Undocumented Students’ Rights: Navigating Higher Education
Every year, thousands of undocumented students in the United States face immense challenges in their pursuit of higher education. These students, often referred to as Dreamers, are brought to the US as children by their parents and face significant barriers in accessing education due to their immigration status. Despite these challenges, many undocumented students are determined to overcome these hurdles and achieve their dreams. But what are the rights of undocumented students when it comes to higher education? In this article, we’ll explore the rights of undocumented students and provide some guidance on navigating higher education as an undocumented student.
Understanding Undocumented Students’ Rights
Before diving into the specifics of navigating higher education as an undocumented student, it’s important to first understand what rights undocumented students have in the US. First and foremost, undocumented students have the right to attend public K-12 schools. This right was established by the landmark Supreme Court case Plyler v. Doe in 1982, which ruled that denying education to undocumented students is a violation of the 14th Amendment’s guarantee of equal protection under the law.
However, when it comes to higher education, the rights of undocumented students can vary depending on the state they live in. As of 2021, 21 states have passed legislation that allows undocumented students to pay in-state tuition at public colleges and universities. This means that these students can pay the same tuition rates as their peers who are US citizens or permanent residents. On the other hand, some states have laws that require undocumented students to pay out-of-state tuition, which can be significantly more expensive.
Undocumented Students’ Rights under the Deferred Action for Childhood Arrivals (DACA) Program
In 2012, the Obama administration established the DACA program, which allows certain undocumented individuals who were brought to the US as children to work and study in the US without fear of deportation for a period of two years, subject to renewal. The DACA program has provided relief to thousands of undocumented students by allowing them to pursue higher education and careers in the US.
Under the DACA program, eligible undocumented students can apply for work permits and social security numbers, allowing them to legally work and study in the US. However, it’s important to note that the future of the DACA program has been uncertain, with the Trump administration attempting to end the program in 2017. As of 2021, the program is still in effect, but it’s always important for DACA recipients to stay informed and seek legal guidance if any changes to the program occur.
Challenges Faced by Undocumented Students in Higher Education
While undocumented students have the right to attend public universities and colleges, there are still many challenges that they face when navigating higher education. One of the biggest challenges is financial. Undocumented students are not eligible for federal financial aid, which means they must rely on private scholarships and institutional aid for their education. Additionally, because they are not authorized to work in the US without DACA or other work permits, they may face difficulty in finding part-time work to support themselves while in school.
Another major challenge is the fear of deportation. Undocumented students are often anxious about being discovered and facing deportation, which can significantly impact their mental health and hinder their academic success. The lack of legal protections and the fear of being separated from their families can also take a toll on the mental well-being of undocumented students.
Tips for Navigating Higher Education as an Undocumented Student
1. Know your rights and resources
The first step in navigating higher education as an undocumented student is to educate yourself about your legal rights and available resources. Familiarize yourself with your state’s laws regarding in-state tuition for undocumented students and research scholarship opportunities specifically for undocumented students.
Additionally, the National Immigration Law Center and United We Dream have numerous resources and information for undocumented students.
2. Connect with supportive communities
Finding a community of like-minded individuals can provide much-needed support and guidance during your higher education journey. Look for immigrant rights organizations or clubs on your campus that support undocumented students.
Additionally, online communities and networking groups are also a great way to connect with others who have gone through or are currently going through similar experiences.
3. Seek out academic and financial assistance
Undocumented students may face additional obstacles in securing academic and financial support. However, many universities have programs and resources specifically for undocumented students, including academic advising, tutoring, and career services. Don’t hesitate to reach out to these resources for help.
Additionally, there are many scholarships available for undocumented students, such as TheDream.US and Golden Door Scholars, that can provide financial support for higher education.
4. Don’t be afraid to ask for help
Navigating higher education, especially as an undocumented student, can be overwhelming and challenging at times. Don’t be afraid to seek help and ask for support when needed. Whether it’s from a trusted professor, an academic advisor, or a counselor, reaching out for assistance can make a significant difference in your academic journey.
Conclusion
Navigating higher education as an undocumented student comes with its own set of unique challenges. But by knowing your rights, seeking out resources and support, and staying determined to achieve your goals, you can overcome these challenges and thrive in your academic pursuits. Remember, you are not alone in this journey, and there is a community of undocumented students and allies ready to support you. Stay informed, stay determined, and never give up on your dreams.
