Access to Education Guide Eng1 LR

8/7/2019 Access to Education Guide Eng1 LR

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Access to Public Education GuideUn lock ing the K ey to Our Na t ion s Fu tu r

National Korean American Service and Education Consortium * www.nakaseKorean Resource Center * www.krc


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Unlocking the Key to Our Nations FutureAccess to Public Education Guide1

Investing in the education of young people is the key to Americas prosperity

Korean Resource Center (KRC)National Korean American Service & Education Consortium (NAKASEC)

May be copied for personal, noncommercial use2008 All other rights reserved

1DISCLAIMER: this material is composed of information of a general nature that does not constitute a professional

nor legal opinion. If you require specific advice, you should resort to a duly qualified professional. KRC or NAKASECwill not assume any responsibility for the information contained in this material.


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TABLE OF CONTENTS

INTRODUCTION

How immigrants students become undocumented .......5Rights of immigrants based on immigration status ... 7

Barriers undocumented immigrant students face ...... 8Who are undocumented immigrant students? .. 9

KINDERGARTEN TOGRADE12

Enrolling your child in school .10Right to K to 12 public education and related immigration laws...... 12Non-visa holding/undocumented immigrant studentsWhat schools can & cant doRecommendations for public schoolsLegal foreign students

POST-SECONDARYEDUCATION

California residency requirements ..... ..17Education rights for undocumented immigrant students ....... 18California in-state tuition (AB540) . 19Basic guidelines for undocumented immigrant students ..... 21Financial aid ... 23

PROPOSED FEDERAL&STATE LEGISLATION AND POLICIES...24THE BIG PICTURE

..................................................................................................27

APPENDIX

California non-resident tuition exemption request form (AB540 Form) ......28

SOURCES.....29


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INTRODUCTION

The prevailing public perception is that Asian American& Pacific Islander (AAPI) students excel in school andface few barriers. This model minority myth aboutAAPIs is misleading and results in policymakers focusingless attention on their needs.1 In particular,undocumented AAPI students are facing more difficultiesthan ever in exercising their right to public education and,for post-secondary students in California, in-state tuition.This problem is largely the case of a troubling increase inthe number of public schools as well as universities andcolleges denying undocumented immigrant students theireducational rights because of a misinterpretation of theexisting laws and often anti-immigrant sentiments.

(KRCs youth deliver DREAM Postcards to Xavier Becerras office in the

Summer of 2007)

Education is a chief determinant of ones success and quality of life. Census data shows that a high

school graduate will earn $1.2 million in a 40-year span, compared to $2.1 million for a person with a

Bachelors degree, and $2.5 million for a person with a Masters degree.2 Dropouts are more likely

to be unemployed, and for those who work, pay is low, advancement is limited, and health insurance

is less available.

States who contribute significantly to elementary and secondary schools also see net returns; from amarked decrease in income inequities and poverty rates to a reduction in crime rates.3 According to

research conducted by the University of California, Berkeleys Survey Research Center, every dollar

put into post-secondary education is expected to result in a net benefit of three dollars. For

example, education enables states to earn more tax revenue and spend less money on social services

and prisons due to reduced crime rates.4 Moreover, the failure to graduate results in tremendous

economic losses for states as well as individuals; in 2002-2003 alone, dropouts cost California $14

billion in lost wages.5

NAKASEC and its affiliates hold true to the belief that investing in the education of young people is

the key to our nations prosperity and that access should be provided to all. This guide was

produced in response to a growing number of cases that NAKASEC and its affiliates received of

students being denied admissions to public education institutions and in-state tuition. Intended to

help students, parents, and individuals who work and advocate for immigrant students, this guide

provides an overview of the U.S. education system, information about California state law as it

governs public education, and an in-depth analysis of current immigration laws that affect an

immigrant students educational rights.


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HOW IMMIGRANT STUDENTS BECOME UNDOCUMENTED

America is in the midst of a national crisis with immigration. Todays

immigration system is dysfunctional and unworkable with 12 millionundocumented immigrants working and living in the shadows;

millions more caught in the family immigration backlogs; employers

unable to fill the growing labor demands with the current workforce

alone; hundreds being deported daily; and thousands dying at the

borders in their pursuits of better lives.

