UndocuAlly Program for Educators:
Developing Effective Partnerships between Faculty,
Staff, and Undocumented Students
AB540 & Undocumented Student Center
University of California, Davis
May 27th,2015
Facilitators
Andrea Gaytan, Director,
AB540 and Undocumented
Student Center
Marcus Tang, Attorney/Legal
Fellow, UC Davis
Immigration Law Clinic
Vanessa Segundo, Education
and Training Coordinator,
AB540 and Undocumented
Student Center
Overview
• History of the UndocuAlly Program for Educators
• Terminology and Data
• Laws and Policies
• Experiences and Challenges
• Best Practices
History and Vision
• The UndocuAlly Program for Educators (UPE), open to
UC Davis faculty, staff, and graduate/professional
students.
• UndocuAlly is a term used to identify campus allies for
undocumented students.
• Goal: Assist educators in developing and enhancing their
working knowledge regarding servicing undocumented
student populations at UC Davis.
History: Our Process
• During fall 2014 quarter, two focus groups were held in
which 35 faculty, staff, and graduate students
participated
• Feedback was provided in two ways: individual
responses, group dialogue, and written group
responses.
History: Educator Perspectives
• The majority of definitions provided by participants that
defined an undocumented student revolved within legal
and political contexts
• All responses provided by participants indicated
negative associations between experiences and
challenges undocumented students face regarding,
living a “life of secrecy.”
Source: AB540 & Undocumented Student Center
http://undocumented.ucdavis.edu/education/FocusGroupReport2014.pdf
History: Educator Perspectives
• The responses that activated lively dialogue was
provided by participants was regarding privilege, race,
and positionality.
• “‘Where are you from?’ Having to face that several times a
day, means you don’t fit here. You don’t fit into the cookie
cutter Davis. The intent may not be malice, but the impact is
making a student feel unwelcome.”
History: Educator Perspectives
• Participants agreed that they felt a sense of helplessness
for not being well versed in legal terminology and
policies. They stated that the majority of the time, the
student knows more than they do in relation to
navigating campus resources.
• “The student will be the expert, having gone through all the
campus departments, but the stress of having to teach me
causes more stress.”
History: Learning Objectives
Focus Areas
Goals
• Laws and policies affecting
• Articulate experiences and challenges
undocumented students
of undocumented students
• Statistics regarding the undocumented • Become familiar with federal and state
student population at UC Davis
legislation that affects undocumented
• Mental health concerns experienced by
students
undocumented students
• Identify and make a commitment to
• Undocumented student narratives
use immigrant sensitive language
• Personalize best practices and
interventions
UndocuAlly Progam for Educators
Defining “Undocumented”
• An undocumented individual is a non-citizen
living in the U.S. without authorization, in the
form of valid immigration status, from the
federal government.
• (1) entered without inspection, or
• (2) entered with a valid visa or other status, and overstayed the
authorized duration of that status
Defining “Undocumented”
Generally, undocumented individuals:
• Face imminent threat of detention and/or deportation
• Do not have permission to work
• Cannot leave the United States and return
• Cannot obtain Social Security numbers
• Cannot obtain driver licenses in most states
• Are ineligible for most public benefits
The “I” Word
 How would using the ‘i’ word make a student feel?
 How would the use of this term impact your ability to
provide services to students?
National Estimates
•
200-250K undocumented students enrolled in college
•
•
10% of undocumented 16-24 year olds go on to college
compared to 25-30% of the total population
•
Most go on to 2 year colleges
M. H. Lopez, Director of Hispanic Research, Pew Center, personal communication, Washington, DC, February 7, 2014. As noted in: In the
Shadows of the Ivory Tower: Undocumented Undergraduates and the Liminal State of Immigration Reform.
Undocumented Students at the U.C.
Low income
Predominantly Asian
and Latino
(97% received financial aid in AY13-14)
Over 2,000 students
across all 9
campuses
Admissions criteria
does not change
Including medical, law, and
professional/graduate school
UC Davis Growth
At UC Davis:
Academic Year
# of Students benefitting from CA
DREAM Act
12-13
13-14
14-15
78
184
273
Data as of January 2015 provided by UC Davis Financial Aid
Laws and Policies Affecting
Undocumented Students
Legal Information vs. Legal Advice
True or False
Legal information involves educating a person
about what the law is.
TRUE!
Legal advice involves making determinations or
recommendations based on analysis of the law as
it applies to a person’s specific situation.
TRUE!
Anyone can give legal advice.
FALSE!
Legal Information vs. Legal Advice
When in doubt, refer the student to
consult with an attorney.
Race and Immigration Policy
Key developments in federal immigration law inform
how we understand the marginalized experiences of
undocumented students of color.
