Education is a right for all people, regardless of their status. In 1982, the U.S. Supreme Court ruled in Plyler v. Doe that public schools are prohibited from denying immigrant students access to a public K-12 education. Public schools and school personnel are also prohibited from adopting policies or taking actions that deny students access to education based on their immigration status.

On March 7, 2017 the School Board of Broward County, FL adopted Resolution No. 17-98 designating the School Board of Broward County, FL as an inclusive, safe and welcoming district ensuring a protected space and environment for all students regardless of immigration status, religion, or country of origin to learn and thrive.

Your Role as a Trusted Ally

To your undocumented students you are more than a counselor or social worker; you are their ally. You are instrumental in helping them reach their educational goals.

As a first step towards developing your students’ trust, we recommend using care and discretion in your communication. For example, instead of using the term “illegal immigrant,” simply say “undocumented.” No human being is illegal and use of the term is both dehumanizing and humiliating. Encourage your colleagues and the student body in general to adopt this language, too.

It is also important to remember that confidentiality is key. When undocumented students come out to you about their immigration status, understand they are putting a great deal of trust in you. While you cannot legally ask students about their status, you can reassure them your office is an open and safe space to talk and anything they share with you will remain private.

When students reveal their status to you, listen to them but do not offer legal advice. Doing so can put your career and your student at risk. Instead, focus on creating a plan to help your student get into college.

The process of pursuing higher education can be frustrating for undocumented students, but it can be done.

Understanding Undocumented Students

An undocumented student is a foreign national who entered the U.S.:

Without inspection or with fraudulent documents.
As a nonimmigrant, but overstayed the length of his/her visa. Most undocumented students, though they may have grown up in the U.S. and may think of the country as their home, have no legal path to citizenship. Some undocumented students may not even have known about their immigration status until they began the college application process.

College-bound undocumented students:

Do not qualify for federal aid, even if their parents pay taxes.
May not qualify for state-based financial aid. Federal law allows states to choose whether to extend financial aid to undocumented students. To date, only five states have chosen to do so: California, Minnesota, New Mexico, Texas, and Washington.
In some cases are not able to work legally in the U.S. to fund their education. DACA recipients, however, can apply for two-year renewable work permits.
May not be eligible for paid internships or fellowships. Again, DACA recipients can apply for two-year renewable work permits.
Should not pursue career paths that will require licensing or background checks.

Working with Undocumented Students

Keep an open mind & an open office. Set your students at ease by signaling your openness to discuss immigration status. Put up inspirational posters and publications catered towards undocumented students and their access to higher education in the U.S. Do not interrogate students about their status or assume students are undocumented; instead, be patient and wait for students to confide in you.
Be Inclusive Include information for undocumented students in all presentations and publications rather than creating separate materials for them. Otherwise, undocumented students may feel isolated and demoralized. Make it known you are trained to work with different types of students, including the undocumented.

Know what you’re talking about. Be knowledgeable about specific government and college admission policies affecting undocumented students across the country. Speak with undocumented students who have already been through the college application process and ask them for advice on how to help students in their situation.
Research private scholarships. Make a list of private sponsors and scholarships that do not require applicants to be citizens or permanent residents of the U.S. If you know of any local scholarships in your school or community, encourage those managing the scholarship to allow undocumented students to apply, too.
Help your students build lasting networks. Encourage undocumented students to form support networks to lean on during the college application process and after. Support networks may be composed of other undocumented students, older undocumented students who can serve as role models, and mentors to whom students can turn to for advice.
Be supportive & encouraging. It is perfectly fine to let students know about the challenges they may face because of their immigration status; nevertheless, reassure them these challenges can be overcome. Remind them thousands of undocumented students have successfully pursued a college education.
Don’t transfer your fears. It is your responsibility to create a safe environment for your students, while giving them the freedom to choose how to handle their personal affairs. If one of your students chooses to come out as undocumented, don’t tell him or her to stop talking about his status in public.
Be an advocate for your students. Support the federal DREAM Act and other state-based legislation that work to improve the situation for undocumented youth across the U.S. Within your school, take the lead on initiatives to help undocumented students by, for example, creating an in-house scholarship for college or starting a club to fight for immigrant rights.