While Americans were awakened to the immigration problem following the mass mobilizations of

immigrants in 2006, what is less widely known is the impact of the broken immigration system on

Korean Americans and AAPIs. Korean American and AAPI families are commonly a mix of U.S.citizens, lawful permanent residents, and non-immigrants who work, study and live in America. And

various segments of our community have been most directly impacted by the failures of the

immigration system.

Family sponsorship is the most common way Korean immigrants are admitted into the U.S. In

2004, 56% of Korean arrivals were sponsored by their families. Yet the current immigration

backlogs has meant that U.S. citizens and lawful permanent residents must wait years, sometimes

even decades, in order to reunite with family members in the U.S. Most recent reports indicate

upwards of 1.5 million AAPIs (including 77,000 Korean Americans) are caught in the family

immigration backlogs.6

For example, a U.S. citizen parent petitioning for an unmarried adult son ordaughter from Korea and China must wait approximately six years before s/he can immigrate to the

U.S. A U.S. citizen petitioning for a sibling from India must wait approximately 11 years before

s/he can immigrate to the U.S. If the sibling is from the Philippines, the wait is approximately 22

years. These backlogs, including the rise in naturalization backlogs, result in the lengthy separation

of family members and contribute largely to the growing population of undocumented

immigrants.7 In other words, many AAPI family members must choose between enduring the

agony of waiting indefinitely to be reunited with family members or becoming part of the growing

population of undocumented immigrants in the U.S. Most AAPIs become undocumented by

overstaying their visas.

Undocumented immigrant students generally enter the U.S. at a young age with their parents.

Knowing no other home but the U.S., they grow up speaking English and become fully integrated

into American society. With the exception of students who are denied admissions into K-12

educational institutions, most do not know they are undocumented until they begin looking for part-

time employment or file post-secondary admissions forms. In realizing that they lack


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documentation or any way of legalizing their status, immigrant students see the road to their futures

blocked before them.

Although federal and state laws clearly protect undocumented immigrant student access to public

education (from K to 12 to higher education), these cases of admissions denials will continue until

the immigration system is fixed. For this reason, public education access must be seen within the

larger perspective of immigration reform. Until Congress passes just, humane and workable

immigration reform laws enabling undocumented immigrant students to adjust their status, there will

be governmental agencies as well as individuals who will carry out harsh enforcement measures that

harm immigrant communities that include the criminalization of immigrants, raids at workplaces &

homes, and the denial of basic rights, including the right to drive or attend public schools.


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BARRIERS UNDOCUMENTED IMMIGRANT STUDENTS FACE

Undocumented immigrant students in California face an uncertain future with

one out of two unable to graduate from high school. Of those, less than halfwill go on to college and only fifteen percent will earn a degree.8 Why?

Denial of K-12 education: In spite of the landmarkSupreme Court decision in Plyler v. Doe, guaranteeing the rightto K-12 public education, many school systems in the countrydeny access to undocumented immigrant students as standardpractice, either due to misinterpretation of this law and/oranti-immigrant sentiments (For more information, see WhatSchools Can Do & Cannot Do on page 12).9

Denial of in-state tuition: Ten states includingCalifornia, Illinois, and New York have adopted lawspermitting qualified undocumented immigrant students toreceive in-state tuition. Unfortunately, a significant numberof these students forego higher education for financial reasonsbecause their high school counselors/teachers and parents arenot aware of such in-state tuition laws. Furthermore, publicinstitutions of higher learning have wrongly denied in-statetuition to hundreds, potentially thousands, of qualifyingstudents.

Denial of admission to post-secondary educational institutions: Undocumentedimmigrant students have been denied admissions to colleges and universities, because schoolsare interpreting federal law erroneously. For example, some California community colleges areexpanding application of federal law, which prohibits current traveler visa (B1 and B2) holdersfrom entering schools, to undocumented immigrant students who have expired visas. 10Recently, the North Carolina Community College System reversed its open-door policy thatallowed undocumented immigrant students to pursue college degrees. This was despite astatement from the Department Homeland Security (DHS) which states that it does not requireany school to determine a students status.11

Lack of financial resources: Due to limited economic opportunities, moreundocumented immigrant family members live in poverty. Students from low-incomehouseholds must juggle an extra job(s) in order to contribute to the family income and financetheir schooling. College-bound undocumented immigrant students have an additional hurdle

because they are ineligible to receive federal government aid, such as Pell grants and loans, orstate benefits such as Cal Grant awards.

