{"id":354929,"date":"2016-04-04T11:01:49","date_gmt":"2016-04-04T16:01:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/higher-education\/undocumented-college-students-the-dream-act-and-other-legal-issu.html"},"modified":"2024-03-12T15:13:41","modified_gmt":"2024-03-12T20:13:41","slug":"undocumented-college-students-the-dream-act-and-other-legal-issu","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/higher-education\/undocumented-college-students-the-dream-act-and-other-legal-issu.html","title":{"rendered":"Undocumented College Students: DACA and The Dream Act"},"content":{"rendered":"\n
\n \n
\n

Undocumented College Students: DACA and The Dream Act<\/h1>\n
\n
\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As a student without proper documentation, you might feel unsure about your options for higher education. The good news is you have opportunities in America. The Deferred Action for Childhood Arrivals (DACA) program can help. You are part of the DACA program if you’re a DACA recipient.<\/p>\r\n

DACA students, or Dreamers, are young people who came to the United States without legal permission when they were children. These students face many challenges, especially in education and the law. Under this program, you get protection from deportation<\/a> and can get a work permit.<\/p>\r\n

Remember that this program doesn’t make you a permanent resident or U.S. citizen. If you’re in high school or have graduated, the DACA program could greatly help.<\/p>\r\n

This article offers insights about undocumented students and the programs available to them.<\/p>\r\n

A Brief Overview of the DACA Program<\/h2>\r\n

The U.S. Department of Homeland Security<\/a> implemented the DACA program in 2012. The DACA program began<\/a> during President Barack Obama’s administration. It gives essential protections to undocumented immigrants who came to the United States as children. If you’re a DACA recipient, you won’t get deported for a certain period and can get a work permit in America. This helps if you want to work while studying.<\/p>\r\n

DACA does not make you a permanent resident or U.S. citizen. To apply, you must meet certain eligibility requirements<\/a>. For instance, you must be enrolled in or graduated from high school. Also, the rules for DACA can change. For this reason, it’s essential to stay updated. DACA is a big help, but it is just part of your journey as a student living here without proper documents.<\/p>\r\n

Historical Shifts Affecting Undocumented Students<\/h2>\r\n

Undocumented students<\/a> in the United States have experienced significant historical changes. These changes have shaped their access to education and legal protections. One of the most impactful changes was introducing the DACA program in 2012. This program marked a significant shift, offering temporary protection from deportation and work authorization to eligible youth.<\/p>\r\n

Before DACA, students living here illegally had very limited options. They lived with constant fear of deportation. The program’s introduction brought hope and opened doors out of reach for higher education and employment. But DACA has faced many legal challenges. There were even attempts to end the program during the President Donald Trump administration. This created uncertainty and stress for recipients across the nation.<\/p>\r\n

Another historical change has been the varying state-level policies<\/a> on in-state tuition and financial aid for undocumented students<\/a>. Some states are more inclusive. Others have imposed stricter regulations, limiting access to these resources. These shifts highlight the evolving landscape of immigration policy in America. They also illustrate its direct impact on the lives of students without proper documentation.<\/p>\r\n

Legal Challenges and Advocacy Efforts<\/h2>\r\n

The legal landscape for undocumented college students is complex. Changes in immigration law and policies, like those during the Trump administration, create uncertainty. The DACA program has faced significant legal challenges over the years. For instance, the administration halted new applications for DACA. There was also a 2023 ruling<\/a> by the U.S. District Court for the Southern District of Texas. This court found the DACA Final Rule unlawful, impacting the program’s ability to accept new applications. These legal challenges highlight the ongoing struggle for DACA recipients.<\/p>\r\n

The U.S. Citizenship and Immigration Services<\/a> (USCIS) and the Department of Education<\/a> are key in setting policies that affect these students. The USCIS plays a pivotal role in administering the DACA program. The USCIS policies and decisions on immigration status directly impact the lives of DACA students. Meanwhile, the Department of Education influences how undocumented students access educational resources. The Department of Education sets guidelines on federal student aid and plays a role in determining eligibility for educational programs.<\/p>\r\n

