Perspective regarding student affairs professionals’ responsibility about knowing the laws and policies

1. What is your perspective regarding student affairs professionals’ responsibility about knowing the laws and policies to better support the success of undocumented students.?

The legal rights and privileges afforded undocumented
students in the United States vary by state. It is important
that student affairs professionals understand the laws and
policies that shape the personal and academic experiences
of undocumented students on their campus to meet their
unique needs.
1
Serving Undocumented Students:
Current Law and Policy
Ryan Evely Gildersleeve, Corey Rumann, Rodolfo Mondragón
Families migrate to the United States for opportunity. Whether they leave
extreme poverty or violence or reunite with relatives who made the move
before them, immigrants seek opportunity. Sometimes circumstances force
families to make tough decisions. Sometimes circumstances and tough
decisions manifest in families entering the United States without legal documentation. These families become America’s undocumented. The children
who migrate as part of these families become undocumented students. This
transition to undocumented status is accompanied by limited opportunities, particularly for employment, and increasingly for higher education.
Nevertheless, undocumented students continue their families’ struggle for
opportunity every day on college and university campuses.
Student affairs professionals are vested with the responsibility for
assisting and supporting the academic and social success of all students,
including those from undocumented families. This chapter outlines the
legal context for undocumented students in higher education and provides
direction for policymakers in student affairs offi ces serving these students.
We explore how law and policy matter in undocumented students’ lives.
We also provide additional resources for student affairs professionals to
consult when crafting policy and developing expectations for effective
practice in the support of undocumented students.
Understanding the legal and policy contexts through which undocumented students struggle to persist in higher education is a fi rst step in
developing the capacity to support these students. With this knowledge,
5
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student affairs professionals must become advocates for undocumented
students’ rights to support their success in higher education and participation in American democracy. The more informed that student affairs professionals are about the legal and policy contexts of undocumented
students’ lives, the better they can serve these students. Finally, when
undocumented students see that student affairs professionals know about
and demonstrate an ethic of care regarding their unique realities, it
increases the students’ opportunity and likelihood to develop trust with
student affairs professionals. Students’ trust can translate into a more
engaged use of student support services, and perhaps even assist student
affairs professionals in learning how better to support these students’ academic achievement and personal growth.
The Everyday Life of Undocumented Students
Passel and Cohn (2008) estimate that 11.9 million unauthorized immigrants were present in the United States as of March 2008. Often immigrant
adults move to the United States with children, who also assume undocumented status. This status poses future challenges for them when they pursue access to higher education and employment.
Currently, 56 percent of all undocumented immigrants are from Mexico, 22 percent from other nations in Latin America, 13 percent from Asia,
6 percent from Europe and Canada, and 3 percent from Africa and other
regions of the world (Passel, 2006). For the most part, the children of these
undocumented populations have grown up and received much of their primary and secondary educations in the United States (Gonzales, 2007). Of
crucial concern for this diverse population of undocumented children is
the opportunity to access and succeed in postsecondary education. It is
estimated that sixty-fi ve thousand undocumented children who have lived
in the United States for fi ve years or longer graduate from high school
every year (Passel, 2003). These young people have limited means to legalize their status in this country and, as a result, face a complex and dynamic
set of legal and political contexts that can constrain their pursuits for
higher education; however, in some cases these legal and political contexts—
such as laws providing access to in-state tuition rates—can enable their
pursuits.
Beyond this basic demographic portrait of undocumented students,
student affairs professionals need to recognize that undocumented students
are participants in everyday life. This statement may seem overly simplistic,
but its consequences are profound. National media and political discourse
often characterize undocumented immigrants as “living in the shadows” or
“underground.” Although these images may be accurate, they should be
tempered by recognizing that although undocumented students’ struggles
to persist through higher education can often involve a shadowed or underground dimension, they have and continue to participate in the life of their
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college or university. Undocumented students eat in campus dining centers, do research in the library, seek community in campus organizations,
look for affordable housing options, talk to friends in the quad, and need
resources to support their success in college. To overemphasize the underground dimensions of undocumented students runs the risk of viewing
these students as other, thereby classifying their needs as too different or
outside the realm of student affairs. Undocumented students in fact are
part of the campus community and require the attention of student affairs
professionals.