Talking to Undocumented Students about Sensitive Subjects

What NOT to Say	What to Say
“Going to college isn’t really an option for you.”	Applying to and enrolling in college will be challenging, but it IS possible. Thousands of other talented, hard-working undocumented students have already graduated from college.
“You’re not going to be able to get any money for college.”	You are not eligible to receive federal financial aid; you may be eligible for in-state tuition as well as private scholarships that will ease your financial burden as you pursue a college degree.
“Why don’t you just legalize?”	Have you spoken with an immigration attorney to find out if you can legalize? There may be immigration remedies you and your family are not currently aware of.
“Even if you get a college degree, you’re never going to be able to work legally.”	Although a college degree will not change your immigration status, it will open up many opportunities for you once you legalize or obtain a work permit. In addition, a college degree may even open up opportunities for you abroad if you should choose to leave the country.
“Why don’t you go back home and get a degree?”	If you have family and connections in another country, you may consider pursuing educational opportunities outside the United States. Remember, however, this would mean being separated from your family and friends in the U.S. and you may be barred from returning to the U.S. for 10 years.
“In order to apply to college, you’re going to have to reveal everything.”	When applying to college, you may find it helpful to be honest about your immigration status. Though this may be scary to you and your family, rest assured that under the Family Educational Rights and Privacy Act (FERPA), colleges and universities are prohibited from sharing your personal information. Also remember when filling out applications it is against the law to lie about your immigration status, or use a SSN or ITIN that is not your own.

The Importance of Involving Family

It is important to keep parents of undocumented students in the loop about their child’s plans for college.

Parents of undocumented students may not fully understand what is involved in the college application process and may be fearful going to college will put their child’s safety at risk. Schedule meetings with parents of undocumented students and remind them that your office is a safe and open space where everything discussed will remain private.

Try reassuring parents by explaining the Family Educational Rights and Privacy Act (FERPA), which protects a student’s privacy and prohibits colleges and universities from sharing information they gather with other organizations like the Department of Homeland Security (DHS).

Make it known to parents that thousands of undocumented students have successfully pursued college degrees in the U.S, and many of them were awarded private scholarships or financial aid to help them achieve their educational goals.

Connect undocumented students and their families to additional community support services, such as local organizations or other undocumented students who are either in or have already graduated from college.

Facts about DACA

Deferred Action for Childhood Arrivals (DACA) is an immigration option for undocumented immigrants who came to the United States before the age of 16. Although DACA does not provide a pathway to lawful permanent residence, it does provide temporary protection from deportation, work authorization, and the ability to apply for a social security number.

DACA Eligibility

►Were under the age of 31 as of June 15, 2012;

►Came to the United States before reaching your 16th birthday;

►Have continuously resided in the United States since June 15, 2007, up to the present time;

►Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

►Had no lawful status on June 15, 2012;

►Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

►Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Students with DACA Status: Filling Out the FAFSA

If you have DACA status, you can complete the FAFSA, but you need to get a social security number first. DACA students can be eligible for social security. The Enumeration Beyond Entry (EBE) program allows you to apply for Employment Authorization and Social Security at the same time. For more information about DACA and social security, download this useful PDF from the Social Security Administration:

EN-05-10009.pdf Download EN-05-10009.pdf

https://understandingfafsa.org/undocumented-students/Links to an external site.

https://www.uscis.gov/DACALinks to an external site.

Links to an external site.Includes initial eligibility requirements used for some scholarships

As of December 2024, while someone can technically submit a new DACA application, the current court order prevents USCIS from processing or approving any initial DACA requests, meaning new applicants cannot currently receive DACA status; however, individuals who previously had DACA can still renew their status by filing a renewal application

The FAFSA & Applications for Financial Aid

The Free Application for Federal Student Aid (FAFSA) is used by most colleges and universities in the U.S. to determine a student’s eligibility for federal, state, and college-sponsored financial aid programs. Undocumented students do not qualify for federally funded scholarships and grants. Undocumented students include DACA recipients and Dreamers.

If you are working with an undocumented student, make sure he/she DOES NOT:

Submit a FAFSA form to the government.
Provide any false information on applications for college, university, or financial aid.

What determines eligibility for state and federal financial aid programs is the immigration status of the student, and NOT that of his or her parents. Therefore, if a student is a U.S. citizen or permanent legal resident but one of more of his or her parents is undocumented, the student is eligible for federal student aid.

Undocumented parents should use 000-00-0000 as their SSN on the FAFSA. The FAFSA will be rejected if parents submit an ITIN.
Undocumented parents cannot request a PIN number to sign the FAFSA electronically. They must print the application, sign it, and send it by mail.

Remember:

College and university applications will never require students to provide a SSN; it is optional.
A SSN is required to complete the FAFSA.
It is against the law for people to use a SSN that is not their own or is false. Be aware some private scholarships may ask students to submit a FAFSA to prove financial need. Private scholarships ask this because the FAFSA may be their only method of measuring financial aid. In this situation, tell your student to print out the application and send it to the private scholarship directly; he or she SHOULD NOT send a copy to the government. In general, advise your student to consult an admissions officer from the college or university he or she is applying to for advice before submitting any documentation.

