Daca Students: International Or Us Freshman?

DACA (Deferred Action for Childhood Arrivals) students are undocumented school-age immigrants who live in the United States. They are often referred to as DREAMers. While DACA students are considered undocumented, they may have a social security number and/or an Employment Authorization Card. Whether a DACA student is considered a freshman international or freshman US student depends on the specific state and the private institution's policies. Some states and institutions count DACA students as international, while others count them as residential.

Are DACA students freshman international or freshman US?

DACA students are considered undocumented

DACA (Deferred Action for Childhood Arrivals) students are considered undocumented because they are school-age immigrants who entered the United States without inspection or overstayed their visas. Despite this, DACA recipients are protected from deportation and are given work permits. However, their status must be renewed every two years.

DACAmented students are still considered undocumented even if they have been assigned a social security number and/or have an Employment Authorization Card. When applying to universities, DACA students should follow the same steps as undocumented students. For example, at Southern Oregon University, DACA students are instructed to select "non-US Citizen" for their citizenship status on their application. Additionally, undocumented students, including DACA recipients, must submit the Tuition Equity Form.

The access that undocumented students, including those with DACA status, have to in-state tuition and state financial aid varies across the United States. While some states provide in-state tuition and financial aid to undocumented students, others actively block access to these resources. Furthermore, some states bar enrollment in all or certain public institutions for undocumented students, but may still allow DACA recipients to enroll.

DACAmented individuals can apply for specific permission to leave and re-enter the United States for various reasons, including education, by obtaining an Advance Parole document. However, this does not guarantee their successful return to the U.S., and they may still be subject to removal proceedings. Therefore, DACA students are advised to seek legal counsel before considering this option.

DACA students can apply for permission to leave and re-enter the US

DACA (Deferred Action for Childhood Arrivals) students are undocumented students who entered the US as children without authorization or overstayed their visas. They are typically considered to be neither international students nor US freshmen, as they are not US citizens but are also permanent residents of the US.

It is important to note that Advance Parole is not a guarantee of re-entry into the US. Even with Advance Parole, a DACA student may still be considered an applicant for admission and could be subject to removal proceedings. The law relating to travel on Advance Parole for DACA students is complex, and students are encouraged to seek legal counsel before considering this option.

Additionally, unauthorized travel outside of the US on or after August 15, 2012, will interrupt an individual's continuous residence, and they will no longer be considered for deferred action. Any travel outside of the US between June 15, 2007, and August 14, 2012, will be assessed to determine whether it qualifies as brief, casual, and innocent.

DACA students should be aware that if they have been ordered to be deported or removed from the US, leaving the country without first seeking administrative closure or termination of their removal proceeding may result in serious future immigration consequences.

DACA students can apply to some US universities as domestic students

DACA (Deferred Action for Childhood Arrivals) students are undocumented immigrants who entered the US as minors and remained there, often overstaying their visas. DACA students are generally eligible for work authorization and can apply for permission to leave and re-enter the US for educational reasons.

Whether a DACA student is considered a domestic or international applicant depends on the state and the university. Some states and universities consider DACA students domestic applicants, while others consider them international applicants.

For example, Southern Oregon University (SOU) instructs DACA students to apply using the domestic student application and select "non-US Citizen" for their citizenship status. On the other hand, some universities, such as Vanderbilt, Georgetown, Villanova, Fordham, and the University of Rochester, require DACA students to apply as international students.

Additionally, four states provide in-state tuition to undocumented students at some but not all universities, and four other states restrict in-state tuition eligibility specifically to DACA recipients. Nine states actively block access to in-state tuition for undocumented students, including three that prohibit them from enrolling in all or some public colleges.

DACA students should research the policies of their desired universities and states to understand their specific requirements and application processes.

DACA students may be barred from enrolling in some public institutions

DACA (Deferred Action for Childhood Arrivals) students are undocumented immigrants who entered the United States as children without inspection or by overstaying their visas. They are allowed to remain in the country and are provided with a social security number and/or an Employment Authorization Card. While DACA students are considered undocumented, they are not subject to the same restrictions as other undocumented students when it comes to enrolling in public institutions.

At the national level, there are no laws prohibiting undocumented students from seeking admission, enrolling, or graduating from American colleges. However, federal law does prevent them from receiving federal student aid. This means that DACA students, as undocumented students, are not eligible for federal student aid. Despite this, 24 states and Washington, D.C., provide in-state tuition to undocumented students, with 19 of these states and Washington, D.C., also offering access to state financial aid.

However, policies in some states actively bar enrollment in all or certain public institutions for undocumented students, including DACA recipients. These policies vary from state to state, and while some states may allow DACA recipients to enroll in some public institutions, others may restrict their access entirely. Additionally, four states provide in-state tuition to undocumented students at some but not all universities. The specific restrictions and requirements for DACA students vary depending on the state and the individual institution.

It is important to note that the legal status of immigrants, especially undocumented young people, is subject to constant change. Political and cultural factors can directly impact the laws affecting undocumented individuals, leading to uncertainty and potential challenges for DACA students seeking to enrol in public institutions. As a result, DACA students are advised to enrol in college while their protected status remains in place to ensure continued access to higher education.

DACA students may be eligible for in-state tuition in some states

DACA (Deferred Action for Childhood Arrivals) students are undocumented school-age immigrants who live in the United States. They are considered to have "lawful presence" but not "lawful status" in the US. While some states actively bar DACA students from in-state tuition and financial aid, others provide access to in-state tuition and financial aid.

For example, in Georgia, the Board of Regents initially closed the door on in-state tuition for DACA students. However, after clarifications from the Department of Homeland Security on the distinction between "lawful presence" and "lawful status", the Board of Regents had to allow DACA beneficiaries to pay in-state tuition, according to their own policy manual.

Similarly, in Virginia, the state's attorney general started granting in-state tuition to DACA students in 2014. Meanwhile, in Hawaii and Michigan, the University of Hawaii and the University of Michigan, respectively, have adopted policies that give undocumented students, including DACA recipients, access to in-state tuition.

On the other hand, three states—Arizona, Georgia, and Indiana—have passed legislation explicitly prohibiting undocumented students from receiving in-state tuition rates. Alabama and South Carolina go even further, barring undocumented students from enrolling in any public postsecondary institutions.

The eligibility criteria for in-state tuition vary across states and institutions, and it is essential for DACA students to carefully review the requirements and consult with relevant offices or attorneys, such as the Office of International Programs or immigration attorneys, to understand their options and ensure they meet the necessary criteria.

Frequently asked questions