The Dream Team

C. Duffy
J. McLaughlin
H. Yarborough
After this presentation, you will be able to:

● Understand what DACA is and how it is represented in the news

● Describe the guidelines for becoming DACAmented
● Understand undocumented students’ precollege contexts and the barriers they face
● Compare and discuss scenarios of undocumented immigrants
● Identify strategies student affairs professionals can implement to support undocumented
students
Introduction
Historical Context

● Plyler v. Doe (1982)- guarantees undocumented students the right to k-12 public
education in the US
● The earliest DREAM Act was proposed in 2001
● Latest version has been proposed and failed in the Senate every year from 2009-
2012 despite bipartisan support
● Obama signed DACA into executive action in 2012
● Trump has given Congress 6 months to come up with a permanent resolution to
DACA
(Sahay, Thatcher, Nunez, & Lightfoot, 2016)
 What is DACA?
● Department of Homeland Security
(DHS) policy enacted by the Obama
Administration on June 15, 2012.
● Allows for certain undocumented
individuals to be eligible to have their
deportation delayed and to have a
valid work permit.
● NOT a path to citizenship.
● NOT permanent residency.

(Department of Homeland Security, n.d.).

Guidelines for DACA

● Arrived in U.S. before the age of 16.

● Under the age of 31 on June 15, 2012 (i.e. born on June 16, 1981 or after).
● Physically present in U.S. on June 15, 2012.
● Resided in U.S. for at least 5 years continuously (i.e. without leaving U.S.) since June
15, 2007.
● Enrolled in or have graduated from school.
● No convictions, significant misdemeanor, or 3 or more misdemeanors, and do not pose
a threat to national security or public safety.
● Individuals must submit to a biometric and background check.
● Pay $465 in fees and for each renewal.
● Valid for 2 years (renewal not guaranteed).

(Department of Homeland Security, n.d.)

Personal Account from a student in NC

● 19 year old, male, DACA recipient, and recent high school graduate

“Even after the hard work, the countless nights staying up and writing, reading, studying, and
multiplying, I find the doors of higher education closed to me because I don’t have residency status
and am not eligible for federal aid. The state pays for my primary education, but all of that goes to
waste after 12th grade. It’s a waste of your tax money to only educate me up to a high school level. It’s
a waste of my time to pore over books and worksheets for years and not be able to attend the college I
want to go to because I can’t pay for it because I was not born here.” (Sahay, Thatcher, Nunez, &
Lightfoot, 2016, p. 46)
 Undocumented Immigrant
● An undocumented immigrant is a person who is from another country that
lives in the U.S. without lawful status granted by federal authorities.

● Stayed beyond visa expiration date and fell out of status.

● Entered the U.S. without inspection at a border or port of entry.

● Some immigrants have DACA, providing them with temporary lawful

presence.

(U.S. Legal, n.d.)

Reasons to immigrate include:

•Escape poverty

•Seek better living conditions

•High presence of violence in home countries

•Escape domestic violence

•Reunite with family

•Wars

•Study in the U.S.

Legal Considerations
● Undocumented immigrants do have legal rights when residing in the US.
Undocumented Student’s Legal and
Policy Constraints

● The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

● The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).

● “These statutes do not prevent institutions from enrolling or admitting an undocumented

immigrant student” (Ruge & Iza, 2005, p. 263).

● Federal policies restrict undocumented students from accessing most financial aid

resources.
 Group Activity
Purpose: To review your perceptions about the undocumented and to “step into their shoes”

•Gather in small groups

•Share your thoughts and feelings with your group about the assigned scenario:
–What would you do?
–How would you feel?
Political & Legal Context
DACA In the News
● Inside Higher Ed-administrators should understand DACA student struggles and take
action
● CNN article- US Immigration: Dreamers and DACA explained- DACA information may
be given to ICE
● Fox News-What is DACA and why is Trump ending it?- blame Obama administration
for abusing power and overstepping immigration laws
● All are positive and hopeful for Congress to come up with a legislative fix
Ethical Considerations
❖ Political Decision
❖ Lying as a daily survival strategy to stay in
❖ the shadows
❖ Leads to trauma and hopelessness
❖ Application fee of $465
❖ Makes Economic Sense

“Cruel, gratuitous and devastating.”

“Dreamers are Americans in every way, they played by
the rules. They pay taxes. And they’ve earned the right to
stay in the only home they ever known.” (Attorney
General, Eric Schneiderman, 2017)
Implications for Student Affairs

● Understand precollege contexts of undocumented students.

● Admissions counselors should understand what standards are for undocumented
students as well as funding options.
● Reimagine family weekend and the importance of family in undocumented students
homes.
● UCLA Migrant Student Leadership Institute.
● IDEAS Movement across California Campuses.(Improving Dreams Education Access
Success)
● Sanctuary campus.
With DACA Without DACA

● Deportation reprieve
•Fear of Deportation (Self* or family members)
•Not eligible for federal financial aid programs and ● Work permit

federally funded programs or benefits ● Driver’s license

•No driver's license
● Social Security Card
•No SSN; limited in qualifying for anything that requires a
SSN* ● Higher Education

•Not eligible for the Affordable Care Act

•No work authorization, no paid internships & fellowships*
•Not eligible for some careers when licensure/background
checks are required
•Cannot travel when official ID is required*
•Not eligible to work in chosen profession after
graduation*
Closing Activity
 References

Department of Homeland Security (n.d.). Consideration of Deferred Action for Childhood Arrivals (DACA). Retrieved from
https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca.

Ruge, T. R., and Iza, A. D. “Higher education for undocumented students: the case for open admission and in-state tuition rates for
students without lawful immigration status.” Indiana International and Comparative Law Review, 2005, 15, 257–278.

Sahay, K.M. Thatcher ,K., C.,Nunez, & A. Lightfoot. (2016). “It’s Like We Are Legally, Illegal”: Latino/a Youth Emphasize Barriers to
Higher Education Using Photovoice. The High School Journal. P.45-65.

Schneiderman, E. (2017). Trump’s phaseout of DACA is facing legal challenges. Retrieved on November 23, 2017, form
http://www.latimes.com/politics/la-na-pol-daca-legal-20170905-story.html

U.S. Citizenship and Immigration Services. Immigration and Nationality Act. Washington, D.C.: U.S. Citizenship and Immigration
Services, 2008. Retrieved Mar. 15, 2009, from http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a
4cb816838a4.

U.S. Legal. (n.d). Undocumented immigrant law and legal definition. Retrieved on November 22, 2017, from
https://definitions.uslegal.com/i/illegal-immigrant/

https://www.chronicle.com/article/Trump-Will-End-DACA-in-6/241090

http://www.cnn.com/2017/09/04/politics/daca-dreamers-immigration-program/index.html