Higher Education and Undocumented Students

Introduction

Any developed country would attract migrants, both legal and illegal, looking for better opportunities in terms of jobs, livelihood, education, and overall wellbeing. Such is the predicament the US currently finds itself in, a situation compounded by the speed with which President Donald Trump has moved to reform immigration including crackdown of illegal immigration. As a result, undocumented students at institutions of higher learning face unprecedented futures in relation to their studies (deHann, 2017), a concern founded on understanding that there is no federal jurisdiction in their favor. Maria and Gerardo (2010) define undocumented students as “illegal alien school-aged immigrants who entered the United States without inspection or overstayed their visas illegally” (p. 2). However, it is important to understand that the challenges facing undocumented students in the US did not begin with the current administration. The status of and debate around undocumented students has been a constant phenomenon in the US public domain. It peaked in June of 2016 following a revelation by two valedictorians from Texas High School that they were enrolling in prestigious state colleges with tuition fully paid for, and that they were undocumented students (Blanco, 2016). A similar case is cited in Banks (2013) involving the revelation of undocumented status and subsequent matriculation from the college. The revelations fueled a debate on the predicament of undocumented students, highlighting the varied opinions from the public and different stakeholders. This paper examines the state of undocumented students and their current and future impacts on the state of higher education.

Significance of the Topic

One can argue that handling of undocumented students in the US is a classic example of victimization. A report presented by the UCLA Center for Labor Research and Education (2007) noted that undocumented students and youth do not partake in the decision making to come to the US because they are brought to the country by parents and relatives and many have lived in the US more than in their country of origin. According to the US Bureau of Census reports, there were 2.5 million undocumented youths under the age of 18 years living the country by 2000. The report further posits that on average, 65,000 undocumented students graduate from US high school annually; with the state of California harboring the highest number, 26,000, representing 40% of undocumented students in the US (Pew Hispanic Center). According to UCLA Center for Labor Research and Education (2007), most undocumented students are “honor students, athletes, student leaders, and aspiring professionals.” However, their immigration status prevents them from accessing higher education and those that do find challenges in getting legal employment. With the number of all undocumented immigrants in the US estimated at 11.2 million. One can argue that denying undocumented students benefits needed to accomplish higher education would be injustice to a significant percentage of the country’s population.

In response to growing concerns about the predicament of undocumented students in the US, efforts have been advanced to elucidate and address some of the challenges and barriers to higher education by this group of students, in what Banks (2013) refers to as challenging the status quo. The number one obstacle to undocumented students fulfilling their dreams of attending college education in the US is financial. According to Educators for Fair Consideration (2012) fact sheet, undocumented students are ineligible for federal and most state-based financial aid in the form of grants, loans, and work programs, under the current government policies. With the cost of college education in public institutions estimated to be between $15,000 and $40,000 annually, it proves prohibitive for undocumented students and their families because they cannot afford it without financial aid. In the same vein, annual cost for private college and university education ranges from $80,000 - $200,000, and the classification of undocumented students as international students by these institutions, and the consideration of their ability to fund their college education for four years, rules thousands of them out of admission to private colleges.

The situation for undocumented students is exacerbated by differential treatment at state level. According to Banks (2013) eligibility of undocumented students to in-state tuition and financial aid is restricted by most states. As of July 2013 16 states passed laws making undocumented students who satisfied certain criteria such as being a resident of the state, completing high school within the state, and graduating or receiving GED in the state, eligible for in-state tuition and financial aid. However, other states such as Alabama, Georgia, and South Carolina, have not only prohibited undocumented students from receiving financial aid, but also banned them from enrolling in public and private colleges. The US cannot wake up one to find it has rid itself of undocumented students. This group will remain a significant part of its population for the foreseeable future and recent developments in legislation and policy point towards acceptance of undocumented students into the US education system at all levels.

Current and Future Implications to Education Sector

The US higher education system is due monumental changes in its policies that appertain to undocumented students. According to Nguyen and Serna (2014), Plyler v. Doe case in 1982 represented a landmark ruling by the US High Court, and a reflection of goodwill towards undocumented students. It its ruling, the court determined that “a K-12 education is a fundamental and protected right and will be provided to all children in the United States, regardless of citizenship or residency status.” However, questions have been raised of the applicability of this constitutional right to undocumented students. For instance, a number of critics of the governments approach have questioned why the government invests on education at these levels and deny the same to undocumented students and higher education level. Nguyen and Serna (2014) attributed such failure to lack of congressional effort in addressing comprehensive immigration reform, which was last done three decades ago. All evidence points towards institutionalization of support for undocumented students to be dependent on federal law and higher education policies reform.