Uncertain future: Many undocumented immigrant students struggle with understandablefeelings of hopelessness or depression because of the tremendous barriers they must overcometo realize their educational goals. For those able to graduate, they face the prospect of beingunable to work in the field of their study or choice. They also live in real fear of being detectedby immigration authorities and subsequently detained and deported to countries that are


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unfamiliar to them. These feelings may inhibit a student from excelling or even lead them todrop out of school.

WHO ARE UNDOCUMENTED IMMIGRANT STUDENTS?

Based on the 2008 report from the Department of Homeland Security (DHS), it is estimated

that there are about 12 million undocumented immigrants. There is, however, no official

national research data on how many undocumented immigrant students are in the U.S. The

Pew Hispanic Center, a nonpartisan research organization, estimates that there are 1.8

million undocumented immigrants under 18 years of age living in the U.S.12 It also reports

that 40% of those undocumented immigrant students live in California. 13 The following is

more information about undocumented immigrant students.

About 80,000 undocumented immigrants turn 18 years of age every year, but 16-20% drop out

from high school. As a result, roughly 65,000 undocumented immigrant students who have lived

in the U.S. five years or longer graduate from high school every year.14 In 2001, between 5,000

and 8,000 undocumented immigrant students in California graduated from high school.15

Approximately 1.5 million of the estimated 12 million undocumented immigrants living in the

U.S. are AAPIs.16 One out of five Korean Americans are undocumented.17

AAPI students make up 40-44% of the undocumented undergraduate population within the

University of California system, and between 55-60% of them are AB540 recipients. 18 KoreanAmerican undergraduate and graduate students make up over 50% of potentially

undocumented recipients of AB540 among all AAPI ethnic groups.19


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KINDERGARTEN TO GRADE 12

Children regardless of their immigration status have the right

to public education with limited exceptions.

Enrolling Your Child in School

The United States has compulsory school attendance laws. All children between the ages of five to

sixteen are required to attend school in most states. For example, in California, children below

sixteen years of age must attend school full time.

HOW MOST U.S. SCHOOLS ARE ORGANIZED

Elementary SchoolKindergarten to Grade

5Ages 5 to 10

Junior High School

Grade 6 to 8Ages 11 to 13

Secondary or HighSchool

Grade 9 to 12Ages 14 to 18

Post-secondary orHigher Education:

Community Colleges,Universities, or Trade

Schools

Kindergarten: Kindergarten attendance is not required by law in California, but parents have

the right to enroll their children in public kindergarten once they have reached the

appropriate age. Schools must admit children who have reached five years of age on or

before December 2 of that school year. Admission must occur at the beginning of the school

year or whenever a student moves into the school district.

Elementary School: In most states, including California, in order to enter public school at

the beginning of the school year (September), a child must reach six years of age on or before

December 2 of that year. Children enrolling in public school after completing one year of a

private kindergarten may be admitted to first grade at the discretion of the district.


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In order to enroll your child in a California school, you may need to present the following

documents and no other substitutes20:

Student medical records:Students entering kindergarten will need a total of five

DTP (diphtheria, tetanus, and pertussis) immunizations;four polioimmunizations; two MMR (measles, mumps, and rubella) immunizations; three

hepatitis B immunizations; and one varicella (chicken pox) immunization.

Students entering seventh grade must show proof of three hepatitis B shots and a

second measles (or MMR) shot;

Documents that show your childs name & age:A birth certificate or

passport, baptism certificate duly attested. When none of the foregoing is

obtainable, an affidavit by the parent, guardian, or custodian of the minor or any

other appropriate means for proving the age of the child; and

Proof that your child lives in the school district:School district residents mustprovide a current utility bill (such as gas, telephone, water, garbage, or cable TV),

close of escrow papers, or recently signed rental/lease agreement (with name,

address and telephone number of lessor). The parent/guardian must provide

proof of residency as determined by the district, along with an Affidavit of

Residence Form for each subsequent year.


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RIGHT TO KTO 12 PUBLIC EDUCATION AND RELATED IMMIGRATION LAWS

NON-VISA HOLDING/UNDOCUMENTED

IMMIGRANT STUDENTS

The U.S. Supreme Court in Plyler v. Doe, 457 U.S. 202 (1982),

invalidated a Texas law authorizing school districts to bar

undocumented immigrant students from public elementary and

secondary schools. The Court stated that undocumented immigrant

students have the same right to free public education as U.S. citizens

and legal permanent residents under the Fourteenth Amendment.21

Undocumented immigrant students are obligated, as are all other

students, to attend school until they reach the age mandated by state

law. Further, public schools and school personnel are prohibited

under Plylerfrom adopting policies or taking actions that would

deny student access to education based on their immigration status.