Undocumented Students’ Needs
Based on their undocumented immigration status, undocumented students
can face distinct disadvantages compared to their native peers in terms of
employment, social service resources, and basic human rights afforded to
others in the United States. This also can be true for their access to higher
education, where their economic and social resources may be limited
(Kaushal, 2008). Undocumented students are often the fi rst in their family
to attend college, which suggests they very well may start college with subaltern forms of cultural capital. Oldfi eld (2007) defi nes cultural capital as
the “knowledge, skills, education, and other advantages a person has that
make the educational system a comfortable, familiar environment in which
he or she can succeed easily” (p. 2). Without anyone in their immediate
family to assist them in navigating educational pathways, undocumented
students can have diffi culty negotiating their way through college. These
circumstances beg questions about how to support these students’ self-effi –
cacy and basic sense making around socialization to life as college students
and the institutions in which they fi nd themselves.
As Gildersleeve and Ranero note in Chapter Two (this volume),
undocumented students’ precollege social contexts include particular needs
related to parents’ labor and employment, as well as the dynamic organizations of family that may shape their lives. These circumstances continue in
effect when students attend college. The new environment, expectations,
and stressors of college life can become burdensome on some students’
family obligations, and this tension between family and college can become
overwhelming, especially for vulnerable populations, such as immigrant
families (Gildersleeve, 2010; Rothenberg, 1996). Lopez (2001) established
that immigrant students’ academic achievement improves when family
needs are met fi rst. Although Lopez’s work is situated in K-12 schooling, it
implies that alleviating families of the burdens associated with tough circumstances (for example, poverty, unfair labor practices, inadequate health
care) affords students greater opportunity to engage meaningfully with
their education. The same logic can be applied to the collegiate environment. Since undocumented students’ social contexts, which are largely
related to their legal contexts, can be shaped differently from the normative
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student experience, it makes sense that meeting those needs fi rst will help
students to engage more fully with their academic lives.
To understand these needs from legal and policy perspectives, it is
important to understand the law and policy that shape undocumented students’ college-going lives. Fundamental to understanding these contexts is
an understanding of how immigration, education, and other social laws
and policies operate in the United States. Undocumented students’ struggle
to persist through higher education pathways is located in a dynamic nexus
of federal, state, local, and institutional authority. Immigration has long
been understood as the domain of the federal government. Education, by
and large, has been understood as the domain of individual state governments. Particular policies to support these laws and enable schools, colleges, and universities to meet the social needs of their community and
broader society generally have been left to the autonomy of individual
institutions or the broader state systems of institutions of which they are
a part. At times, policies have been established in broader popular
approaches, where local communities or municipalities infl uence how individual schools function (for example, K-12 school district elections, community college districts).
Undocumented students seek social opportunities similar to those of
their native peers; however, their undocumented status uniquely positions
them in a complex web of authorities that do not always communicate well
with each other, take one another into account, or necessarily agree on the
limits of each other’s powers. In sum, undocumented students’ higher
education opportunity, from a legal and policy perspective, is subject to
dueling, sometimes competing, and always changing external forces of
infl uence.
Undocumented Students’ Legal Rights and Privileges
Becoming familiar with the rights and privileges afforded undocumented
students in the United States is a fi rst step in supporting their college success and meeting their unique needs. As an artifact of the way their families
entered this country, students’ undocumented status makes their presence
in this country a violation of federal immigration law according to the
Immigration and Nationality Act (U.S. Citizenship and Immigration Services, 2008). However, despite some popular, or folk, beliefs to the contrary, undocumented students do have legal rights in the United States. In
accordance with the Fourteenth Amendment to the U.S. Constitution,
undocumented immigrants have legal rights when they are residing in the
United States (Olivas, 2004). People living in the United States without
legal authorization retain rights to emergency health care, emergency shelter, and disaster aid; due process related to unlawful search and seizure,
arrest, and work-related discrimination and unfair employment practices;
and unfair housing discrimination. Furthermore, no federal legislation
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restricts undocumented immigrants from opening bank accounts, taking
out private loans, or purchasing private health insurance. However, some
banking institutions and health care providers may practice restrictive
policies that limit the banking services available to undocumented
immigrants.
