Access to Public Education Guide - Educators for Fair Consideration

Access to Public Education Guide
uUnlocking the Key to Our Nation’s Future
National Korean American Service and Education Consortium * www.nakasec.org
Korean Resource Center * www.krcla.org
Unlocking the Key to Our Nation’s Future
Access to Public Education Guide 1
Investing in the education of young people is the key to America’s prosperity
Korean Resource Center (KRC)
National Korean American Service & Education Consortium (NAKASEC)
May be copied for personal, noncommercial use
©2008 All other rights reserved
DISCLAIMER: this material is composed of information of a general nature that does not constitute a professional
nor legal opinion. If you require specific advice, you should resort to a duly qualified professional. KRC or NAKASEC
will not assume any responsibility for the information contained in this material.
1
TABLE OF CONTENTS
INTRODUCTION
How immigrants students become undocumented …… ……………………………………….......5
Rights of immigrants based on immigration status ……………….……………………………….. 7
Barriers undocumented immigrant students face .……………………………….………..……….. 8
Who are undocumented immigrant students? ……………………..…… …………………………9
KINDERGARTEN TO GRADE 12
Enrolling your child in school …………………………………………………………………….10
Right to K to 12 public education and related immigration laws……………………….……...….. 12
Non-visa holding/undocumented immigrant students
What schools can & can’t do
Recommendations for public schools
Legal foreign students
POST-SECONDARY EDUCATION
California residency requirements ..……………………………………………………….…….. ..17
Education rights for undocumented immigrant students ..……..………………………….…….. 18
California in-state tuition (AB540) ………………………………………………………….…… 19
Basic guidelines for undocumented immigrant students ………………………………….…….... 21
Financial aid ……………………………………………………………………………….…….. 23
PROPOSED FEDERAL & STATE LEGISLATION AND POLICIES ……………………………….….. 24
THE BIG PICTURE ……………………..................................................................................................…27
APPENDIX
California non-resident tuition exemption request form (AB540 Form) ……………………......…28
SOURCES……………………………………………………………………………………..…...29
INTRODUCTION
The prevailing public perception is that Asian American
& Pacific Islander (AAPI) students excel in school and
face few barriers. This “model minority” myth about
AAPIs is misleading and results in policymakers focusing
less attention on their needs.1 In particular,
undocumented AAPI students are facing more difficulties
than ever in exercising their right to public education and,
for post-secondary students in California, in-state tuition.
This problem is largely the case of a troubling increase in
the number of public schools as well as universities and
colleges denying undocumented immigrant students their
educational rights because of a misinterpretation of the
existing laws and often anti-immigrant sentiments.
(KRC’s youth deliver DREAM Postcards to Xavier Becerra’s office in the
Summer of 2007)
Education is a chief determinant of one’s success and quality of life. Census data shows that a high
school graduate will earn $1.2 million in a 40-year span, compared to $2.1 million for a person with a
Bachelor’s degree, and $2.5 million for a person with a Master’s degree.2 Dropouts are more likely
to be unemployed, and for those who work, pay is low, advancement is limited, and health insurance
is less available.
States who contribute significantly to elementary and secondary schools also see net returns; from a
marked decrease in income inequities and poverty rates to a reduction in crime rates.3 According to
research conducted by the University of California, Berkeley’s Survey Research Center, every dollar
put into post-secondary education is expected to result in a net benefit of three dollars. For
example, education enables states to earn more tax revenue and spend less money on social services
and prisons due to reduced crime rates.4 Moreover, the failure to graduate results in tremendous
economic losses for states as well as individuals; in 2002-2003 alone, dropouts cost California $14
billion in lost wages.5
NAKASEC and its affiliates hold true to the belief that investing in the education of young people is
the key to our nation’s prosperity and that access should be provided to all. This guide was
produced in response to a growing number of cases that NAKASEC and its affiliates received of
students being denied admissions to public education institutions and in-state tuition. Intended to
help students, parents, and individuals who work and advocate for immigrant students, this guide
provides an overview of the U.S. education system, information about California state law as it
governs public education, and an in-depth analysis of current immigration laws that affect an
immigrant student’s educational rights.
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HOW IMMIGRANT STUDENTS BECOME UNDOCUMENTED
America is in the midst of a national crisis with immigration. Today’s
immigration system is dysfunctional and unworkable with 12 million
undocumented immigrants working and living in the shadows;
millions more caught in the family immigration backlogs; employers
unable to fill the growing labor demands with the current workforce
alone; hundreds being deported daily; and thousands dying at the
borders in their pursuits of better lives.
While Americans were awakened to the “immigration problem” following the mass mobilizations of
immigrants in 2006, what is less widely known is the impact of the broken immigration system on
Korean Americans and AAPIs. Korean American and AAPI families are commonly a mix of U.S.
citizens, lawful permanent residents, and non-immigrants who work, study and live in America. And
various segments of our community have been most directly impacted by the failures of the
immigration system.
Family sponsorship is the most common way Korean immigrants are admitted into the U.S. In
2004, 56% of Korean arrivals were sponsored by their families. Yet the current immigration
backlogs has meant that U.S. citizens and lawful permanent residents must wait years, sometimes
even decades, in order to reunite with family members in the U.S. Most recent reports indicate
upwards of 1.5 million AAPIs (including 77,000 Korean Americans) are caught in the family
immigration backlogs.6 For example, a U.S. citizen parent petitioning for an unmarried adult son or
daughter from Korea and China must wait approximately six years before s/he can immigrate to the
U.S. A U.S. citizen petitioning for a sibling from India must wait approximately 11 years before
s/he can immigrate to the U.S. If the sibling is from the Philippines, the wait is approximately 22
years. These backlogs, including the rise in naturalization backlogs, result in the lengthy separation
of family members and contribute largely to the growing population of undocumented
immigrants. 7 In other words, many AAPI family members must choose between enduring the
agony of waiting indefinitely to be reunited with family members or becoming part of the growing
population of undocumented immigrants in the U.S. Most AAPIs become undocumented by
overstaying their visas.