What Schools Can Do & Cannot Do:

As a result of the Plylerruling, public schools may not:

deny admission to a student during initial enrollment or at any other time on the basis of their

immigration status;

treat a student differently to determine residency;

engage in any practices that chill the right to access public school (e.g. school officials are

not allowed to require children or their parents to prove their legal status);

require students or parents to disclose or document their immigration status;

make inquiries of students or parents that may expose their undocumented status;

deny participation in programs based on their immigration status; andrequire Social Security numbers from all students, as this may expose undocumented status.


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Recommendations for Public Schools:

Public Schools should:

act to preserve the right of access to public

education;

assign a school-generated I.D. number;allow participation in special programs including

bilingual education, special education, Head Start,

etc.;

be aware that they have no legal obligation to

enforce U.S. immigration laws; and

provide language access services to Limited English

Proficient families, such as interpreters for parent-

teacher conferences.

LEGAL FOREIGN STUDENTS

(STUDENTS WHOSE IMMIGRATION STATUS ARE KNOWN)

Currently, the Plylerdecision stands as good law and prohibits

the exclusion of undocumented immigrant students from

public elementary and secondary schools; in the case of legalforeign students, however, the federal government expressly

allows the exclusion of legal foreign students from public

schools.

F-1 visas (student visas)

In 1996, Congress passed a law that restricted legal foreign students with F-1 visas from admissions

to U.S. public elementary and secondary schools.22 Under current federal law, students with F-1

visas are:

prohibited from attending public elementary schools or publicly-funded adult educationprograms;

limited to twelve months of secondary school attendance; and

required to pay the secondary schools the full, unsubsidized cost of education (The full,

unsubsidized cost of education is the cost of providing education to each student in the

The Privacy of the Students

Files is Guaranteed by Law

The Family Educaon Rights andPrivacy

Act (FERPA)(1974) prohibits schools from

providing anyoutside agency, including

the DepartmentofHomelandSecurity

(DHS) or U.S. CizenshipandImmigraon

Services (USCIS), with anyinformaon

from a students schoolfile thatwould

expose theirimmigraon status without

first receiving permissionfrom the

parents. The only excepon is whenan

agencysecures a courtorder(subpoena).


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school district where the public school is located. Costs normally range between $3,000 and

$10,000).

The above restrictions apply to these legal foreign students with F-1 status who:

need an I-20

23

to study in the U.S.;leave the United States and want to return to continue their studies; and

want to transfer from a private school or program into a public school.

The restrictions do not apply to the following legal foreign students with:

another visa status, such as J-1 (foreign exchange), J-2 (dependents of J-1) , F-2 (dependent

of F-1), L-1 (visa available to employees of an international company with offices in both a

home country and the United States), M-2 (defendant of M-124), G-4 (visa granted to officers

or employees of international organizations and members of their immediate families), or

students whose parents are in the U.S. as diplomats or researchers;F-1 status who attend private schools, training or language programs;

F-1 status who were attending public schools when the law came into effect on November 30,

1996; and

expired F-1 visas.

Special restricon on B visa (visitor visa) holders

Federal law does place restrictons on other types of visas which are not

designated as student visas. For example, prior to September 11, 2001, there

were no restrictons placed on B-1 visa holders25 who enrolled in a course of

study. However, in 2002, the federal law changed26 so that a student holding a

B-1 visa who aempts to enroll in a public elementary or secondary school in

the U.S. would be in violaton of the terms and conditons of her/his visa. This

law, however, does not have any impact on undocumented immigrant students

(e.g. students who became undocumented by overstaying her/his visa).


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Student visa categories which lawfully permit legal foreign students to attend public school:

Aside from the previously mentioned F-1 and B-1 visa categories, there are several other visa

categories under which the vast majority of non-citizens and their children enter the U.S. If a

student has obtained one of these visas which lawfully permit her/him to attend public school, s/he

may not be denied a public education and may lawfully attend her/his school. Below is a

description of the student visa categories which summarizes restrictions on public education.

