Savanna Hoffman
In the United States, undocumented students face unique challenges and obstacles when pursuing higher education. While there are no federal or state laws prohibiting their admission to colleges, institutional policies vary, and some may require proof of citizenship or legal residency. Despite these challenges, over 400,000 undocumented students were enrolled in U.S. colleges and universities in 2021, highlighting their vital role in addressing workforce gaps and contributing to the country's future and economic competitiveness. This raises the question: do universities have an obligation to report the immigration status of their undocumented students? Understanding the rights and protections available to undocumented students is crucial in ensuring their access to education and safeguarding their future prospects.
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What You'll Learn
- Immigration status reporting: The Department of Homeland Security doesn't require reporting
- Financial aid: Undocumented students don't qualify for federal aid but may get state aid and scholarships
- College admissions: No federal or state law prohibits the admission of undocumented immigrants to U.S. colleges
- Campus access: ICE can enter public campus areas without a warrant but needs consent for non-public spaces
- DACA recipients: Some states restrict in-state tuition to DACA recipients, while others provide access to tuition and aid
Immigration status reporting: The Department of Homeland Security doesn't require reporting
Undocumented students face unique challenges when applying to college in the United States. They may assume that their immigration status prohibits them from attending college, but this is not the case. There is no federal or state law that prevents the admission of undocumented immigrants to U.S. colleges, and federal or state laws do not require students to prove citizenship to enter U.S. institutions of higher education. However, institutional policies on admitting undocumented students vary, and some may require applicants to submit proof of citizenship or legal residency.
The Family Educational Rights and Privacy Act (FERPA) protects students' privacy regarding their immigration status. Generally, school officials cannot share a student's file with immigration agents without consent. However, there are exceptions, such as monitoring students studying in the U.S. on a student visa. While Immigration and Customs Enforcement (ICE) may enter public areas of a campus without a warrant, they cannot request a list of all undocumented students enrolled. The Department of Homeland Security does not require colleges to determine or report students' immigration status, except in the case of international students with a student visa.
Undocumented students should research colleges before applying to find those that support undocumented students through scholarships, resources, and services. While undocumented students are not eligible for federal financial aid, some states offer state financial aid, and certain colleges provide merit-based scholarships regardless of immigration status. Counselors can guide undocumented students by staying updated on state laws and sharing information about scholarships available specifically for this student population.
Expanding access to higher education for undocumented students offers benefits such as higher student achievement, reduced high school dropout rates, increased earning potential, and contributions to addressing workforce gaps. Colleges and universities play a crucial role in providing opportunities for undocumented students to pursue their academic and career goals, thereby positively impacting the country's future and economic competitiveness.
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Financial aid: Undocumented students don't qualify for federal aid but may get state aid and scholarships
While undocumented students don't have to prove citizenship to attend college in the U.S., they are not eligible for federal financial aid. This includes loans, grants, scholarships, or work-study money. However, in some states, undocumented students may qualify for state financial aid and scholarships.
State laws and institutional policies on admitting and providing financial aid to undocumented students vary. Some states have passed laws that permit undocumented students to pay in-state tuition rates under certain conditions. For example, Virginia offers the Virginia Alternative State Aid application to determine eligibility for state need-based financial assistance for students who are ineligible to complete the FAFSA, including undocumented students. Similarly, in Maryland, undocumented students can apply for state awards like the Maryland Community College Promise Scholarship and the Howard P. Rawlings Guaranteed Access Grant, which awards up to $18,000. As of March 3, 2025, Washington, D.C., and 24 states have policies that provide access to in-state tuition and some state aid or scholarships for undocumented students. However, it's important to note that Florida, which was originally on this list, will no longer offer in-state tuition to undocumented students beginning July 1, 2025.
On the other hand, nine states actively block access to in-state tuition for undocumented students, and three of these states prohibit their enrollment in all or some public colleges. Additionally, some colleges may require applicants to submit proof of citizenship or legal residency and refuse admission to undocumented students. In many states, public institutions accept undocumented students but treat them as foreign students, making them ineligible for state aid and resident tuition rates.
Despite these challenges, there are still opportunities for undocumented students to pursue higher education. Many colleges offer scholarships, support services, and resources specifically for undocumented students. For example, George Washington University in Washington, D.C., offers merit scholarships ranging from $5,000 to $30,000 per academic year to qualified applicants, regardless of their immigration or citizenship status. Counselors and college financial aid offices can provide valuable guidance on financial aid options for undocumented students.