Undocumented immigrant students generally enter the U.S. at a young age with their parents.
Knowing no other home but the U.S., they grow up speaking English and become fully integrated
into American society. With the exception of students who are denied admissions into K-12
educational institutions, most do not know they are undocumented until they begin looking for parttime employment or file post-secondary admissions forms.
In realizing that they lack
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documentation or any way of legalizing their status, immigrant students see the road to their futures
blocked before them.
Although federal and state laws clearly protect undocumented immigrant student access to public
education (from K to 12 to higher education), these cases of admissions denials will continue until
the immigration system is fixed. For this reason, public education access must be seen within the
larger perspective of immigration reform. Until Congress passes just, humane and workable
immigration reform laws enabling undocumented immigrant students to adjust their status, there will
be governmental agencies as well as individuals who will carry out harsh enforcement measures that
harm immigrant communities that include the criminalization of immigrants, raids at workplaces &
homes, and the denial of basic rights, including the right to drive or attend public schools.
6 | P a g e BARRIERS UNDOCUMENTED IMMIGRANT STUDENTS FACE
Undocumented immigrant students in California face an uncertain future with
one out of two unable to graduate from high school. Of those, less than half
will go on to college and only fifteen percent will earn a degree.8 Why?
•
•
•
•
Denial of K-12 education: In spite of the landmark
Supreme Court decision in Plyler v. Doe, guaranteeing the right
to K-12 public education, many school systems in the country
deny access to undocumented immigrant students as standard
practice, either due to misinterpretation of this law and/or
anti-immigrant sentiments (For more information, see “What
Schools Can Do & Cannot Do” on page 12).9
•
Denial of in-state tuition: Ten states including
California, Illinois, and New York have adopted laws
permitting qualified undocumented immigrant students to
receive in-state tuition. Unfortunately, a significant number
of these students forego higher education for financial reasons
because their high school counselors/teachers and parents are
not aware of such in-state tuition laws. Furthermore, public
institutions of higher learning have wrongly denied in-state
tuition to hundreds, potentially thousands, of qualifying
students.
Denial of admission to post-secondary educational institutions: Undocumented
immigrant students have been denied admissions to colleges and universities, because schools
are interpreting federal law erroneously. For example, some California community colleges are
expanding application of federal law, which prohibits current traveler visa (B1 and B2) holders
from entering schools, to undocumented immigrant students who have expired visas. 10
Recently, the North Carolina Community College System reversed its open-door policy that
allowed undocumented immigrant students to pursue college degrees. This was despite a
statement from the Department Homeland Security (DHS) which states that it does not require
any school to determine a student’s status.11
Lack of financial resources: Due to limited economic opportunities, more
undocumented immigrant family members live in poverty. Students from low-income
households must juggle an extra job(s) in order to contribute to the family income and finance
their schooling. College-bound undocumented immigrant students have an additional hurdle
because they are ineligible to receive federal government aid, such as Pell grants and loans, or
state benefits such as Cal Grant awards.
Uncertain future: Many undocumented immigrant students struggle with understandable
feelings of hopelessness or depression because of the tremendous barriers they must overcome
to realize their educational goals. For those able to graduate, they face the prospect of being
unable to work in the field of their study or choice. They also live in real fear of being detected
by immigration authorities and subsequently detained and deported to countries that are
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unfamiliar to them. These feelings may inhibit a student from excelling or even lead them to
drop out of school.
WHO ARE UNDOCUMENTED IMMIGRANT STUDENTS?
Based on the 2008 report from the Department of Homeland Security (DHS), it is estimated
that there are about 12 million undocumented immigrants. There is, however, no official
national research data on how many undocumented immigrant students are in the U.S. The
Pew Hispanic Center, a nonpartisan research organization, estimates that there are 1.8
million undocumented immigrants under 18 years of age living in the U.S.12 It also reports
that 40% of those undocumented immigrant students live in California.13 The following is
more information about undocumented immigrant students.
•
About 80,000 undocumented immigrants turn 18 years of age every year, but 16-20% drop out
from high school. As a result, roughly 65,000 undocumented immigrant students who have lived
in the U.S. five years or longer graduate from high school every year.14 In 2001, between 5,000
and 8,000 undocumented immigrant students in California graduated from high school.15
•
Approximately 1.5 million of the estimated 12 million undocumented immigrants living in the
U.S. are AAPIs.16 One out of five Korean Americans are undocumented.17
•
AAPI students make up 40-44% of the undocumented undergraduate population within the
University of California system, and between 55-60% of them are AB540 recipients.18 Korean
American undergraduate and graduate students make up over 50% of “potentially
undocumented” recipients of AB540 among all AAPI ethnic groups.19
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KINDERGARTEN TO GRADE 12
Children regardless of their immigration status have the right
to public education with limited exceptions.
Enrolling Your Child in School
The United States has compulsory school attendance laws. All children between the ages of five to
sixteen are required to attend school in most states. For example, in California, children below
sixteen years of age must attend school full time.
HOW MOST U.S. SCHOOLS ARE ORGANIZED
Elementary School
Kindergarten to Grade
5
Ages 5 to 10
Junior High School
Grade 6 to 8
Ages 11 to 13
Secondary or High
School
Grade 9 to 12
Ages 14 to 18
Post-secondary or
Higher Education:
Community Colleges,
Universities, or Trade
Schools
•
Kindergarten: Kindergarten attendance is not required by law in California, but parents have
the right to enroll their children in public kindergarten once they have reached the
appropriate age. Schools must admit children who have reached five years of age on or
before December 2 of that school year. Admission must occur at the beginning of the school
year or whenever a student moves into the school district.
