Policy Impacts and Advocacy Options to Support Undocumented Students on Campus

Current Status - Challenge

On Wednesday, October 5th, 2022, a federal appeals court stated that Deferred Action for Childhood Arrivals (DACA) violates U.S. immigration law and affirmed that the Obama administration did not have the legal authority to create this policy. While U.S. District Judge Andre Hanen has ended the program, he also ruled that DACA could remain for the 600,000 currently enrolled recipients. The new ruling has consequences for higher education, despite DACA not guaranteeing postsecondary education benefits. DACA in and of itself is an “exercise  of prosecutorial discretion” (American Immigration Council, 2021) which provides temporary relief from deportation and work authorization.

Background

In June 2012, President Obama revealed an executive action—Deferred Action for Childhood Arrivals (DACA)— which granted some undocumented immigrants a reprieve from deportation, the necessary status to work, and lawful presence which does not provide full legal status but does allow for the federal government to  “tolerate [DACA recipient] for reasons of resource allocation, administrability, humanitarian concern, agency convenience, and other factors^[1]” . .  Eligibility^[2] for DACA recipients include:

1. Came to the United States under the age of 16;
2. Continuously resided in the United States for at least 5 years preceding June 15, 2012, and were present in the United States on that date;
3. Are in school, have graduated from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, or otherwise do not pose a threat to national security or public safety; and
5. Were not above the age of 30 on June 15, 2012

DACA and Higher Education

Although DACA does not guarantee postsecondary education benefits such as federal financial aid to undocumented students, 34 states provide some access to postsecondary education benefits to undocumented students, including DACA recipients. Seven states of these states currently offer access to in-state tuition in at least some public institutions to DACA students only^[3]. Those states are Idaho, Maine, Massachusetts, Ohio, Indiana, Arkansas, and Mississippi. Ending DACA would mean that there would be seven fewer states that would offer some form of financial aid to any undocumented students.

Moving Forward

Researchers and media outlets are predicting that with each Supreme Court decision, DACA is getting closer and closer to being terminated. Close to a million people will be left with less access to higher education. Reports suggest that the Biden administration will appeal the latest court decision sending DACA back to the lower courts for a third time. As such, there is urgency in conceptualizing and taking action. Several organizations are pushing the Biden administration to executive action or a more permanent solution to protect DACA and its recipients. Various organizations such as NASPA have argued for increased access written in DACA legislation. For example, in 2021 NASPA members wrote a response to a 2021 August rule that included recommendations such as removing date-based eligibility requirements and age cap.

It is important for organizations such as NASPA to continue ongoing efforts to support undocumented and DACAstudents. Part of that advocacy work can include but is not limited to the following:

1.  Advocate for more humane legislation and a pathway to citizenship as it pertains to undocumented students broadly and DACA recipients specifically. Doing so will provide access to higher education for a group of students who desire and deserve to be educated in US postsecondary institutions.
2. At the micro, more personal level, higher education and student affairs professionals should be aware of changes for DACA recipients, particularly in states such as Idaho, Maine, Massachusetts, Ohio, Indiana, Arkansas, and Mississippi where postsecondary benefits for DACA recipients may terminate.      
3. Higher Education and Student Affairs (HESA) professionals should begin creating spaces for DACA and undocumented students to update students, process DACA related news, and support them with activist work. HESA professionals may also consider partnering with professionals who run centers or programs that are dedicated to supporting undocumented and DACA students. 
4. HESA professionals should learn about policies specific to their state. Hire consultants or trainers who can address these issues and how they would affect the higher education community.
5. HESA professionals should partner with nonprofit organizations and advocacy groups who work with undocumented people to signal to students and other stakeholders that not only do they care about this issue but they are also willing to reduce political harm toward DACA students.

 

^[1] B. Summary of Proposed Rule https://www.federalregister.gov/documents/2022/08/30/2022-18401/deferred-action-for-childhood-arrivals#footnote-7-p53154

^[2] Department of Homeland Security website: https://www.federalregister.gov/documents/2022/08/30/2022-18401/deferred-action-for-childhood-arrivals 

^[3] https://www.higheredimmigrationportal.org/states/