According to Gildersleeve and Vigil (2015), support for undocumented students is dependent on critical examination of policy implementation and policy mitigation to identify areas that disenfranchise this vulnerable group of students. For instance, the Family and Educational Privacy Act (FERPA) that protects the privacy of students’ educational records of at all levels must be fully implemented to reduce cases of victimization. The assumption is that like the case of valedictorian graduates highlighted in Blanco (2016), undocumented students will be able to access fully funded education programs at colleges and universities of their choice without being discriminated for being immigrants because their identity is protected by the institution. One can argue that this federal law, if implemented appropriately, can be crucial in alienating education from politics. Gildersleeve and Vigil (2015) also argued that administrative infrastructure is also a necessary part of reform to support undocumented students’ success in colleges and universities. It is imperative to understand that there is no federal law that prohibits colleges and universities from admitting undocumented students, and if these institutions have the motivation and capability, they can play a significant role in advancing educational dreams of this group.

Efforts by institutions of higher learning in support of undocumented students have already materialized following President Trump’s declaration to crackdown on immigrants. According to deHann (2017) institutions of higher learning responded through establishment of “Sanctuary campuses”, whose objective is to protect undocumented students. However, the situation has recently taken a negative turn plunging undocumented students deeper into uncertainty. Stepansky (2017) observed that US lawmakers have made a move to strip funding from institutions protecting undocumented students from detention and deportation. The move has triggered outcry among those advocating for fair treatment of undocumented students, but what is the way forward? The American Immigration Council (2010) posited that The Dream Act, which is sponsored by over 150 members of the Senate and House may offer the way forward. Even though if passed, it will not make undocumented students eligible for federal students’ grants, the Dream Act will lift a number of restrictive policies, providing students with unlimited opportunities to support and finance their education through college and university. The act is a manifestation of the political will that may well go a long way in transforming policies in the higher education sector, eliminating obstacles and creating possibilities in the process. For instance, college and university admission and tuition policies are likely to be influenced by the act, marking a shift from the current unfordable state of higher education for undocumented students. However, the road ahead for undocumented students remains a treacherous one and all stakeholders must join hands if the country is to realize full benefits from the potential presented by future professionals among undocumented students.

Conclusion

There is no federal law in the US that discriminates undocumented students, but by the virtue of being immigrants, states and institutions have institutionalized policies that have quashed prospects for higher education for these students. The current situation for undocumented students is rather bleak, which has prompted response from a number of colleges and universities, seeking to offer protection from the crackdown on immigrants by President Trump’s administration, through sanctuary campuses. However, this is not a long term solution to the problem that has been a mainstay in the American society. Drastic measures are needed to develop and implement policies that will eliminate obstacles and enhance possibilities for undocumented students to realize their higher education dreams. Such changes are needed at all levels and should aim to transform higher education sector. The Dream Act represents acritical steps in addressing the plight of these students.

References

American Immigration Council. (2010, Jul). The Dream Act. Fact Sheet. Retrieved 21/04/2017 from: https://www.americanimmigrationcouncil.org/research/dream-act.

Banks, A. M. (2013). Members Only: Undocumented Students & In-State Tuition.  BYU L. Rev. , 1425-1454.

Blanco, O. (2016, Jun). Undocumented students and the controversial path to affording college. CNN Money. Retrieved 21/04/2017 from: http://money.cnn.com/2016/06/17/news/economy/undocumented-students-college/.

Center, UCLA Labor. (2007). Undocumented Students, Unfulfilled Dreams...  Report. Retrieved 21/04/2017 from: http://labor. ucla. edu/publications/reports/Undocumented-Students. pdf.

deHann, P. (2017, Jan). How universities have vowed to help protect undocumented students. US Today College. Retrieved 21/04/2017 from: http://college.usatoday.com/2017/01/26/how-universities-have-vowed-to-help-protect-undocumented-students/.

Gildersleeve, R. E., & Vigil, D. (2015). Institutionalizing Support for Undocumented Latino/a Students in American Higher Education.  New Directions for Higher Education ,  2015 (172), 39-48.

Maria, P. L., & Gerardo R. L. (2010).  Persistent Inequality: Temporary Realities in the Education of Undocumented Latina/o Students . New York: Routledge. p. 2.

Nguyen, D. H., & Serna, G. R. (2014). Access or Barrier? Tuition and Fee Legislation for Undocumented Students across the States.  The Clearing House: A Journal of Educational Strategies, Issues and Ideas ,  87 (3), 124-129.

Pew Hispanic Center. Retrieved 21/04/2017 from: http://www.pewhispanic.org.

Stepansky, J. (2017, Feb). US lawmakers target undocumented student 'sanctuaries.' Aljazeera. Retrieved 21/04/2017 from: http://www.aljazeera.com/indepth/features/2017/02/lawmakers-target-undocumented-student-sanctuaries-170220111305527.html.