•
Elementary School: In most states, including California, in order to enter public school at
the beginning of the school year (September), a child must reach six years of age on or before
December 2 of that year. Children enrolling in public school after completing one year of a
private kindergarten may be admitted to first grade at the discretion of the district.
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In order to enroll your child in a California school, you may need to present the following
documents and no other substitutes20:
Student medical records: Students entering kindergarten will need a total of five
DTP (diphtheria, tetanus, and pertussis) immunizations; four polio
immunizations; two MMR (measles, mumps, and rubella) immunizations; three
hepatitis B immunizations; and one varicella (chicken pox) immunization.
Students entering seventh grade must show proof of three hepatitis B shots and a
second measles (or MMR) shot;
Documents that show your child’s name & age: A birth certificate or
passport, baptism certificate duly attested. When none of the foregoing is
obtainable, an affidavit by the parent, guardian, or custodian of the minor or any
other appropriate means for proving the age of the child; and
Proof that your child lives in the school district: School district residents must
provide a current utility bill (such as gas, telephone, water, garbage, or cable TV),
close of escrow papers, or recently signed rental/lease agreement (with name,
address and telephone number of lessor). The parent/guardian must provide
proof of residency as determined by the district, along with an Affidavit of
Residence Form for each subsequent year.
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RIGHT TO K TO 12 PUBLIC EDUCATION AND RELATED IMMIGRATION LAWS
NON-VISA HOLDING/UNDOCUMENTED
IMMIGRANT STUDENTS
The U.S. Supreme Court in Plyler v. Doe, 457 U.S. 202 (1982),
invalidated a Texas law authorizing school districts to bar
undocumented immigrant students from public elementary and
secondary schools. The Court stated that undocumented immigrant
students have the same right to free public education as U.S. citizens
and legal permanent residents under the Fourteenth Amendment.21
Undocumented immigrant students are obligated, as are all other
students, to attend school until they reach the age mandated by state
law. Further, public schools and school personnel are prohibited
under Plyler from adopting policies or taking actions that would
deny student access to education based on their immigration status.
What Schools Can Do & Cannot Do:
As a result of the Plyler ruling, public schools may not:
• deny admission to a student during initial enrollment or at any other time on the basis of their
immigration status;
• treat a student differently to determine residency;
• engage in any practices that “chill” the right to access public school (e.g. school officials are
not allowed to require children or their parents to prove their legal status);
• require students or parents to disclose or document their immigration status;
• make inquiries of students or parents that may expose their undocumented status;
• deny participation in programs based on their immigration status; and
• require Social Security numbers from all students, as this may expose undocumented status.
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Recommendations for Public Schools:
Public Schools should:
• act to preserve the right of access to public
education;
• assign a school-generated I.D. number;
• allow participation in special programs including
bilingual education, special education, Head Start,
etc.;
• be aware that they have no legal obligation to
enforce U.S. immigration laws; and
• provide language access services to Limited English
Proficient families, such as interpreters for parentteacher conferences.
The Privacy of the Student’s
Files is Guaranteed by Law
The Family Education Rights and Privacy
Act (FERPA)(1974) prohibits schools from
providing any outside agency, including
the Department of Homeland Security
(DHS) or U.S. Citizenship and Immigration
Services (USCIS), with any information
from a student’s school file that would
expose their immigration status without
first receiving permission from the
parents. The only exception is when an
agency secures a court order (subpoena).
LEGAL FOREIGN STUDENTS
(STUDENTS WHOSE IMMIGRATION STATUS ARE KNOWN)
Currently, the Plyler decision stands as good law and prohibits
the exclusion of undocumented immigrant students from
public elementary and secondary schools; in the case of legal
foreign students, however, the federal government expressly
allows the exclusion of legal foreign students from public
schools.
F-1 visas (student visas)
In 1996, Congress passed a law that restricted legal foreign students with F-1 visas from admissions
to U.S. public elementary and secondary schools.22 Under current federal law, students with F-1
visas are:
• prohibited from attending public elementary schools or publicly-funded adult education
programs;
• limited to twelve months of secondary school attendance; and
• required to pay the secondary schools the full, unsubsidized cost of education (The full,
unsubsidized cost of education is the cost of providing education to each student in the
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school district where the public school is located. Costs normally range between $3,000 and
$10,000).
The above restrictions apply to these legal foreign students with F-1 status who:
• need an I-2023 to study in the U.S.;
• leave the United States and want to return to continue their studies; and
• want to transfer from a private school or program into a public school.
The restrictions do not apply to the following legal foreign students with:
• another visa status, such as J-1 (foreign exchange), J-2 (dependents of J-1) , F-2 (dependent
of F-1), L-1 (visa available to employees of an international company with offices in both a
home country and the United States), M-2 (defendant of M-124), G-4 (visa granted to officers
or employees of international organizations and members of their immediate families), or
students whose parents are in the U.S. as diplomats or researchers;
• F-1 status who attend private schools, training or language programs;
• F-1 status who were attending public schools when the law came into effect on November 30,
1996; and
• expired F-1 visas.
Special restriction on B visa (visitor visa) holders
Federal law does place restrictions on other types of visas which are not
designated as student visas. For example, prior to September 11, 2001, there
were no restrictions placed on B-1 visa holders25 who enrolled in a course of
study. However, in 2002, the federal law changed26 so that a student holding a
B-1 visa who attempts to enroll in a public elementary or secondary school in
the U.S. would be in violation of the terms and conditions of her/his visa. This
law, however, does not have any impact on undocumented immigrant students
(e.g. students who became undocumented by overstaying her/his visa).
