Washington State and Federal Actions
Leadership Without Borders Center
Undocumented Students
Undocumented students are immigrants who entered the United States without inspection or
overstayed their visas & are present in the United States with or without their parents. They face unique
legal uncertainties and limitations within the U.S. educational system.
Federal Actions
FERPA
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of
student education records. The law applies to all schools that receive funds under an applicable program
of the U.S Department of Education. For more information visit
https://www.www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Plyer vs. Doe
In 1975, the Texas Legislature authorized local school districts to deny enrollment in public schools to
foreign-born children who were not “legally admitted” to the United States. Shortly thereafter, a group
of students who could not establish that they were “legally admitted” brought a class action lawsuit
challenging the policy. The district court, after making extensive findings of fact, held that the policy
violate the Constitution and was also “preempted” by federal immigration law. For more information
visit https://www.immigrationpolicy.org/just-facts/public-education-immigrant-students-stateschallenge-supreme-court%E2%80%99s-decision-plyler-v-do
Dream Act
The DREAM Act (Development, Relief, and Education, for Alien Minors) is an American legislative
proposal for a multi-phase process for undocumented immigrants in the United States that would first
grant conditional residency, and upon meeting further qualifications, permanent residency. The bill was
first introduced in the Senate on August 1, 2001, and has since been reintroduced several times but has
failed to pass. For more information visit https://www.en.wikipedia.org/wiki/DREAM_Act and
https://www.immigrationpolicy.org/issues/DREAM-Act
DACA
Deferred Action for Childhood Arrivals (DACA) is an American immigration policy that allows certain
undocumented immigrants who entered the country before their 16th birthday and before June 2007 to
receive a renewable two-year work permit and exemption from deportation. For more information visit
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca and
http://www.immigrationequality.org/get-legal-help/our-legal-resources/path-to-status-in-the-u-s/dacadeferred-action-for-childhood-arrivals/
DACA + DAPA
Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), sometimes
called Deferred Action for Parental Accountability, is a planned American immigration
policy which would grant deferred action status to certain undocumented immigrants who have
Leadership Without Borders Center
undocu@uw.edu | (206) 221-5975
lived in the United States since 2010 and have children who are American citizens or lawful
permanent residents. Deferred action is not full legal status, but in this case would come with a
three-year, renewable work permit and exemption from deportation.
For more information visit
https://en.wikipedia.org/wiki/Deferred_Action_for_Parents_of_Americans and
https://www.uscis.gov/sites/default/files/USCIS/ExecutiveActions/EAFlier_DAPA.pdf
State Actions
House Bill 1079
In 2003, the Washington State Legislature approved HB (House Bill) 1079, a historic action that makes a
college education much more affordable for certain undocumented students. Because HB 1079 was
approved as state law, 1079 students are considered “residents” for purposes of higher education. This
means 1079 students are permitted to pay “in-state” tuition, or “resident” tuition rates, to attend
Washington public colleges and universities.
For more information visit http://hb1079.org/
Senate bill 6523 - WASFA
The Washington Application for State Financial Aid (WASFA) is provided as the sole means through
which undocumented Washington State residents may apply for Washington State aid programs
(Washington State Need Grant, Washington State Work Study Program, and Washington State College
Bound Scholarships) to attend a college or university in the state of Washington.
For more information visit http://www.readysetgrad.org/wasfa
Beyond HB 1079
The Beyond HB 10 1079 Conference is a student-run endeavor made possible through collaborations of
both college and high school students, higher-education institution support, and dedicated community
members who work together towards the common goal of advancing and providing educational
opportunities for all students regardless of citizenship. Through a series of workshops, panels, and
interactive discussions we hope to provide HB 1079 awareness, provide HB 1079 resources, and foster
student empowerment.
For more information visit https://www.facebook.com/BeyondHb1079/info/
Other Resources:
Leadership Without Borders - http://depts.washington.edu/ecc/lwb/
Leadership Without Borders Center
undocu@uw.edu | (206) 221-5975