Regarding education, the U.S. Supreme Court decision in Plyler v. Doe
(1982) grants undocumented students the right to a K-12 education. Citing
the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, the Court determined that the State of Texas could not deny free
public education to undocumented immigrant students (Olivas, 1986;
Ruge and Iza, 2005). Therefore, “no child should be denied enrollment in
public primary or secondary schools because of immigration status” (Ruge
and Iza, p. 259). However, Plyler v. Doe did not address the educational
needs of these students once they leave compulsory education and aspire to
and matriculate in postsecondary institutions.
Undocumented immigrants’ access to higher education can be a highly
politicized and controversial issue, especially depending on the state of the
nation’s economy and the political atmosphere in the country at the time
(Massey, Durand, and Nolan, 2002, as cited in Frum, 2007). This has
become an even more hotly contested and sensitive political issue since
September 11, 2001, with young, undocumented immigrants fi nding themselves caught in the wake of political and national debates and controversies related to homeland security and U.S. border policy. While the federal
government has the primary responsibility for enforcing immigration laws,
in the spring of 2010 the Arizona state legislature passed Senate Bill 1070,
which made being undocumented a violation of state law as well. The law
does not address higher education specifi cally, but The Associated Students
of the University of Arizona passed a resolution opposing the new law out
of concern that students would be subject to unwarranted police action
(Donovan, 2010). As Frum (2007) noted, “The politicization of the broader
issue of immigration has resulted in a number of legislative efforts to limit
access to certain benefi ts, including higher education” (p. 84).
The two federal statutes most often cited and debated concerning
undocumented students’ access to higher education are the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA). However, the language used in these statutes does not encourage states to deny benefi ts such as in-state tuition to undocumented immigrant students. Section 505 of the IIRIRA indicates that an “alien” who is
not lawfully present in the United States is not eligible for any postsecondary education benefit on the basis of residency unless a citizen of the
United States is eligible for the same benefi t regardless of whether the citizen is a resident. PRWORA proclaims that an unqualifi ed “alien” is not
eligible for any federal public benefi t including postsecondary education or
any other benefi t in which payment or other assistance is provided.
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The intent behind these two statutes is interpreted in different and
controversial ways; however, there seems to be at least some agreement
that “these statutes do not prevent institutions from enrolling or admitting
an undocumented immigrant student” (Ruge and Iza, 2005, p. 263). Nevertheless, undocumented students remain ineligible for federal fi nancial aid
programs (Ruge and Iza). Less clear is whether states can extend in-state
tuition benefi ts to undocumented students (Frum, 2007). Consequently
states tend to interpret the intent of the law in their own ways and enact
legislation or policies depending on their interpretations. There is no uniform set of standards for undocumented students’ admission and access to
higher education across the board, and rules and regulations vary considerably by state. This is yet another obstacle for undocumented immigrant
students to maneuver if they want to attend college.
The Student and Exchange Visitor Information System (SEVIS) was
recently established to monitor and track students with nonimmigrant
visas in the United States (Ruge and Iza, 2005). This system is designed
primarily for international students who are studying in the United States,
and “there is no requirement under SEVIS that university personnel report
an undocumented immigrant student” (p. 264). Thus, undocumented
immigrant students’ right to privacy remains intact; higher education offi –
cials, including student affairs professionals, do not have the authority to
enforce immigration laws. The Family Educational Rights and Privacy Act
also comes into play here, and “SEVIS does not mandate that states or institutions of higher education refuse admission to undocumented students or
report them to the Department of Homeland Security” (p. 264).
Undocumented Students’ Legal and Policy Constraints
Undocumented students face myriad challenges and obstacles in their lives
directly and indirectly related to higher education. Although no federal
legislation prevents undocumented students from attending higher education, some states and individual institutions have taken action to contest or
deny undocumented admissions. Federal policies restrict undocumented
students from accessing most fi nancial aid resources, serving as a policy
framework for many state, institutional, and private fi nancial aid resources
to follow. One hotly contested legal issue related to undocumented students is the extension or restriction of in-state tuition residency benefi ts for
public higher education institutions. The following sections address each
of these constraining sets of laws and policies that directly infl uence undocumented students’ higher education opportunities, summarizing the legal
constraints on undocumented students with a brief discussion of broader
immigration policy, which serves as the backdrop against which particular
education law and policy exists.