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Student visa categories which lawfully permit legal foreign students to attend public school:
Aside from the previously mentioned F-1 and B-1 visa categories, there are several other visa
categories under which the vast majority of non-citizens and their children enter the U.S. If a
student has obtained one of these visas which lawfully permit her/him to attend public school, s/he
may not be denied a public education and may lawfully attend her/his school. Below is a
description of the student visa categories which summarizes restrictions on public education.
SUMMARY OF K-12 EDUCATION ELIGIBILITY BASED ON VISA STATUS
Visa Type
F-1 visa is a non-immigrant visa issued to a
legal foreign student who is coming to the U.S.
to purse full-time studies in a U.S. academic
institution
B-1/B-2 visa is issued to a legal foreign
visitor having residence in a foreign country
which s/he has no intention of abandoning and
who is visiting the U.S. temporarily for business
or pleasure.
Derivative visa is issued to dependents of
primary visa holders.
All other immigrant visas: A, E, G, H-1,
J-4, K, L, N, NATO, O-1, O-3, R or V.
Undocumented immigrants
Anyone who came to the U.S. without
inspection or overstayed her/his visa.
Pending beneficiaries under 245(i) and their
families who have not been able to obtain legal
status or adjust their status.
Eligible For K to 12 Public School?
No, unless one limits study at a public school to
1 year and pays full reimbursement for the total
cost of the education ahead of time
No, unless one obtains an F-1 or M-1 student
visa.
Yes. Student studying on derivative visas, such
as F-2, J-2, H-4, or L-2, are not affected by
current restrictions.
Yes. Once student’s immigrant status has been
verified, the student may then establish state
residency by meeting the residency criteria.
Yes, under Plyler.
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Post-secondary Education
Post-secondary education includes any education beyond secondary
school. This includes community colleges, vocational training, four-year
colleges, online colleges, graduate and professional schools such as
medical school and law school. In California, there are three kinds of
public institutions: University of California (UC) system schools,
California State University (CSU) system schools, and community
colleges. UC and CSU systems offer 4-year programs that offer some
Bachelor’s degrees. Given the great difference in tuition, some students
choose to attend a community college and plan on transferring to a 4-year
college later to save money.
TYPES OF DEGREES AVAILABLE AT POST-SECONDARY INSTITUTIONS
Degree
School
Years of Schooling
Certificate
Community College/ Trade School
Six months to two years
Associate’s
Community College
Two years
Bachelor’s
Four-year College or University
Four years
Master’s
University
Two years
Doctorate
University
Two to eight years
Professional
Specialized School
Two to five years
FOR U.S. CITIZENS AND LPRS, the admission process is straightforward. You apply, get accepted,
choose your school, and enroll in classes. U.S. CITIZENS, LPRS, AND CERTAIN NONIMMIGRANT/IMMIGRANT VISA HOLDERS (see CALIFORNIA RESIDENCE REQUIREMENTS for more
information) can get in-state tuition if s/he satisfies residence requirements under California law.
LEGAL FOREIGN STUDENTS coming from abroad to attend college in the U.S. may have student
visas. Each student obtains an I-20 from the college and uses this document to apply for a F visa at
a U.S. consulate. Upon receipt of a F visa, s/he may enter the U.S. and begin college studies.
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•
•
•
9
9
New Hampshire
Washington
Vermont
Montana
Massachusetts
North Dakota
Maine
Minnesota
Oregon
Wisconsin
Idaho
South Dakota
Rhode Island
Nebraska
Nevada
New York
Michigan
Wyoming
Pennsylvania
Iowa
Ohio
Utah
Delaware
Colorado
Kansas
California
Connecticut
New Jersey
Illinois Indiana
Missouri
Virginia
Maryland
Kentucky
Washington, D.C.
Oklahoma
Arizona
New Mexico
Tennessee
Arkansas
Alabama
Mississippi
North Carolina
South
Carolina
Georgia
Texas
Louisiana
Alaska
Florida
Hawaii
West Virginia
CALIFORNIA IN-STATE TUITION (AB540)
With the passage of AB540 (codified as Cal. Educ. Code 68130.5) in
2001, qualified UNDOCUMENTED IMMIGRANT STUDENTS can pay instate tuition rates at California public colleges and universities
(NOT private schools).
A SIGNIFICANT DIFFERENCE BETWEEN IN-STATE AND OUT-OF-STATE TUITION RATES IS
BELOW:
California Community College
California State University
University of California
Private College/University
In-State
Out-of-State
$20/unit
$173/unit
$3,200/year
$13,454/year
$9,142/year
$ 24,103/year
Does not provide in-state tuition/
$ 19,000 -36,000/year
(e.g. University of Southern California (USC),
Pepperdine, Loyola, etc.)
(The tuition rates are based on 2008 data, and the rates may differ between schools.)
REQUIREMENTS FOR AB540 ELIGIBILITY INCLUDE THE FOLLOWING (see Appendix for a
sample AB540 Form):
Attend a high school in California for three or more years (non-consecutive);
Graduate from a California high school, receive a high school equivalency
certificate issued by the California State GED office or receive a Certificate of
Proficiency;
File the AB540 nonresident tuition exemption request form and sign the
confidential affidavit included with the form stating that the student will apply
for legal residency as soon as possible; and
(To download a AB540
guide, please visit
http://krcla.org/ko/Ab
540)
Not be a non-immigrant holding a visa in one of the following categories: A,
B,C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD, and V, and TROV
and NATO.
