Deborah Málaga, School Counselor Harding High School, SPPS deborah.malaga@spps.org 651-793-4716
Presentation Outline Norms for discussion Terminology & general information Relevant court cases & legislation Dream Act MN Colleges (good news!) Access to K-12, higher education & the world of work • Financial Aid/Scholarships • Video Common mental health issues Practical Examples What can I do? School Policies Questions
Terminology For the purpose of this presentation, to be “documented” means to qualify for federal and state financial aid. Basically, to have a MN state ID (or qualify to apply) and a valid social security number. United States citizens, legal permanent residents or eligible non- citizens are considered “documented.” What is the politically correct term? Illegal alien or illegal immigrant vs. undocumented immigrant or undocumented student vs. non-citizen (resident of MN)
The Basics: General Information It is estimated that approximately 65,000 undocumented students graduate from high schools across the nation every year. (CollegeBoard, 2008) In 2005 the Pew Hispanic Center estimated the number of undocumented immigrants in the U.S. to be 11 million. The same study estimated 55,000-85,000 undocumented people to be living in MN. (The Advocates for Human Rights, fact sheet) About 80,000 undocumented people turn 18 each year, but 16-20% of them do not complete high school -16,000 students! (Protopsaltis, Spiros. “Undocumented Immigrant Students and Access to Higher Ed”)
The Basics (cont. 1) Only 1 out of every 20 (5%) undocumented high school seniors attends college (Ibid.) Even those who do graduate from college cannot work legally in the U.S. under current immigration law. (The Advocates for Human Rights, fact sheet) Many assume that undocumented students cannot legally attend college in the United States. This is not true. There is NO federal or state law that prohibits the admission of non-citizens to U.S. colleges and universities, public or private, nor does federal or state law require students to prove citizenship in order to enroll. However, institutional policies vary. (VA, NC examples)
The Basics (cont. 2) The DREAM ACT (Development, Relief and Education for Alien Minors) Ten states have passed laws that permit undocumented students to pay in-state tuition rates under certain circumstances -Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Oklahoma and Kansas- (MN Freedom Immigrant Network) 40% of all undocumented students live in CA. (Pew Hispanic Center) Undocumented students are trapped in a legal paradox. K-12 vs. higher education (CollegeBoard)
Vocabulary US citizen: A person born in the U.S., a U.S. territory or a person who naturalized. Also, a person born abroad from at least one U.S. citizen parent. May not be deported and may petition to immigrate family members, may vote. Legal permanent resident (LPR) or green card holder: May live permanently in the U.S. LPRs may work, drive, apply for the FAFSA, and serve in the military, but cannot vote. A LPR may be deported for certain criminal convictions and may become a U.S. citizen through naturalization. Immigrant: A non-citizen who intends to live in the U.S. Non-immigrant: A non-citizen who is granted a temporary visa for a specific limited period of time, and (student, tourist, diplomat) Migrant: Any person who lives temporarily or permanently in a country where he or she was not born. Undocumented: A non-citizen who entered the U.S. without legal immigration status (a visa) or who stayed after the period they were authorized to be here. Undocumented persons do not have employment authorization and may be deported if discovered by CIS. Not eligible for federal and state financial aid, but often eligible for private scholarships.
Vocabulary (cont.) Visa: A document or stamp placed in a person’s passport issued by a U.S. consulate to a non-citizen allowing that person to enter the U.S. Visas are either non- Immigrant or immigrant. Refugee: Under U.S. law, a refugee is a person who has fled his or her country of origin because of past persecution or a well-founded fear of persecution based upon race, religion, nationality, political opinion, or a membership in a particular social group. Political Asylum or Asylee: Individuals who meet the definition of refugee and who are already in the U.S or who are seeking entry may qualify regardless of country of origin and current immigration status –no quotas. U.S. Citizenship and Immigration Services (USCIS): The government agency that oversees lawful immigration to the United States of America. USCIS "adjudicate" (decide upon) the petitions and applications of potential immigrants. U.S. Immigration and Customs Enforcement (ICE): United States Immigration and Customs Enforcement is a component of the Department of Homeland Security Our mission is to protect national security by enforcing our nation's customs and immigration laws.