Contested Rights to Admissions. Some undocumented students face
obstacles simply in being admitted to colleges and universities, despite the
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fact that no federal law prohibits institutions from admitting them. Some
schools require students to provide proof of legal residency, while others
do not. Some institutions request proof of citizenship or immigration
status, yet they have no policy that restricts students from attending as a
result of their status, whatever it may be. Nevertheless, some institutions
restrict admissions to legal residents, disenfranchising undocumented
students. The lack of uniformity of disclosure and policy related to
students’ citizenship or immigration status makes it diffi cult for students
and their families to engage authentically with the broader social institution
of higher education in the United States. A survey conducted by the
American Association of Collegiate Registrars and Admissions Offi cers
found that 53.6 percent of responding schools (613 of 2,000 the association’s member institutions) knowingly admit undocumented immigrant
students, while many schools do not verify students’ citizenship or
immigration status, regardless of institutional or state policies related to
admissions (Redding, 2009). The survey suggests that undocumented
college student admission lacks oversight, institutional or systemic
congruency, and, perhaps, informed practice.
Undocumented admissions are politically charged. In 2008, South
Carolina “became the fi rst state to enact a statute barring these [undocumented] students from attending state institutions, and Alabama’s higher
education board acted through regulation to do the same” (Olivas, 2009,
p. 408). In addition, North Carolina’s community college system banned
the enrollment of undocumented immigrants pending a comprehensive
study (Redding, 2008). These restrictive actions by individual states highlight the ways in which immigration and education law and policy intertwine in ways that make undocumented students’ opportunities diffi cult
to assess. Furthermore, the movement in these southern states to restrict
undocumented students’ social opportunities through higher education
marks the dynamic landscape of college admissions for undocumented
students.
Barriers to Financing Higher Education. Pursuing higher education
can be accompanied by expensive fi nancial investment. Undocumented
students cannot gain lawful employment and do not qualify for most forms
of fi nancial aid. As it stands, the lack of fi nancial resources to fund one’s
college education is the central barrier that limits undocumented students’
access to higher education (Diaz-Strong and Meiners, 2007). Qualifi cation
for federal and most state-based fi nancial aid requires U.S. or permanent
legal residence. For this reason, undocumented students are automatically
disqualified from government financial aid programs including federal
student loans, Pell Grants, and work-study programs (Oliverez, 2006).
Moreover, many higher education institutions and scholarship providers
piggyback on the requirements of federal financial aid for scholarship
monies, which disqualify undocumented students from receiving
institutional and private funds (Diaz-Strong and Meiners, 2007). Currently,
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only Texas and New Mexico offer state-funded financial aid for undocumented immigrant students.
Aside from fi nancial aid, undocumented students do not have legal
documentation to work in the United States, which limits their potential to
earn income while in college. With the increasing costs of higher education
and living expenses, it is no surprise that seven of eight undocumented students attend two-year colleges (Diaz-Strong and Meiners, 2007). Lack of
employment opportunities after college graduation can be an additional
obstacle, even while a student struggles to persist and earn her or his degree.
These legal barriers create an undue burden on students that can have a
negative effect on their academic achievement. In short, the fi nancial pressures and lack of opportunities facing undocumented students while in and
immediately following college mean that they must work harder to fi nance
their education for a promise of future opportunity that may go unfulfi lled.
Contested In-State Tuition Benefits. The U.S. Supreme Court
decision in Toll v. Moreno (1982) is the primary case dealing with whether
states can offer in-state tuition to undocumented students. The Court
found that in-state tuition need not be limited to U.S. citizens and legal
permanent residents (Ruge and Iza, 2005). Nevertheless, in the majority of
public colleges and universities, undocumented students are required to
pay nonresident tuition (Burdman, 2005). Generally the cost of resident
tuition rates compared to nonresident tuition for undocumented students
is substantial. Denying in-state tuition benefi ts to undocumented students
effectively could deny them the opportunity to attend college altogether, as
many, if not most, undocumented students come from lower-income
families that cannot afford higher out-of-state tuition rates (Oliverez, 2006;
Protopsaltis, 2005).