SUMMARY OF K-12 EDUCATION ELIGIBILITY BASED ON VISA STATUS

?loohcScilbuP21otKroFelbigilEepyTasiV

F-1 visa is a non-immigrant visa issued to alegal foreign student who is coming to the U.S.to purse full-time studies in a U.S. academicinstitution

No, unless one limits study at a public school to1 year and pays full reimbursement for the totalcost of the education ahead of time

B-1/B-2 visa is issued to a legal foreign

visitor having residence in a foreign countrywhich s/he has no intention of abandoning andwho is visiting the U.S. temporarily for businessor pleasure.

No, unless one obtains an F-1 or M-1 studentvisa.

Derivative visa is issued to dependents ofprimary visa holders.

Yes. Student studying on derivative visas, suchas F-2, J-2, H-4, or L-2, are not affected bycurrent restrictions.

All other immigrant visas: A, E, G, H-1,J-4, K, L, N, NATO, O-1, O-3, R or V.

Yes. Once students immigrant status has beenverified, the student may then establish stateresidency by meeting the residency criteria.

Undocumented immigrants

Anyone who came to the U.S. withoutinspection or overstayed her/his visa.Pending beneficiaries under 245(i) and theirfamilies who have not been able to obtain legalstatus or adjust their status.

Yes, under Plyler.


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Post-secondary Education

Post-secondary education includes any education beyond secondary

school. This includes community colleges, vocational training, four-year

colleges, online colleges, graduate and professional schools such as

medical school and law school. In California, there are three kinds of

public institutions: University of California (UC) system schools,

California State University (CSU) system schools, and community

colleges. UC and CSU systems offer 4-year programs that offer some

Bachelors degrees. Given the great difference in tuition, some students

choose to attend a community college and plan on transferring to a 4-year

college later to save money.

TYPES OF DEGREES AVAILABLE AT POST-SECONDARY INSTITUTIONS

Degree School Years of Schooling

Certificate Community College/ Trade School Six months to two years

Associates Community College Two years

Bachelors Four-year College or University Four years

Masters University Two years

Doctorate University Two to eight years

Professional Specialized School Two to five years

FORU.S.CITIZENS AND LPRS, the admission process is straightforward. You apply, get accepted,

choose your school, and enroll in classes. U.S.CITIZENS,LPRS, AND CERTAIN NON-

IMMIGRANT/IMMIGRANT VISAHOLDERS (see CALIFORNIA RESIDENCE REQUIREMENTS for more

information) can get in-state tuition if s/he satisfies residence requirements under California law.

LEGAL FOREIGN STUDENTS coming from abroad to attend college in the U.S. may have student

visas. Each student obtains an I-20 from the college and uses this document to apply for a F visa at

a U.S. consulate. Upon receipt of a F visa, s/he may enter the U.S. and begin college studies.


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CALIFORNIA IN-STATE TUITION (AB540)

With the passage of AB540 (codified as Cal. Educ. Code 68130.5) in

2001, qualified UNDOCUMENTED IMMIGRANT STUDENTS can pay in-state tuition rates at California public colleges and universities

(NOT private schools).

ASIGNIFICANT DIFFERENCE BETWEEN IN-STATE AND OUT-OF-STATE TUITION RATES IS

BELOW:

In-State Out-of-StateCalifornia Community College $20/unit $173/unitCalifornia State University $3,200/year $13,454/year

University of California $9,142/year $ 24,103/yearPrivate College/University Does not provide in-state tuition/

$ 19,000 -36,000/year(e.g. University of Southern California (USC),Pepperdine, Loyola, etc.)

(The tuition rates are based on 2008 data, and the rates may differ between schools.)

REQUIREMENTS FORAB540ELIGIBILITY INCLUDE THE FOLLOWING (see Appendix for asample AB540 Form):

(To download a AB540

guide, please visithttp://krcla.org/ko/Ab

540)

Attend a high school in California for three or more years (non-consecutive);

Graduate from a California high school, receive a high school equivalencycertificate issued by the California State GED office or receive a Certificate ofProficiency;

File the AB540 nonresident tuition exemption request form and sign theconfidential affidavit included with the form stating that the student will applyfor legal residency as soon as possible; and

Not be a non-immigrant holding a visa in one of the following categories: A,

B,C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD, and V, and TROVand NATO.


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AB540 eligibility requirements do not explicitly include

state residency. Under the law, undocumented immigrant

students are NOT required to:

show a state-issued ID or Social Security number toapply for admissions to a California college or

university;

pay out-of-state fees to enroll in a California collegeor university if they qualify for AB540; or

show proof of legal residency status or proof ofapplication pending for legal residency status forthemselves or their families.