All fueled by societal doubts about educating undocumented students, often co-existing with economic down turns. Plyer vs. Doe (1982, Supreme Court) In 1975 Texas legislature passed a law that withheld state funding for undocumented students. Tyler School District began to charge undocumented students $1,000 per year. Class action suit filed against school district on behalf of 16 undocumented children. Guarantees K-12 education for all. Section 505 of the Illegal Immigration Reform and Responsibility Act of 1996 prohibits states from giving in-state tuition to undocumented residents if they do not offer the same benefit to out-of-state citizens. (Advocates for Human Rights2006) Proposition 187 in California (early 1990s) Designed to deny illegal immigrants social services, health care and public education, passed by a slim margin, but was later overturned by a federal court DREAM ACT (Development, Relief and Education for Alien Minors) Bi-partisan legislation and a part of the current comprehensive immigration reform. Has not passed at the federal level yet and has not passed in MN. Currently enacted in different forms in ten states.
Latinos in MN Latinos in Minnesota come from many countries other than Mexico . They include Guatemala, El Salvador, Colombia, Venezuela, Ecuador, Perú, Bolivia, Chile, Argentina, Uruguay, Honduras, Nicaragua, Costa Rica, Panamá, Puerto Rico, Cuba, and the Dominican Republic. Of the more than 36 million person of Hispanic/Latino heritage that live in the United States just over 215,000 people make the state of Minnesota their home. In the North Central sector of the Midwest region, only Kansas has a larger Latino population than Minnesota. Today, Latinos comprise the largest ethnic minority group in Minnesota, positioning it among the top ten states nationally in terms of Hispanic population growth and sixth in the nation for fastest growing buying power. Source: MN Hispanic Chamber of Commerce
The DREAM ACT (see folder)
Flat Tuition Rates: MN Colleges Some public colleges and universities in Minnesota offer in-state tuition to ALL of their students, regardless of citizenship or state of residence. There is no universal policy in Minnesota dictating how tuition will be charged to undocumented students. The following public institutions charge the resident tuition rate to ALL students:
Flat Rate Tuition: MN Colleges Bemidji State Four Year University Colleges: Minnesota State University Moorhead University of Minnesota, Crookston University of Minnesota, Morris Southwest Minnesota State University: Marshall
Flat Rate Tuition: MN Colleges Metro Area Two Year Colleges: Greater MN 2 Year Colleges Anoka-Ramsey Community College: Alexandria Technical College: Alexandria Cambridge and Coon Rapids Central Lakes College: Brainerd and Staples Anoka Technical College: Anoka Minnesota State Community and Technical College: Fergus Falls, Moorhead, Wadena Century College: White Bear Lake and Detroit Lakes Hennepin Technical College: Brooklyn Park Minnesota West College: Jackson, Granite and Eden Prairie Falls, Worthington, Pipestone, Canby Inver Hills Community College Northland College: Thief River Falls and Minneapolis Community & Technical East Grand Forks College * Northwest Technical College: Bemidji Normandale Community College Ridgewater College: Willmar and North Hennepin Community College: Hutchinson Brooklyn Park Riverland College: Austin and Albert Lea Saint Paul College * Rochester Community and Technical College: Rochester *Graduates of Minneapolis and St. Paul high schools St. Cloud Technical College: St. Cloud may also be eligible for free tuition through the South Central College: Mankato and Power of You program. Faribault (Get Ready Website)
World of Work Obstacles Undocumented students who graduate from college do not receive legal permission to work in the United States upon graduation. This *greatly* impacts what counselors may perceive as motivation. In most cases, the student is indeed motivated, but understands that even with a college degree options that are readily available to others will be out of their reach. In certain cases, college educated students may qualify for work visas (highly skilled) or possibly work for a US company abroad. Some students decide to pursue graduate studies while they wait for comprehensive immigration reform and/or the Dream Act to pass.
Financial Aid and Scholarships
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