Currently ten states have laws that clearly extend in-state tuition
benefi ts to undocumented immigrants in public colleges and universities
(California, Illinois, Kansas, Nebraska, New Mexico, Oklahoma, New York,
Texas, Utah, and Washington). Oklahoma, which had been a forerunner in
granting in-state benefi ts to undocumented students, passed legislation in
2008 that seemingly rescinded a law that had granted in-state tuition
(National Conference of State Legislatures, 2008; Olivas, 2009). Oklahoma’s House Bill 1804, the Citizens and Taxpayers Protection Act, places
restrictions on the accessibility of in-state tuition for undocumented students and nearly guarantees that they cannot receive state-funded fi nancial
assistance through scholarships or other sources.
Oklahoma is an example of the complex and dynamic politicization of
this issue. Public opinion, state legislatures, and state and federal courts
increasingly are shifting in unpredictable ways as they consider whether
undocumented immigrants deserve equal opportunity to attend college as
their native counterparts.
To date, none of the states that offer in-state tuition have been found
to be in violation of IIRIRA or PRWORA. Most of the states require that
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undocumented students meet certain requirements, such as graduation
from a state high school or attendance for two to four years, a high school
diploma or GED (General Educational Development), and an affi davit that
the student is pursuing permanent resident status (Education Commission
of the States, 2008). Therefore, citizens who are not residents of these
states also could be eligible for in-state tuition if they met those qualifi cations, which places these policies fi rmly on solid ground in relation to Toll
v. Moreno. A number of states (Arizona, Colorado, Georgia, Oklahoma, and
South Carolina) have enacted laws barring undocumented students from
receiving in-state tuition (Olivas, 2009). Ironically, Georgia once provided
tuition scholarships for undocumented students (Gutierrez, 2004) but now
does not even grant them in-state tuition. Denial of in-state tuition for
undocumented students continues to widen the gap between students and
their access to higher education.
Other states leave admission policies up to their respective governing
boards, many of which make their decisions based on their interpretation
of federal laws (as North Carolina does) or simply leave the decisions up to
individual institutions. Policy then generally is left to the political views of
a select few rather than democratically contested in a public forum. This
haphazard mode of policy development sends mixed signals to undocumented students, who can never be quite sure what the rules are for admissions, tuition, and fi nancial aid. In addition, legal challenges to state laws
are in effect. For example, Kansas was the fi rst state to face a challenge of
its tuition policies for undocumented students. And in early 2009, the California Supreme Court agreed to hear arguments concerning a case on
whether it is constitutional, under the California State Constitution, for
public colleges and universities to provide in-state tuition benefits for
undocumented immigrants (Gorman, 2009). However, some schools have
taken steps to try to clarify or make more explicit their policies regarding
tuition policies for undocumented students. For example, some Minnesota
schools charge a fl at tuition fee for all students. Also, some schools, such as
Vassar College, make their policies transparent by clearly stating them on
their Web site (Redding, 2009).
State decisions, as evidenced by changes in laws in Oklahoma and
Georgia, as well as the contests in California and Kansas, are in constant
fl ux. Changes and challenges in law and policy are introduced nearly annually across different states and institutions. Some initiatives support undocumented students’ access to higher education, while others restrict it.
Student affairs professionals must remain informed of recent changes to
state laws, policies, and regulations.
The Backdrop of Broader Immigration Policy
Immigration policy in the United States is more than simply a set of rules
stating who can and cannot enter the country. Some policies set out the
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reasons that people may be allowed entry, including the types of activities
in which they may be permitted to participate while in residence. Other
policies detail how immigrants can participate in U.S. democracy and perhaps become citizens. These policies also include the rights and privileges
that all immigrants (including undocumented immigrants) are afforded.
