Undocumented Students: Universities' Reporting Responsibilities Explored

In the United States, undocumented students face numerous challenges in pursuing higher education. While no federal law prohibits colleges from admitting them, some states and institutions have imposed restrictions. Additionally, undocumented students are ineligible for federal financial aid, which poses significant financial barriers. However, they can explore alternative sources of funding, such as private scholarships, state aid, and institutional support. The Deferred Action for Childhood Arrivals (DACA) program has played a crucial role in providing opportunities for undocumented students, but it faces ongoing legal challenges and eligibility limitations. Understanding the complex landscape of policies and support systems is essential for undocumented students navigating the higher education system in the US.

No federal law prevents US colleges from admitting undocumented students

Undocumented students—children born abroad who are not US citizens or legal residents—face many challenges when it comes to pursuing higher education in the US. While no federal or state law prohibits the admission of undocumented immigrants to US colleges, public or private, institutional policies on admitting undocumented students vary.

Legal and Financial Barriers

Undocumented students may face legal and financial barriers to higher education. While undocumented students can attend college in the US, they are ineligible for federal financial aid, including loans, grants, scholarships, or work-study money. In most states, they are also not eligible for state financial aid. However, some states do grant eligibility for state financial aid to undocumented students who qualify for in-state tuition.

Proof of Citizenship

Some colleges may require applicants to submit proof of citizenship or legal residency and refuse admission to students without documentation. In many states, public institutions accept undocumented students but treat them as foreign students, making them ineligible for state aid and in-state tuition rates.

Sanctuary Campuses

Undocumented students are advised to consider "sanctuary campuses," which provide relief from the fear of authorities being notified of their immigration status. Sanctuary campuses also offer resources tailored to undocumented students' unique needs, such as tuition support, medical and health services, and distance learning options for deported students.

State-Specific Policies

Different states have different policies towards undocumented college students. While some states allow undocumented students to pay in-state tuition rates, others bar them from enrolling in public colleges altogether. It is essential for undocumented students to research the policies of specific colleges and states before applying.

Application Process

The college application process is generally the same for undocumented students as for any other student. They will need to meet the admission requirements regarding testing, grades, and high school classes. They may also be required to write a personal essay and obtain letters of recommendation.

Resources for Undocumented Students

Undocumented students can seek advice from high school teachers and counselors, who can guide them on their options for choosing a college and paying for their education. There are also organizations and nonprofits offering college access programs specifically for undocumented students, providing guidance on admissions, financial aid, and scholarships.

Undocumented students are ineligible for federal financial aid

In the United States, undocumented students are not eligible for federal financial aid, including grants and loans. This is because they are neither U.S. citizens nor eligible noncitizens. However, they can attend college and are protected by federal law to enrol in public schools from kindergarten through 12th grade.

Undocumented students can face financial and legal barriers when pursuing higher education. They are limited to private scholarships, grants, and institutional or state-level aid. Additionally, some states have implemented policies, such as California's Dream Act, that allow undocumented students to qualify for in-state tuition rates or offer state-funded financial aid programs. Some private scholarships and institutional aid opportunities are designated for undocumented students.

Undocumented students must carefully consider several factors when planning for college. They should research the policies of different colleges and states, as some schools may reject applications from undocumented immigrants, and some states disqualify them from paying in-state tuition rates. Sanctuary campuses, which offer protection from immigration authorities and tailored resources, can be a good option for undocumented students.

Overall, while undocumented students are ineligible for federal financial aid, they can still pursue higher education with careful planning and by taking advantage of state-level aid, private scholarships, and sanctuary campuses.

DACA-eligible students are in decline

In 2024, there were approximately 408,000 undocumented students enrolled in U.S. institutions of higher education, comprising 1.9% of all college students in the country. While the number of undocumented students has remained stable since 2021, the percentage of those who are DACA-eligible has continued to decline. This is due to ongoing legal challenges to the program, as well as the 2007 arrival cutoff, which prevents new applicants from qualifying.

In 2021, there were 141,000 DACA-eligible students enrolled in higher education, making up 0.7% of all college students. This number dropped to 119,000 in 2022, accounting for approximately 0.65% of all college students. The decline in DACA-eligible students can be attributed to the program's limited eligibility criteria, which exclude individuals who arrived in the U.S. after 2007. As a result, many young people who would otherwise be of college age are unable to access the program.

The decline in DACA-eligible students has significant implications for the workforce, as these students are essential contributors to filling critical workforce gaps in healthcare, education, STEM fields, and other sectors. They also make significant economic contributions, with households led by undocumented individuals contributing $30.8 billion in total taxes in 2021.

Increasing access to higher education for undocumented students would have wide-ranging benefits, including higher student achievement, reduced high school dropout rates, and increased earning potential. It is important for Congress to act and provide a pathway to citizenship for these students, allowing them to work and study without fear of deportation.

Different states have different policies towards undocumented students

Different states have different policies toward undocumented students. While no federal law prevents U.S. colleges from admitting undocumented students, a few states have restricted these students from attending public colleges and universities. In most cases, colleges set their own rules on admitting undocumented students.

Some states have implemented policies that allow undocumented students to qualify for in-state tuition rates or offer state-funded financial aid programs. For example, Arizona lawmakers passed a measure that would allow students without a documented status to pay in-state tuition rates at public universities and community colleges. As of 2024, 25 states and Washington, D.C. provide in-state tuition to undocumented students, with 19 of those states and Washington, D.C. also providing access to state financial aid.

On the other hand, some states bar undocumented students from paying in-state tuition rates, making it more difficult to afford schooling. Two states, Alabama and South Carolina, currently bar undocumented students from enrolling in public colleges altogether.

In addition, undocumented students are unable to access federal financial aid, which can be a significant barrier to pursuing higher education. However, they can receive financial assistance through private scholarships, grants, and institutional or state-level aid.

Sanctuary campuses provide relief from anti-immigration policies

Sanctuary campuses, also known as "sanctuary schools", are institutions of higher learning that have adopted policies to protect undocumented students and provide them with relief from anti-immigration policies. While there is no universal definition of a sanctuary policy, these campuses generally aim to reduce the anxieties that undocumented students may experience at other institutions. Sanctuary campuses achieve this by:

• Not allowing ICE officers on campus without warrants
• Preventing campus police from enforcing immigration law
• Refusing to share students' immigration status with authorities

Additionally, sanctuary campuses may offer resources specifically tailored to the needs of undocumented students, such as tuition support, medical and health services, and distance learning options for deported students.

The concept of sanctuary campuses is modelled on the idea of sanctuary cities, where local law enforcement and communities with significant immigrant populations work together to foster trust and cooperation, regardless of immigration status. Sanctuary policies are based on the idea that federal immigration enforcement is the sole responsibility of the federal government, and that state and local officials are not required to actively participate in immigration enforcement.

It is important to note that sanctuary campuses do not prevent the deportation of undocumented students, nor do they shield them from prosecution for criminal activities. Sanctuary campuses primarily aim to create a more welcoming and supportive environment for undocumented students by reducing their fears of interaction with authorities.

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