Access to Higher Education for Immigrant Students Higher

Access to Higher Education for Immigrant Students Higher Education Government Relations Conference San Diego, California December 1, 2011 Tanya Broder National Immigration Law Center

Federal DREAM Act Path to citizenship for immigrant students who have grown up in the U. S. ØCame to U. S. under age 16 ØIn U. S. for at least 5 years before enactment ØGood moral character ØGraduate from US high school/GED ØUnder age 35(Senate); 32 (House) Within 6 years, must complete 2 years of higher education or military service, and maintain good moral character

Status of Federal DREAM § 2010 DREAM Act passed the House and secured 55 votes in the Senate – not enough! § Reintroduced (S. 952 and H. R. 1842) § Senate Hearing in June 2011 § National educational associations and college presidents weigh in

Prosecutorial Discretion § Not a pathway to permanent status § Applies only to individuals already in removal proceedings § Guidelines on high and low priority for removal: Many but not all DREAMers are low priority § But no way to apply affirmatively

State Campaigns Improving Access to Higher Education § Tuition Equity laws and policies § Scholarships and Financial Aid Defend Access by Fighting Proposals to: § Restrict in-state tuition or § Ban enrollment in higher education

Tuition Equity Laws & Policies § Offer in-state tuition rates to students who attend high school in state for a number of years, graduate and meet certain criteria § Make college more affordable for students brought to US as children § Reduce drop-out rates, increase economic and social benefits § Have withstood every legal challenge to date

Advocacy on Tuition Equity in 2011 § Tuition Equity bills introduced in at least 12 states. § Connecticut and Maryland enacted new laws; Rhode Island Board of Governors for Higher Education passed new policy. § Efforts to repeal Tuition Equity laws defeated in CA, KS, NE, OK, TX and UT. § Wisconsin repealed its Tuition Equity law, and Indiana passed a law restricting in-state tuition.

Proposed Bans on Enrollment § Bills that would deny enrollment to students in AZ, GA, KY, NC, TN and VA were defeated or failed to move in 2011. § Montana referendum on Nov. 2012 ballot will ask whether to deny “state services, ” including enrollment in public university and financial aid to undocumented immigrants. § Alabama’s new law denies public post-secondary education to undocumented immigrants as well as many lawfully present immigrants. This provision is currently blocked by the court.

Scholarships & Financial Aid The Next Step § California - DREAM I & II: privately funded scholarships, fee waivers, state financial aid. Scholarships and reimbursement of expenses related to participation in student government. § Illinois - DREAM Commission to provide privately funded scholarships, college savings pool and prepaid tuition for persons with individual taxpayer identification numbers (ITINs), and ensure that school counselors are prepared to address needs of and opportunities for children of immigrants.

Current State Laws & Policies on Access to Higher Education for Immigrants | October 2011 ME NH MI MA CT NJ OH WV States with Tuition Equity Laws or Policies “Flat tuition rate” available in some college systems States with Tuition Equity Laws & Scholarships States with Tuition Equity Laws & Financial Aid States that ban enrollment to undocumented students (*= currently enjoined) States where some college systems deny enrollment VA RI