Another group of policies deals with the judicial realm of immigration—
how immigration law can be enforced and the consequences for not abiding by immigration regulations. Then there are laws and policies that deal
particularly with U.S. borders. Each set of laws and policies is politicized
differently, and each set has differential effects on different groups of immigrants. It is important for student affairs professionals to understand that
immigration policy is a complex system of rules and regulations that
change over time and play out differently for different groups in different
contexts. Border policy may not affect a Southeast Asian immigrant, for
example, whereas it may have direct impact on a student from Central
America.
The DREAM Act
What has become known as the Development, Relief, and Education for
Alien Minors (DREAM) Act was fi rst introduced in 2001 (then called the
Student Adjustment Act) as bipartisan legislation in the U.S. House of Representatives. It sought to clarify the contested rights of states to extend instate tuition benefi ts to undocumented immigrants, as well as provide a
pathway to citizenship for those students. Since 2001, the DREAM Act has
undergone multiple revisions, often coinciding with the ebb and fl ow of the
political role that immigration issues play in federal elections. It has not yet
been enacted.
According to the National Immigration Law Center (2009), the latest
revision of the proposed legislation would “provide 360,000 undocumented high-school students with a legal means to work, and could provide incentives for another 715,000 youngsters between the ages of 5 and
17 to fi nish high school and pursue post-secondary education” (p. 1). In its
most recent version, the DREAM Act would achieve a secured right for
undocumented students to attend public colleges and universities, a
secured option for states to extend public higher education benefi ts (for
example, in-state tuition) to undocumented students, the opportunity for
some undocumented students to receive some types of fi nancial aid, and a
pathway to citizenship (Olivas, 2009).
Under the DREAM Act, students would follow a two-step process
toward legal residency. First, they would receive conditional status for six
to eight years while pursuing higher education or serving in the military
(Olivas, 2004). After successfully completing two years of college or military service, they could apply for permanent residency. To be eligible for
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benefi ts under the DREAM Act, a student must have lived in the United
States for a period of fi ve years or more, entered the United States before
the age of sixteen, been admitted to a postsecondary institution, earned a
high school diploma or GED, and have “good moral character.”
The DREAM Act will not be a panacea for ameliorating the struggles
(legal, political, and otherwise) that undocumented students may face in
higher education. There are some concerns about what the DREAM Act
would not provide. For example, the DREAM Act effectively would repeal
section 505 of the IIRIRA, but it would not require states to afford undocumented students in-state tuition. Also, the act could make undocumented
students eligible for some state and federal fi nancial aid but not Pell Grants,
even if students qualifi ed for them. Pell Grants are among the most useful
fi nancial aid instruments available, as they primarily serve the most fi nancially needy students and have been shown to have a direct impact on students’ ability to afford higher education (Price, 2004). Still, supporting the
DREAM Act has become a strong signifi er of support for immigrant rights,
and for undocumented students in particular.
Implications for Student Affairs
Huber and Malagon (2007) argue that institutional missions need to reinforce social justice ideals to make clear to faculty, staff, and students that
serving undocumented students’ academic and social needs is part of
achieving equity in higher education. We put forth that student affairs professionals already are called to serve all students in the promotion of
equity, and we have presented a brief sketch of the legal and policy contexts that undocumented students face in order to assist student affairs
professionals in doing so. Without understanding the nexus of policy and
law that helps shape undocumented students’ experiences, student affairs
professionals cannot meaningfully respond to their unique needs. This
chapter provides a broad overview of these contexts, but a dynamism and
nuance complicate these contexts. Immigration, law, education, and policy
are always shifting ground, so student affairs professionals must take this
broad landscape of law and policy—the rights, privileges, constraints,
and controversies—and use it as a tool for investigating the particular
legis lative, judicial, and political realities in their local and institutional
contexts.
We have offered a short set of practical implications derived from this
broad sketch of the current law and policy affecting undocumented students in college. In becoming familiar with their local law and policy, student affairs professionals should pay particular attention to admission,
tuition, and fi nancial aid policies at their institutional and state levels. Recognizing that some laws and policies may afford undocumented students
greater opportunity (for example, in-state tuition benefi ts), while others
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may constrain students’ opportunity (for example, restrictive fi nancial aid
policies), student affairs professionals can assess their immediate situations
and explore creative ways to assist students. For example, understanding
that undocumented students may struggle to afford college yet may not
qualify for fi nancial aid, student affairs professionals may fi nd opportunities for students to work in situations where compensation can come in
forms that may not require reporting to federal agencies, such as smaller
stipends for special projects or service.