Advocacy for undocumented students is vital. Nonprofit organizations and advocacy groups work to support them, fighting for more inclusive laws. The U.S. Supreme Court’s decisions can also impact these students’ lives, such as rulings on DACA and immigration law. Advocacy efforts focus on protecting existing rights and pushing for new legislation to help young immigrants.<\/p>\r\n

The DREAM Act<\/h2>\r\n

The DREAM Act<\/a> is a significant legislative proposal discussed in Congress for years. It stands for Development, Relief, and Education for Alien Minors (DREAM). The DREAM Act aims to provide a path to legal status for undocumented immigrants who came to the United States as children. This proposal would offer these young people, often called "Dreamers," a chance to earn permanent residency. This would eventually allow Dreamers U.S. citizenship, provided they meet specific criteria.<\/p>\r\n

To be eligible under the DREAM Act, people generally need to have entered the U.S. as minors. They must have completed high school, gotten a GED, and showed good moral character. The act, among other things, would also require them to complete college, serve in the military for a specified period, or work for a certain time.<\/p>\r\n

The goal of the DREAM Act is to address the uncertain future faced by thousands of young immigrants who grew up in the U.S. but lacked legal status. Despite its support, the DREAM Act has faced challenges in its passage. It still hasn’t passed through Congress. This shows the broad complexities in U.S. immigration policy.<\/p>\r\n

College Education and Financial Aid for Undocumented Students<\/h2>\r\n

Many states let undocumented students pay the same tuition as other students who live in the state. This is in-state tuition and is sometimes called comprehensive access<\/a>. In-state tuition is a lot less expensive than out-of-state tuition. In federal financial aid, things can be tricky. As an undocumented student, you usually can’t get federal student aid under programs like FAFSA<\/a>. FAFSA is the Free Application for Federal Student Aid<\/a>.<\/p>\r\n

But don’t lose hope! Some states offer their own aid. For example, California’s Dream Act<\/a> allows students without documentation to get state aid. There are private scholarships, too, available regardless of your immigration status. Check what your state offers.<\/p>\r\n

Can Undocumented Students Apply for College?<\/h2>\r\n

Yes, undocumented students can apply for college. Colleges in the United States look at students’ grades and activities, not just where they were born. But, the rules can vary by state and college. Some states offer in-state tuition rates to DACA students, making college more affordable.<\/p>\r\n

Do I Have To Put My Immigrant Status in My College Application?<\/h2>\r\n

No, you don’t have to disclose<\/a> your immigrant status in your college applications. But sharing your DACA status could help you. Many colleges offer support and scholarships specifically for DACA students. You might gain valuable resources and financial aid options tailored to your needs by disclosing your status.<\/p>\r\n

Scholarships for Undocumented Immigrants<\/h2>\r\n

Students living here without proper documents have scholarship opportunities available to them. Various organizations, foundations, and educational institutions offer scholarships specifically for them. These organizations recognize the barriers these students face due to their immigration status. The scholarships provide critical financial support, enabling these students to pursue their academic goals.<\/p>\r\n

These scholarships often don’t need a Social Security number or U.S. citizenship. This makes them accessible to students regardless of their legal status. Some well-known examples include TheDream.US<\/a> National Scholarship and scholarships offered by United We Dream. Also, many colleges and universities have their own scholarship programs.<\/p>\r\n

Getting Legal Help as a DACA Student<\/h2>\r\n

DACA students often need legal help to navigate the complex rules around their status and rights. These students must know where to find the right support. Many organizations and lawyers have experience in immigration law. They can offer guidance specific to DACA students. These experts can help renew DACA status, apply for college, and find financial aid that doesn’t need U.S. citizenship.<\/p>\r\n

Consult with an immigration attorney<\/a> in your area today.<\/p>\r\n

\n \n Was this helpful?<\/span>\n \n Yes<\/span>\n \n \n \n <\/path>\n <\/g>\n \n \n <\/rect>\n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n \n No<\/span>\n \n \n \n \n <\/g>\n \n \n \n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n <\/div>\n <\/span>\n