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AB540 eligibility requirements do not explicitly include
state residency. Under the law, undocumented immigrant
students are NOT required to:
•
show a state-issued ID or Social Security number to
apply for admissions to a California college or
university;
•
pay out-of-state fees to enroll in a California college
or university if they qualify for AB540; or
• show proof of legal residency status or proof of
application pending for legal residency status for
themselves or their families.
If an undocumented immigrant student satisfies AB540
eligibility requirements, all s/he has to do is to complete the
AB540 form - the “California Nonresident Tuition
Exemption Request”- and send it to the college. For more
information on how to apply for AB540, check out KRC’s
“An Introduction to AB540” pamphlet, available online at
http://krcla.org/en/ab540.
Applying for AB540 Can Expedite
Your Admissions Process!
AB540 is a well-recognized law - during
the 2005-06 academic year, 1,483
students in the UC system were receiving
AB540.
While some schools may not know how
to process an undocumented college
applicant, almost all have protocols for,
or experience, processing AB540
applicants, because it is codified by law.
Things will be smoother once the school
is aware that you will request the AB540
exemption.
IN-STATE TUITION: WHO QUALIFIES FOR IN-STATE TUITION RATES IN CALIFORNIA?
Status
Eligible for in-state tuition?
UNDOCUMENTED IMMIGRANT STUDENTS YES, they qualify for in-state tuition rates based on
who attended three or more years and graduated AB540.
from a California high school or took the GED.
IMMIGRANTS AND CERTAIN NONIMMIGRANTS who are not precluded from
establishing residency in the U.S. Those nonimmigrants are: : A-1, A-2, A-3, E-1, E-2, G-1,
G-2, G-3, G-4, H-1, H-4, I, K-1,K-2, K-3, K-4,
L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3,
T-4 and V-1, V-2, V-3 visa holders.*
They MAY qualify for in-state tuition rates AS LONG AS
the student can prove residency 29 under state law and
immigration status (must consult an immigration attorney
if you are not residing in California).
NON-IMMIGRANT VISA HOLDERS such as F, J NO, they need to pay out-of-state tuition rates and may
and B.
need to change visa type (must consult an immigration
attorney).
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BASIC GUIDELINES FOR UNDOCUMENTED IMMIGRANT STUDENTS
While it is possible for undocumented immigrant students to attend post-secondary educational
institutions, most of the higher education system was not designed with these students in mind;
applications have dozens of questions that don’t apply to these undocumented immigrant students,
admissions officers will assume the student is a citizen, LPR, legal foreign student, and so on. There
are a couple things undocumented immigrant students should keep in mind when applying for
colleges:
• Do not lie. Students feel confused when asked to list their immigration status on the
application, but none of the choices are “undocumented,” and often choose “Permanent
Resident” or “I am in the process of becoming a Permanent Resident.” Lying about
immigration status could make the student deportable, and may count against her/him if there
is a future opportunity for legalization.
• Whenever possible, do not mention or show evidence that you are undocumented. If
the student qualifies for AB540, her/his best option is to keep saying, “I am an AB540
student,” to all questions about her/his status. This will make the process less troublesome.
• Watch out for signs showing that the admissions office is categorizing the student as an
“international student (legal foreign student).” When this happens, try to rectify it. The
student may have to say that s/he is undocumented.
How to file applications
Filing the college admissions application is
similar to any other application. If an
undocumented immigrant student is
applying to a public university, s/he
should file the domestic (U.S. Citizen)
student application. For private colleges,
it’s easier to file the international (legal
foreign) student application.
On most applications, there will be a
handful of questions about the student’s
immigration status. Some examples are
“What is your SSN?” and “What is your
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visa status?” Do not answer these questions: leave them empty.
Online applications are hard to complete because schools use an automated system that refuses
blank answers. At the UC system, an undocumented immigrant student can choose “No Selection”
as her/his country of citizenship, and then the system allows other fields to be left empty. Use your
best judgment in deciding which questions to skip. Ultimately, if the online application does not
work, file the paper application.
Talking with admission officers
If an undocumented immigrant student applies to community colleges, the schools may require the
student to appear in person at their offices to turn in the applications. When the student turns in
the application, admission officers review the application to ensure that it is complete. If the
student’s application is not complete, admission officers may ask the student a lot of questions.
If the student qualifies for AB540, s/he should state, “I am an AB540 student.” It is also advised to
complete an AB540 form in advance and provide it to the admissions offices. If the student doesn’t
qualify for AB540, or if it doesn’t work, the student should say that s/he does not hold a B-2 or F-1
visa (that’s what schools are most concerned about). An undocumented immigrant student should
save the “I’m undocumented” response until there are no other options.
Also, an undocumented immigrant student should never show admission officers her/his original
passport. Prepare a photocopy of the first page (the one with a picture) and present it if they
request an ID.
Sometimes UCs or CSUs may contact an undocumented immigrant student applicant via phone or
email and ask her/him the same questions. Respond in the same way.
After you apply
Some admissions offices will send an undocumented immigrant student applicant mail or email
asking her/him to complete the remaining information. Often they ask the student for proof that
s/he has applied to become a permanent resident, along with other documents. However, failing to
provide such proof should not affect admissions. Please contact KRC or NAKASEC for further
assistance.
22 | P a g e FINANCIAL AID
For most families in America, a college education is much more expensive than what they can
afford. For this reason, many consider affordability factors when applying to colleges. Many
immigrant families are not aware that in America’s higher education system, there exists a financial
assistance system to assists working families.
LEGAL FOREIGN STUDENTS & UNDOCUMENTED IMMIGRANT STUDENTS
Most financial aids30 available for college students are for U.S. Citizens and LPRs. However, a
number of private colleges offer similar financial aid packages out of their own budget for legal
foreign students, and while most are not need-blind31 and very competitive, a very small number are
need-blind for financial aid seeking students, as well. Note: legal foreign students can only apply for
financial aid as first year (freshman) students - not as transfer students.