1882
Chinese
Exclusion Acts
1924
National Origins
Quota System
1965
Immigration Act
of 1965
1996
Welfare Reform
Act of 1996
2013
Comprehensive
Immigration
Reform*
Overview of Laws and Policies
Federal
• Process for Obtaining a Green Card
• Comprehensive Immigration Reform
• Proposed legislation!
• Deferred Action (DACA & DAPA)
• The Constitutional Right to Free K-12 Education
State
• In-State Tuition at Public Universities
• State-Based Financial Aid
• Professional Licenses
• Driver Licenses
Federal Laws and Policies
Comprehensive Immigration Reform
• Would provide a pathway to citizenship for the majority of
undocumented individuals living in the United States.
• Includes the Federal DREAM Act
What is deferred action?
• Deferred action is a use of
prosecutorial discretion by
immigration authorities to suspend
deportation proceedings for a
certain period of time.
Deferred Action for Childhood Arrivals
Eligibility
•
•
•
•
•
Born after June 15, 1981
Arrival before 16th birthday
Qualifying education or military status
Continuous residence since June 15, 2007
No severe criminal history
Benefits
•
•
•
•
•
•
Temporary protection from deportation
Permission to work
Social Security Number
CA Driver’s License / CA I.D. Card
Medi-Cal (if otherwise eligible)
Possible to travel abroad
Deferred Action for Parents of American Citizens
and Lawful Permanent Residents*
Eligibility
Benefits
• Parent of a U.S. citizen or lawful permanent resident
• Continuous residence since January 1, 2010
• Are not an “enforcement priority” (no severe
criminal history)
• Temporary protection from deportation
• Permission to work
• TBA…
* Pending federal litigation
What Deferred Action is NOT:
• Permanent
• Guaranteed
• A law
• Legal immigration status
• A pathway to lawful permanent resident status or
U.S. citizenship
The Constitutional Right to Free K-12 Education
U.S. Supreme Court has held that undocumented
children are entitled to the same K-12 free, public
education system that the state provides to
children who are citizens or LPRs.
• Plyler v. Doe (1982)
Immigration Status: A Spectrum
Nonimmigrant
Visa (i.e.
Student visa)
Undocumented
Undocumented
with DACA
Weaker rights and
benefits
U.S.
Citizenship
Lawful
Permanent
Residence/
Green Card
Stronger rights and
benefits
Rights & Benefits of U.S. Citizens
•
•
•
•
•
•
•
•
Permission to work
Eligibility for federal financial aid
Free, public K-12 education
Can leave the U.S. and return
• Without time restrictions
Can petition certain family members to immigrate
• Including immediate relatives without much delay
Eligibility for public assistance
• Without waiting periods
Authorization to be in the U.S.
• Permanently
• Not subject to potential detention and/or deportation by ICE
Can vote in U.S. elections and serve on juries
Rights & Benefits of Lawful Permanent Residents
•
•
•
•
•
•
•
•
•
Permission to work
Eligibility for federal financial aid
Free, public K-12 education
Can leave the U.S. and return
• Without time restrictions
Can petition certain family members to immigrate
• Including immediate relatives without much delay
Eligibility for public assistance
• Without waiting periods
Authorization to be in the U.S.
• Permanently
• Not subject to potential detention and/or deportation by ICE
Can vote in U.S. elections and serve on juries
Pathway to citizenship
Rights & Benefits of Student Visa Holders
•
•
•
•
•
•
•
•
•
Permission to work (with limitations)
Eligibility for federal financial aid
Free, public K-12 education
Can leave the U.S. and return
• Without time restrictions
Can petition certain family members to immigrate
• Including immediate relatives without much delay
Eligibility for public assistance
• Without waiting periods
Authorization to be in the U.S.
• Permanently
• Not subject to potential detention and/or deportation by ICE
Can vote in U.S. elections and serve on juries
Pathway to citizenship
Rights & Benefits of Undocumented Immigrants
•
•
•
•
•
•
•
•
•
Permission to work
Eligibility for federal financial aid
Free, public K-12 education
Can leave the U.S. and return
• Without time restrictions
Can petition certain family members to immigrate
• Including immediate relatives without much delay
Eligibility for most forms of public assistance
• Without waiting periods
Authorization to be in the U.S.
• Permanently
• Not subject to potential detention and/or deportation by ICE
Can vote in U.S. elections and serve on juries
Pathway to citizenship
Rights & Benefits of DACA Recipients
•
•
•
•
•
•
•
•
•
Permission to work
Eligibility for federal financial aid
Free, public K-12 education
Can leave the U.S. and return (for limited purposes)
• Without time restrictions
Can petition certain family members to immigrate
• Including immediate relatives without much delay
Eligibility for most forms of public assistance
• Without waiting periods
Authorization to be in the U.S. (but still without immigration status)
• Permanently
• Not subject to potential detention and/or deportation by ICE
Can vote in U.S. elections and serve on juries
Pathway to citizenship
State Laws and Policies
The Challenge of Paying
for Higher Education
• Undocumented students:
• No automatic in-state tuition
• Ineligible for federal financial aid.