A couple of questions to take into consideration:

*Does applying for an Individual Taxpayer Identification Number (ITIN) make a student less safe?

ITINS are issued by the IRS to individuals who do not qualify for a Social Security Number (SSN), such as undocumented immigrants and foreign investors. The IRS does not share the information they gather with the Department of Homeland Security. Therefore, applying for an ITIN will not compromise a student’s safety.

Note: DACA recipients may be eligible to apply for a SSN. For more information, visit: www.socialsecurity.gov/pubs/deferred_action.pdf.

*Does a student need to come out as undocumented in order to be eligible for resources available to undocumented youth?

No, students do not need to reveal their immigration status to access resources catered towards undocumented youths.

*What if a financial aid/admissions advisor asks my student to fill out the FAFSA?

If a financial aid/admissions advisor asks your student to fill out the FAFSA and he/she does not have a social security number, he/she can fill it out but SHOULD NOT send it to the government. Remember, undocumented students do not qualify for federal aid and submitting FAFSA forms with false information is against the law.

Private Scholarships

Many private scholarships are available to undocumented students. These scholarships tend to be highly competitive. It is important students maintain high grades and participate in extra-curricular activities while in high school so they can distinguish themselves from other applicants when applying for scholarships.

Private Colleges and Universities

Many private schools are able to provide need-based scholarships and financial aid to students, irrespective of their immigration status. In contrast, public colleges and universities, for the most part, can only provide merit-based scholarships to undocumented students who must compete for the scholarships with the rest of the student body on the basis of their academic achievements and talents.

Tell your students to ask the colleges where they are applying if they offer private scholarships and what the requirements for eligibility are.

Students could even ask about what resources are available to undocumented applicants. Help your student research different community centers, churches, and local schools to find out if they offer scholarships. Remind students to apply to as many scholarships as possible, no matter how much (or little) the financial award, because scholarship money adds up quickly!

Financial Aid Options

Questions to Ask Admissions Officers & Financial Aid Advisors

Type of Aid.jpg

Scholarship Applications:

You can also refer the students to the Resources for the Post-Secondary Success of Immigrant Students course: https://browardschools.instructure.com/courses/1090245

Tips for Students

List your accomplishments

Before you start, make a list of your accomplishments you can refer to as clear, concrete examples of your strengths in your essays.

Research the scholarship

Research the individual or institution offering the scholarship to find out what they look for in applicants. Clearly articulate these qualities in your essays to show you are an ideal and deserving candidate.

Get to the point!

Answer questions clearly and directly. Adhere to the word and page limits. You may choose to mention your immigration status and the obstacles you had to overcome because of it or explain you are ineligible for federal aid for higher education.

Comb through and edit

Proofread your essays: spelling mistakes and bad grammar are unacceptable. Ask at least two people to read through your work before sending it in.

Prepare for interviews

Many private scholarships require face-to-face interviews with their applicants. It is a good idea to start practicing public speaking and interview techniques.

Find an advocate to help you

Many scholarships require letters of recommendation for teachers or counselors. Make sure whomever you ask knows you well and understands your immigration situation.

Is there an appeal process?

If you are awarded a scholarship but the award money is not enough to cover your costs, be aware some scholarships have an appeal process in which you may receive additional aid under special circumstances.

In-State Tuition Policy

On June 9, 2014, Governor Rick Scott signed HB 851 into law. The bill grants undocumented students out-of-state fee waivers if they meet the following criteria:

Attended a Florida secondary school for 3 consecutive years immediately before graduating from a Florida high school
Applied for enrollment in an institution of higher education within 24 months after high school graduation
Submitted an official Florida high school transcript as evidence of attendance and graduation

A student granted an out-of-state fee waiver is still considered a non-resident student, is not eligible for financial aid, and cannot be reported as a resident for tuition purposes. In addition, this bill also states that a dependent child who is a U.S. citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of his/her parent.

Speaking with Admissions:

Speaking directly with an admissions officer or financial aid advisor will be extremely valuable. When calling an admissions or financial aid office, ask if there is a member of staff who specializes in working with undocumented students.

Listed below are some questions you may want to ask:

Admissions:

How should an undocumented student respond to the citizenship question on your application? Should an undocumented student leave the SSN field blank or enter zeros?
Can students leave fields blank on your online application or will they need to submit a paper application?