MERIT-BASED SCHOLARSHIPS
While schools cannot provide undocumented students with federal financial aid because it’s
considered to be government benefits, private foundations are not bound by this restriction. A list
of scholarships prepared by the Mexican American Legal Defense and Education Fund (MALDEF)
that may be available to all immigrant students is online at http://krcla.org/en/scholarships. Most
scholarship award amounts are in the $500-$2,000 range.
Even if a foundation requests a Social Security number, this may be for identification purposes and
not necessarily a sign that the scholarship is only for U.S. citizens. If a student finds a scholarship
and if it requires a Social Security number, the student should ask the foundation if the Social
Security number of a relative can be submitted in lieu of the student’s. If yes, it means that the
social security number is needed only for identification purposes; find a relative or a friend and ask
them to help you apply for the scholarship. If not, it probably means that the scholarship is for U.S.
citizens and permanent residents only.
LOANS
Similarly, private banks may offer loans as long as there is a U.S. citizen or LPR co-signer. More
information is available at http:// krcla.org/en/ab540/loans.
PRIVATE COLLEGES
While no private college explicitly offers need-based financial aid to undocumented immigrant
students, their funds are not bound by federal restrictions. Students may be able to request and
obtain financial aid from the college’s funds.
23 | P a g e
PROPOSED FEDERAL & STATE
LEGISLATION AND POLICY
The DREAM Act, a bill that has been discussed since
2001, would grant undocumented immigrant students
seeking higher education, temporary legal status
equivalent to a permanent resident.
Undocumented immigrant students would be able to
apply for federal financial aid and have all the legal
protections all other students have when entering
college. Temporary legal status is granted twice for 3
years each, during which the student must finish 2
years of college. Upon graduating from college,
students may apply for legal permanent residency
status.
(Together, We Build America’s Future – National Mobilization of
APAs for Immigration Reform Rally, May Day, 2007)
The requirements for temporary status are that the undocumented immigrant student must have:
•
•
•
lived in the U.S. for 5 years or more by the date the DREAM Act is enacted;
been 15 years old or younger when entering the U.S.; and
“good moral conduct,” meaning you must not have a criminal record.
Optionally, a qualified undocumented person can attend the military for two years instead of
attending college. The DREAM Act has not passed yet, but it came very close to passage in
October 2007, when it failed a cloture vote by 52 yeas and 44 nays (it needed 60 yeas to continue to
the next step, which would surely have been a successful vote on the DREAM Act itself).
If the DREAM Act passes, approximately 360,000 undocumented high school graduates between
the ages of 18-24 would be immediately eligible for conditional legal status and about 715,000 youth
between the ages of 5-17 would become eligible in the future.
24 | P a g e
California DREAM Act
This bill would allow AB540 qualified students to receive financial aid. The precise programs vary
slightly every year and to get most up-to-date information, contact NAKASEC. To date, it has been
consistently introduced since 2002, and has passed both houses yet failed to secure the signature of
the Governor. Similar bills are being debated in other states as well.
Comprehensive Immigration Reform (CIR)
The term “comprehensive immigration reform” (CIR) refers to a package of policy
recommendations to overhaul the broken immigration system - legalization for all, elimination of
immigration backlogs & preservation of the family-based immigration system, protection of worker
rights, due process and civil liberties. There have been several versions of a CIR bill introduced in
Congress, each of which included the provisions within the DREAM Act.
25 | P a g e Join ORAnGE!
ORAnGE (Organize, Rise Up, Act ‘N’ Get
Empowered) is KRC's youth group that meets
regularly to study and act on social justice issues
impacting young people. A priority for ORAnGE
is ensuring full and equal access to public
education for all young people in the U.S.
Formed in 2005, ORAnGE has participated in
solidarity work with the black community in New
Orleans following Hurricane Katrina, produced a
short film for the DREAM Act, and launched the
DREAM postcard campaign (available at
http://krcla.org/dream),
through
which
thousands of cards have been sent to date.
Visit www.krcla.org or call KRC at 323-937-3718 to find out more about ORAnGE meetings, which
are open to all young people. Let’s not just dream about the DREAM Act, let’s act!
DREAM Postcard Campaign
Help send postcards to Congress to educate them about
the higher education dreams of thousands of young
people in the Korean American community!
• Go to http://krcla.org/dream to sign online.
• On the same website, download an electronic copy
(PDF) of the petition. Get your friends and people around
you to sign it, and send it to us via fax, mail or email!
26 | P a g e thebigpicture
Kinder to 12th grade
Kinder
Legal
Protection
Elementary School
Middle School
College
High School
Plyler v. Doe
Supreme Court Ruling
Grad Sch
ool
DREAM Act
not a law ye
t!
Financial
Assistance
Barriers
Jobs
AB540
passed in 2001
Anxiety
California DREAM Act
noa law ye
t!
Many undocumented immigrant students struggle with understandable feelings of hopelessness or
depression because of the tremendous barriers they must overcome to realize their educational goals.
For those able to graduate, they face the prospect of being unable to work in the field of their study or
choice. They also live in real fear of being detected by immigration authorities and subsequently detained
and deported to countries that are unfamiliar to them. These feelings may inhibit a student from
excelling or even lead them to drop out of school.
Admissions to K-12 Public Institution
In spite of the landmark Supreme Court
decision guaranteeing the right to K-12
public education in the U.S., many
school systems in the country deny
access to undocumented immigrant
students as standard practice, either
due to misinterpretation of this law
and/or anti-immigrant sentiments.