• No work authorization*
*Unless student qualifies for DACA/DAPA
Nationwide Overview of Access to Higher Education
Source: Americas Quarterly (http://www.americasquarterly.org/dreamers-access-higher-education)
Spotlight: California AB 540
• California law that allows a qualifying student who would
otherwise not be eligible for in-state tuition to pay in-state
tuition fees at any UC, CSU, or CA community college.
• Eligibility Requirements:
• Attended a CA high school for 3+ full academic years
• Graduated from a CA high school, attained a G.E.D., or
passed the CA High School Proficiency Exam
• In addition to other requirements
How Do CA Students Identify?
“Undocumented Student” vs. “AB 540 Student” vs. “DACAmented Student”:
Undocumented Students
(“Dreamers”)
AB 540
Students
DACA Students
(“DACAmented”)
Professional Licenses
• Florida: New law enacted in 2014 allows undocumented immigrants
with a Florida law degree to apply for admission as attorneys to the
Florida State Bar Association (HB 755).
• California: New law enacted in 2015 allows undocumented
immigrants to apply for professional licenses in the state (SB 1159).
Nationwide Overview of Driver Licenses
Source: National
Immigration Law
Center
“Best Practices” in State Immigration Policy
Education
• In-state tuition for undocumented
students
• State-based educational financial
aid
• Eligibility for need-based grants
and institutional scholarships
• State-based loans
• Professional licenses for
undocumented individuals
Non-Education
• Driver Licenses
• Access to state-based public
assistance
• Access to healthcare programs
• Access to state-funded legal
assistance
• Prohibitions on cooperation
between state/local law
enforcement agencies and federal
immigration authorities
Experiences and Challenges
Challenges
• Financial Aid/Financial Services
• Psycho-social stress/anxiety
• Driver’s License (DACA/AB60 as of 2015)
• Vulnerability: Deportation, exploitation, violence
• Internships/work experience
• Post-graduation unknown
• Medical care & Housing
• Navigating systems
4 Corners
Which area do you
feel most
comfortable
navigating for
yourself?
In your opinion, which
area is the biggest
challenge for an
undocumented
student?
Which area do you as
an ally need to learn
more about?
Best Practices
Best Practices: Framework for Allyship
Knowledgeable vs Misinformed
Advise vs Decide
Support vs Expertise
Human vs Subject
Best Practices: Individual Level
Check your
privilege
acknowledge;
leveraging vs.
stepping back
deficit vs. asset
frameworks
build trust,
rapport,
credibility
Connect with
students from
a place of love
Advising and
counseling
Create brave
spaces
symbolic
annihilation
mentorship is key!
visible support;
culturally and
linguistically
relevant materials
“keep it real”
with students
expand your
network;
awareness of
referral processes
Psycho-social
support
ally vs. advocate
academic and
student
development
don’t pressure
self-disclosure
What are some cues/invitations?
• “Can’t fill out FAFSA”
• “Can’t drive”
• “Can’t study abroad/ leave the US ”
• “Can’t work”
• “I don’t have an SSN”
• Any others?
Best Practices: Organizational Level
Assess your environment,
personnel, and resources
Establish the organization as a
resource
Hold your organization
accountable
• Revisit institutional mission and
values
• Proactive vs. reactive counseling
staff
• Parental/familial involvement
• Establish and streamline referral
process for services
• Invite/organize community functions
• Develop a school guide! (multiple
languages)
• Build alumni network
• Develop college pathways
• Visible and continued support for
undocumented students
• On-going professional development
• Partner with community
organizations
• Follow through and follow up
Websites to Reference
•
UC Davis Undocumented Student Support
•
http://undocumented.ucdavis.edu
•
University of California—All topics
• http://undoc.universityofcalifornia.edu/applying-to-uc.html
•
Educators for Fair Consideration (E4FC)
• e4fc.org
•
University of California Admissions
• http://admission.universityofcalifornia.edu/paying-for-uc/whats-available/cadream-act/
Contact Us
Andrea Gaytan
AB540 & Undocumented Student Center
(530)752-7270
agaytan@ucdavis.edu
Marcus Tang
UC Davis Immigration Law Clinic
(530) 752-1691
mtang-clinic@law.ucdavis.edu
Vanessa Segundo
AB540 & Undocumented Student Center
(530)752-9538
vsegundo@ucdavis.edu