Financial Aid:

Are undocumented students eligible for any institutional financial aid? If so, are there any additional forms they need to complete?
Do you offer fee or tuition waivers and if so how may students apply for them?
How can students qualify for in-state tuition?

Scholarships:

Do you offer institutional scholarships for undocumented students? How about private scholarships?
What qualifications are needed to apply to these scholarships? Should students submit any additional forms?
If a student is awarded a scholarship, what must he/she do to keep it? Will he/she lose the scholarship as a result of poor grades?
Are these scholarships valid for the entire duration a student is enrolled at your school? What if a student takes longer than four years to graduate? Do you have any scholarships for transfer students?

Programs of Study:

Are there any majors that are unavailable to undocumented students because of their immigration status?
Does applying to this school/major require a background check?
After graduation, can undocumented students work with this type of degree? Or would they need to get a background check, certificate, or state licensure that they would be ineligible for because of their immigration status?

Further Alternatives for Funding

Many undocumented students get creative when searching for alternative ways to pay for college. Here are some examples of what students do to ease their financial burden:

Crowdfunding:

Online crowdfunding websites are useful for targeting a large number of people at one time. Most websites allow people to post a short story about themselves and their funding mission to persuade others to support their cause. Students can post a personalized crowdfunding link to their Facebook page, Twitter, and other social media platforms they may use to connect with their friends and family.

Donation Letters:

Students could draft a donation letter asking family, friends, and local businesses to support them financially and help them achieve their educational goals. Students should specify why they are pursuing higher education, what they hope to do with their education, and outline the financial struggles they foresee as they work towards their degree.

Private loans:

Some banks offer private loans to undocumented immigrants. However, these banks typically require qualified undocumented borrowers to have a credit-worthy U.S. citizen or permanent resident co-sign the loan. Students and their families should be aware loans usually come with high interest rates.

Helping Our Students and Families Understand Their Rights

Many times students and parents will ask us for information about what they can do and what their rights are. We do not offer legal advice. We can provide them with direction to the resources available to them in the community and online. Below is information available from www.aclu.org providing some basic ‘Know Your Rights’ information for all immigrants:

You have the right to remain silent and you can refuse to speak to an immigration officer
You should carry a “know your rights” type of card available at www.ilrc.org and at www.aclu.org and show that to immigration
You should not open the door for unknown parties or law enforcement or Immigration and Customs Enforcement (ICE)

Most federal agents do not carry a warrant
If you are unclear as to who is at the door, ask for warrant and if they don’t have warrant, you do not have to let them in
Do not be duped into opening the door simply because the agent is looking for someone who does not reside at the address or if the agent asks you to come outside

You have a right to lawyer and you should ask to only speak to your lawyer
You should not sign anything given to you by an immigration officer, without speaking to an attorney
You should always carry any valid immigration documentation for US, if you have lawful status such as a student visa, or a green card
You should not carry foreign documentation unless that is your only form of identification:

If individual’s only form of ID is foreign documentation, individual needs to speak to attorney to weigh pros/cons of carrying sole form of ID vs. not carrying anything and this is case specific
As an immigrant, you should:
- Create a safety plan and keep immigration documents together. ilrc.org has a good example of a form available in both English and Spanish that can be used for this purpose
- Report and document raids and arrests

What To Do If Your Student Has A Problem Trying to Access Higher Education?

Contact a community organization near you if a student you know runs into any difficulties regarding his or her immigration status while trying to access higher education in the United States.

Some of the difficulties he or she may encounter include:

A college or university does not allow undocumented students to apply to their institution
A public college or university in Florida will not extend in-state tuition rates to undocumented students
Being taken into custody or put into deportation proceedings.

If you know of an undocumented student who has been taken into custody or is in deportation proceedings or is in urgent need of help regarding their immigration status, have them use the list of community resources available in the 4-Fold Brochure.

Resources & Bibliography

Resource Guides:

From the US Department of Education:

https://www2.ed.gov/about/overview/focus/supporting-undocumented-youth.pdf

Tools and resources to help protect and prepare youth and families in case of an immigration and customs enforcement (ice) raid:

http://www.aft.org/sites/default/files/im_uac-educators-guide_2016.pdf

How to support college-bound undocumented students: Advice for Parents

http://e4fc.org/images/E4FC_ParentGuide.pdf

Excellent Guide from Illinois:

http://www.icirr.org/content/documents/counselor_guide_2016_update.pdf

Guide from Harvard:

file:///Users/p00035917/Downloads/Documenting-the-Pathway-to-College-10-30.pdf