Admissions to Public Post-Secondary
Institutions
Undocumented immigrant students have been
denied admissions to colleges and universities
because schools are interpreting federal law
erroneously. For example, some California
community colleges are expanding application
of federal law, which prohibits current traveler
visa (B1 and B2) holders from entering schools, to
undocumented immigrant students who have
expired visas.
In-State Tuition
Get Help
Korean Resource Center
900 Crenshaw Blvd, Los Angeles CA 90019
www.krcla.org/en/ab540
Junghee Lee
[email protected]
323.937.3718
National Korean American Service &
Education Consortium (NAKASEC)
900 Crenshaw Blvd, Los Angeles CA 90019
www.nakasec.org
Becky Bae
[email protected]
323.937.3703
Ten states including California have adopted
laws permitting qualified undocumented
immigrant students to receive in-state tuition.
Unfortunately, a significant number forego
higher education for financial reasons because
they nor their high school counselors/teachers
and parents are not aware of in-state tuition.
Furthermore, public institutions of higher
learning have wrongly denied in-state tuition to
hundreds, potentially thousands, of qualifying
students.
Financial Aid
Undocumented immigrant students are more
likely to come from low income households who
must juggle working extra job(s) in order to
contribute to the family income and to finance
their schooling. College-bound undocumented
immigrant students have an additional hurdle
because they are ineligible to receive Federal
government aid, such as Pell grants and loans, or
state benefits such as a Cal Grant award.
Appendix. California Nonresident Tuition Exemption Request (AB540 Form)
28 | P a g e Sources
1
The educational needs of many Southeast Asian American students are often overlooked because
of this “model minority” myth that all Asian Americans excel academically. Although available data
shows that AAPIs overall are achieving academically, Southeast Asian Americans, in particular, face
significant educational disparities. For example, while over 80% of the overall U.S. population aged
25 and over hold a high school degree or higher, disaggregated data reveals that only 47% of
Cambodian, 41% of Hmong, 51% of Laotian and 62% of Vietnamese Americans hold a high school
degree or higher. See Southeast Asian American Statistical Profile (information according to the
2000 U.S. Census), pg. 15, also available at http://www.searac.org/seastatprofilemay04.pdf.
2
U.S. Census Bureau, Earnings Gap Highlighted by Census Bureau Data on Educational
Attainment, (March 15, 2007), also available at http://www.census.gov/.
3
Todd Behr et al, The Effects of State Public K-12 Education Expenditures On Income
Distribution (Apr. 2004), National Education Association Research Department.
4
Henry Brady et al, Return on Investment: Educational Choices and Demographic Change in
California’s Future (2005), Berkeley Survey Research Center.
5
Confronting the graduation rate crisis in California, Civil Rights Project, Harvard University (Mar.
24, 2005), also available at http://www.civilrightsproject.ucla.edu.
6
Vol. VII Visa Bulletin No. 36A, 1994.
7
The United States of Immigration and Custom Services is now saying that immigrants who applied
for citizenship after June 1 of 2007 can expect to wait 16 to 18 months to have their applications
processed. In addition to naturalization backlogs, the lack of work visas for non-degreed workers
contributes to the rise in another segment of the undocumented population. More immigrant
workers are falling out of status and becoming undocumented.
8
New America Media, The 'Paper Ceiling' -- Undocumented Students Hit Barriers After Graduation
(Jan. 25, 2006), also available at http://news.pacificnews.org/news/.
9
According to the ruling in Plyler v. Doe, 457 U.S. 202 (1982), undocumented immigrant students
have the right to attend public schools and participate in all school activities. Moreover, school
officials are not allowed to require children or their parents to prove that they are in this country
legally, through evidence such as green cards, citizenship papers or Social Security Numbers. Id.
10
The provision (8 C.F.R. § 214.2 (b)) sets forth guidelines regarding individuals currently with valid
B nonimmigrant status. See 8 C.F.R. § 214.2 (b). This section was amended on April 12, 2002, to
require B nonimmigrants to obtain a change of status approval before enrolling in a course of study.
Id. This code section, however, does not have any impact on individuals who are not in valid
nonimmigrant status.
11
Josh Bernstein, No federal requirement that school administrators inquire about students’
immigration status or report those who are undocumented, DHS confirms, also available at
http://www.nilc.org/immlawpolicy/DREAM/Dream009.htm.
12
Jeffrey Passel, Size and Characteristics of the Unauthorized Migrant Population, Estimates Based
on the March 2005 Current Population Survey, Pew Hispanic Center (Mar. 7, 2006), also available at
http://pewhispanic.org/files/reports/61.pdf.
13
The College & Financial Aid Guide for: AB 540 Undocumented Immigrant Students, USC Center
for Higher Education Policy Analysis (Apr. 2006), also available at
http://www.fao.ucla.edu/Forms/pdfs/07_08_ab540students.pdf.
29 | P a g e 14
Spiros Protopsaltis, Undocumented Immigrant Students and Access to Higher Education: An
Overview of Federal and State Policy, The Bell Policy Center, 2005.
15
Annual Report on AB540 Tuition Exemption 2005-06 Academic Year, UCOP Student Financial
Support (Nov. 21, 2006), also available at http://ucop.edu/sas/sfs/docs/ab540_annualrpt_2007.pdf.
16
Id.
17
According to the 2006 Department Homeland Security publication, the estimated Korean
American undocumented population as of January 2006 is 250,000. The total Korean American
population in 2005 according to the Census is 1,246,240.
18
See supra note 12.
19
Id.
20
See Cal. Educ. Code §§48002 and 48204.