Finally, the best way for student affairs professionals to serve undocumented students, from a legal and policy perspective, is to become
advocates for these students’ legal and political rights to attend college
under the same circumstances as other students. Advocacy means going
beyond the basic service of informing oneself of the local law and policy
and demonstrating to undocumented students the importance of struggling
in their quest for educational opportunity. Supporting and engaging in
activities such as letter-writing campaigns in support of benefi cial legislation provide evidence to undocumented students that student affairs professionals desire to support and assist them in their lives as college
students. Advocacy is central to student affairs work, and it should not be
restricted to students’ lives on campus. Rather, advocacy should work to
benefi t students on campus by recognizing ways that the legal and policy
contexts off-campus shape students’ lives in college.
Resources
The following organizations and Web sites may help student affairs professionals begin to familiarize themselves with the unique legal and policy
contexts that undocumented students in their institutions may face:
• American Association of State Colleges and Universities: http://www
.aascu.org/
• Education Commission of the States: http://www.ecs.org
• Immigration Policy Center: http://www.immigrationpolicy.org/
• Institute for Higher Education Law and Governance: http://www
.law.uh.edu/ihelg/
• MALDEF Mexican American Legal Defense and Educational Fund:
http://www.maldef.org/
• Migration Policy Institute: http://www.migrationpolicy.org/
• National Conference of State Legislatures: http://www.ncsl.org/
• National Immigration Forum: http://www.immigrationforum.org/
• National Immigration Law Center: www.nilc.org
• Pew Hispanic Center: http://pewhispanic.org/
• Truth in Immigration: http://www.truthinimmigration.org
• Urban Institute: www.urban.org
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References
Burdman, P. The Student Debt Dilemma: Debt Aversion as a Barrier to College Access.
Berkeley, Calif.: Center for Studies in Education, 2005. Retrieved Mar. 21, 2009, from
http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1063&context=cshe.
Diaz-Strong, D., and Meiners, E. “Residents, Alien Policies, and Resistances: Experiences of Undocumented Latina/o Students in Chicago’s Colleges and Universities.”
InterActions: UCLA Journal of Education and Information Studies, 2007, 3(2), article 6.
Retrieved Mar. 20, 2009, from http://repositories.cdlib.org/gseis/interactions/vol3/
iss2/art6/.
Donovan, L. E. “ASUA Approves Anti-SB1070 Resolution.” The Arizona Daily Wildcat.
May 12, 2010. Retrieved from http://wildcat.arizona.edu.
Education Commission of the States. “In-State Tuition for Undocumented Immigrants.”
Denver: Education Commission of the States, 2008. Retrieved Mar. 20, 2009, from
http://www.ecs.org/clearinghouse/75/53/7553.htm.
Frum, J. L. “Postsecondary Educational Access for Undocumented Students: Opportunities
and Constraints.” American Academic, 2007, 3(1), 81–107.
Gildersleeve, R. E. Fracturing opportunity: Mexican migrant students and college-going
literacy. New York: Peter Lang Publishers, 2010.
Gonzales, R. G. “Wasted Talent and Broken Dreams: The Lost Potential of Undocumented
Students.” Immigration Policy in Focus, 2007, 5(13), 1–11.
Gorman, A. “California Supreme Court to Take on State Law Granting In-State Tuition
to Illegal Immigrants.” Los Angeles Times, Jan. 5, 2009. Retrieved Mar. 20, 2009, from
http://articles.latimes.com/2009/jan/05/local/me-immigtuition5.
Gutierrez, B. “Illegal Immigrants Get a Shot at College with Scholarships.” Atlanta
Journal-Constitution, Jan. 24, 2004, p. A1.
Huber, L. P., and Malagon, M. C. “Silenced Struggles: The Experiences of Latina and
Latino Undocumented College Students in California.” Nevada Law Journal, 2007, 7,

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