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College admissions: No federal or state law prohibits the admission of undocumented immigrants to U.S. colleges
There is no federal or state law that prohibits the admission of undocumented immigrants to U.S. colleges, public or private. However, institutional policies on admitting undocumented students vary. 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 lower tuition rates for state residents.
Undocumented students are not eligible for federal financial aid, including loans, grants, scholarships, or work-study programs. They are also ineligible for state financial aid in most states. However, 19 states and Washington, D.C., do offer state financial aid to undocumented students. Additionally, some private scholarship funds and foundations do not require applicants to be U.S. citizens or legal residents.
Undocumented students should be aware of their rights and the potential risks of interacting with college authorities. While high school teachers and staff are legally prohibited from asking about a student's immigration status, this protection does not always extend to colleges. Immigration and Customs Enforcement (ICE) can conduct raids at public campus spaces, and while they cannot enter non-public spaces without a warrant, they may still access public areas without one. School officials generally cannot share a student's file with immigration agents due to FERPA protections, but there are exceptions, such as monitoring students on student visas.
Undocumented students should research colleges before applying to find schools that support undocumented students through special scholarships, campus resources, and other services. They should also be aware of their rights, such as the right to withhold consent if ICE arrives with an administrative warrant, which is not signed by a judge and does not authorize officers to enter private spaces.
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Campus access: ICE can enter public campus areas without a warrant but needs consent for non-public spaces
While there is no federal or state law prohibiting the admission of undocumented immigrants to U.S. colleges, Immigration and Customs Enforcement (ICE) can enter public campus areas without a warrant. However, ICE agents need consent or a judicial warrant to enter non-public spaces.
ICE may arrive with an administrative warrant for the arrest of a noncitizen, but this does not authorise them to enter private spaces. Students have the personal choice of whether to grant consent to enter their residence. If an immigration officer has a criminal search or arrest warrant, they do not need consent to enter or arrest an individual named in the warrant.
Universities should prepare for ICE enforcement by determining which areas are considered private and developing an ICE response plan. For example, if a university requires visitors to pass through security at all entrances, any area within the university is likely private. In the case of an ICE visit, staff should alert their co-workers immediately and aim not to obstruct lawful ICE enforcement activity.
Schools have the right and responsibility to protect their students under the U.S. Constitution and federal and state law. They should not ask or collect information about a student's immigration status and are obligated to protect what information they keep on record.
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DACA recipients: Some states restrict in-state tuition to DACA recipients, while others provide access to tuition and aid
While there is no federal or state law prohibiting the admission of undocumented immigrants to U.S. colleges, institutional policies on admitting undocumented students vary. Some colleges may require applicants to submit proof of citizenship or legal residency and deny 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 lower tuition rates for state residents.
Some states have passed laws that allow undocumented students to pay in-state tuition rates under certain conditions. However, four states restrict in-state tuition eligibility to DACA recipients only, and nine states actively block access to in-state tuition for undocumented students, including three states that prohibit them from enrolling in all or some public colleges.
Policies vary, with some states providing statewide access to in-state tuition and some state financial aid or scholarships for DACA recipients and undocumented students. For example, Senate Bill 347 in Nevada grants in-state tuition and state financial aid to undocumented students who graduated from a high school in the state, regardless of whether they are bona fide residents. Similarly, Washington offers in-state tuition to undocumented students who meet specific requirements, such as completing a full senior year of high school in the state and living there for at least three years.
On the other hand, Florida has proposed eliminating in-state college tuition for undocumented and DACA students, while Alabama and South Carolina actively block undocumented students who do not hold DACA from enrolling in public colleges and universities.
It is important to note that undocumented students are not eligible for federal financial aid, and most states do not provide state financial aid. However, 19 states and Washington, D.C., offer state financial aid to undocumented students.
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Frequently asked questions
No, the Department of Homeland Security does not require colleges to determine or report a student's immigration status. However, if a student came on an international student visa, the school must report the termination of their academic status.
Yes, there is no federal or state law prohibiting the admission of undocumented immigrants to US colleges. However, institutional policies vary, and some may require applicants to submit proof of citizenship or legal residency.
Undocumented students cannot receive federal financial aid. However, 19 states and Washington, D.C., offer state financial aid to undocumented students. Additionally, some colleges offer scholarships specifically for undocumented students.