21
457 U.S. at 205.
22
Congress amended the Immigration and Nationality Act of 1952 (Act), 8 U.S.C.A. §1184 and
added subsection 1184(m) to the Act. Pursuant to subsection 1184(m)(1), foreign students may no
longer obtain status as non-immigrants under section 1101(a)(15)(F)(i), (iii) of the Act for the
purpose of studying at public elementary schools or in publicly funded adult education
programs. Also subsection 1184(m)(2) provides that if a foreign student who receives an F-1 visa
to study at a private elementary or secondary school or in a privately funded language training
program ultimately abandons or terminates that course of study, and subsequently enrolls in a public
elementary school, public adult education program, or publicly funded language training program,
the student violates the provision for which the visa was granted and the visa shall be void.
23
Form I-20 is a United States Department of Homeland Security document issued by accredited
institutions that provides supporting information for the issuance of a student visa or change of
status (F, J and M non-immigrant statuses). Since the introduction of the Student and Exchange
Visitor Information System (SEVIS), the form also includes the student tracking number (SEVIS
number) for the student and program.
24
The M-1 visa is given to a foreign legal student wishing to attend a full vocational or non-academic
course, other than language trainings, at colleges, universities, or conservatories in the U.S.
25
A B-1 visa is a tourist/visitor’s visa as defined in 8 U.C.S.C.A. § 1101(a)(15)(B).
26
8 C.F.R § 214.2(b)(7) states that "an alien violates the conditions of her/his status, if the alien
enrolls in a course of study without first obtaining a F-1 and M-1 student visa."
27
In most cases, residency is determined by common law of domicile in each state. To be a resident
in a state, one needs to be capable of demonstrating an essential element of domicile: the intent to
live permanently or indefinitely in that state. However, some “nonimmigrant aliens” under
101(a)(15) of the Immigration and Nationality Act of 1952 (8 USCS 1101(a)(15)) for whom there is
condition for admission on an intent not to abandon a foreign residence may not adopt the United
States as their domicile. In 1978, the U.S. Supreme Court decided in Elkins v. Moreno, 435 U.S.
647 that certain non-immigrant visa holders such as a G visa holder may adopt state residency if they
develop a subjective intent to stay in the United States indefinitely. The Court also stated whether
such an adoption will confer domicile in a state is a question to be decided by a state. States that
confer resident status to non-immigrant visa holders for the in-state tuition purposes are: California,
Michigan, New York, Florida, Kentucky, Virginia, and Texas. For example, these states grant H1,
H4, E1, and E2 visa holders resident status. Thus, these visa holders can establish domicile and may
qualify for in-state tuition one year after date of approval of their visas. In Illinois, however, among
30 | P a g e non-immigrant visa holders, only H1 and H2 holders are considered as residents and qualify for instate tuition one year after date of approval of their visas.
28
The list of Minnesota colleges where in-state tuition is available at
http://testfn.files.wordpress.com/2007/11/dreamschoolswonin2007.pdf.
29
Residency is governed by state law. Some states including California, Michigan, New York,
Florida, Kentucky, Virginia, and Texas grant certain non-immigrants (e.g. H1, H4, E1, or E2)
residency status.
30
The Department of Education offers various forms of need-based financial aid in addition to
loans, and it provides a standard formula that calculates the family’s ability to pay tuition. The
formula takes into consideration the family’s income, wealth, savings, basic and necessary expenses
(such as the college tuition of a second child), and unnecessary expenses, and produces the amount
that the family is expected to pay when sending the child to college. This amount is the “Expected
Family Contribution,” or EFC for short. Once an eligible student’s EFC is determined, schools will
try to meet the rest of the costs through a financial aid package, which includes need-based grants,
loans, and other components. For example, if a U.S. citizen or LPR student wants to attend UCLA,
where the resident costs are $16,000, but her/his EFC is $3,000, then UCLA will grant the student a
financial aid package for $13,000. Also, most schools make an admissions decision regardless of the
financial aid the applicant needs. In other words, no matter how poor a student’s family may be, the
student need not worry about whether s/he “has the grades to get the financial aid,” but only qualify
for admissions. This policy is called “need-blind admissions.” Therefore, depending on the
student’s family’s financial situation, attending a UC university can actually end up being cheaper
than paying the full price at a community college.
31
Supra note 29.
31 | P a g e This guide is produced by the National Korean American Service & Education Consortium (NAKASEC)
in collaboration with the Korean Resource Center (KRC).
The NAKASEC was founded as a consortium in 1994 by local community centers that realized that only by
coming together can we build and contribute to a national movement for civil rights. They are the KRC in Los
Angeles, the Korean American Resource & Cultural Center (KRCC) in Chicago and YKASEC Empowering the Korean American Community in New York.
Our founding was the culmination of the base building work our affiliates had been doing for years in their
respective cities. Our mission is to project a national progressive voice on major civil rights and immigrant rights
issues and promote the full participation of Korean Americans in American society.
NAKASEC AFFILIATES
Korean Resource Center
민족학교
900 S. Crenshaw Blvd.
Los Angeles, CA 90019
T: 323-937-3718 www.krcla.org
Korean American Resource & Cultural Center
한인교육문화마당집
2701A W. Peterson Avenue
Chicago, IL 60659
T: 773-588-9158 www.chicagokrcc.org
YKASEC-Empowering The Korean American Community
청년학교
136-19 41st Avenue, 3rd Floor
Flushing, NY 11355
T: 718-460-5600 www.ykasec.org
© 2008. National Korean American Service & Education Consortium (NAKASEC) & Korean Resource Center
(KRC). May be copied for personal, noncommercial use. All other rights reserved.
DISCLAIMER: this material is composed of information of a general nature that does not constitute a
professional nor legal opinion. KRC or NAKASEC will not assume any responsibility for the information
contained in this material.