affairs professionals should not discriminate based on several items including culture and ethnicity. It is also stated that student affairs professionals should work to change discriminatory practices. 

-Section 2.12 states student affairs professionals should develop multicultural knowledge and skills to assist them in their work with students. 

Citation: ACPA College Student Educators International. (2006). Statement of Ethical Principals and Standards [PDF]. Washington DC: APCA.

2.  Colleges and Universities should provide resources to undocumented students to assist them in navigating their college admission process. Not all students choose to self-identify as undocumented; therefore, information should be available without them needing to ask. 

3.  The US Supreme Court blocked the proposal to rescind DACA giving students the ability to legally attend higher education institutions; therefore, college admissions officials will need to ensure their admissions application allows DACA students to apply to their college or university. 

4.  Undocumented and DACA students are protected under FERPA; therefore, their status must remain protected by all school officials if shared. 

5.  Undocumented students are eligible for in-state tuition in Texas if certain requirements are met and an affidavit is submitted to the admissions department. 

6.  According to APCA College Student Educators International Statement of Ethical principles and Standards college officials should not discriminate based on ethnicity and should develop multicultural knowledge to best serve students. 

7. Colleges and Universities should strive to recruit a diverse staff and provide diversity, equity, and inclusion training to all college employees. 

8. College and Universities can compile information from staff and faculty members that are willing to serve as resources and mentors for undocumented students. Examples of additional helpful information that the colleges and universities can track in employees is those that are bilingual and those whom have completed extensive diversity training and have a passion to help undocumented students.