If an undocumented immigrant student satisfies AB540

eligibility requirements, all s/he has to do is to complete the

AB540 form - the California Nonresident Tuition

Exemption Request- and send it to the college. For more

information on how to apply for AB540, check out KRCs

An Introduction to AB540 pamphlet, available online at

http://krcla.org/en/ab540.

IN-STATETUITION:WHO QUALIFIES FORIN-STATE TUITION RATES IN CALIFORNIA?

Status Eligible for in-state tuition?

UNDOCUMENTED IMMIGRANT STUDENTS

who attended three or more years and graduated

from a California high school or took the GED.

YES, they qualify for in-state tuition rates based on

AB540.

IMMIGRANTS AND CERTAIN NON-

IMMIGRANTS who are not precluded from

establishing residency in the U.S. Those non-

immigrants are: : A-1, A-2, A-3, E-1, E-2, G-1,

G-2, G-3, G-4, H-1, H-4, I, K-1,K-2, K-3, K-4,

L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O-

1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3,

T-4 and V-1, V-2, V-3 visa holders.*

They MAY qualify for in-state tuition rates AS LONG AS

the student can prove residency29 under state law and

immigration status (must consult an immigration attorney

if you are not residing in California).

NON-IMMIGRANT VISA HOLDERS such as F, J

and B.

NO, they need to pay out-of-state tuition rates and may

need to change visa type (must consult an immigration

attorney).

Applying for AB540 Can Expedite

Your Admissions Process!

AB540 is a well-recognized law - during

the 2005-06 academic year, 1,483

students in the UC system were receiving

AB540.

While some schools may not know how

to process an undocumented college

applicant, almost all have protocols for,

or experience, processing AB540

applicants, because it is codified by law.

Things will be smoother once the school

is aware that you will request the AB540

exempton.


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BASIC GUIDELINES FOR UNDOCUMENTED IMMIGRANT STUDENTS

While it is possible for undocumented immigrant students to attend post-secondary educational

institutions, most of the higher education system was not designed with these students in mind;

applications have dozens of questions that dont apply to these undocumented immigrant students,admissions officers will assume the student is a citizen, LPR, legal foreign student, and so on. There

are a couple things undocumented immigrant students should keep in mind when applying for

colleges:

Do not lie. Students feel confused when asked to list their immigration status on the

application, but none of the choices are undocumented, and often choose Permanent

Resident or I am in the process of becoming a Permanent Resident. Lying about

immigration status could make the student deportable, and may count against her/him if there

is a future opportunity for legalization.

Whenever possible, do not mention or show evidence that you are undocumented. If

the student qualifies for AB540, her/his best option is to keep saying, I am an AB540

student, to all questions about her/his status. This will make the process less troublesome.

Watch out for signs showing that the admissions office is categorizing the student as an

international student (legal foreign student). When this happens, try to rectify it. The

student may have to say that s/he is undocumented.

How to file applications

Filing the college admissions application is

similar to any other application. If an

undocumented immigrant student is

applying to a public university, s/he

should file the domestic (U.S. Citizen)

student application. For private colleges,

its easier to file the international (legal

foreign) student application.

On most applications, there will be ahandful of questions about the students

immigration status. Some examples are

What is your SSN? and What is your


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visa status? Do not answer these questions: leave them empty.

Online applications are hard to complete because schools use an automated system that refuses

blank answers. At the UC system, an undocumented immigrant student can choose No Selection

as her/his country of citizenship, and then the system allows other fields to be left empty. Use your

best judgment in deciding which questions to skip. Ultimately, if the online application does notwork, file the paper application.

Talking with admission officers

If an undocumented immigrant student applies to community colleges, the schools may require the

student to appear in person at their offices to turn in the applications. When the student turns in

the application, admission officers review the application to ensure that it is complete. If the

students application is not complete, admission officers may ask the student a lot of questions.

If the student qualifies for AB540, s/he should state, I am an AB540 student. It is also advised to

complete an AB540 form in advance and provide it to the admissions offices. If the student doesnt

qualify for AB540, or if it doesnt work, the student should say that s/he does not hold a B-2 or F-1

visa (thats what schools are most concerned about). An undocumented immigrant student should

save the Im undocumented response until there are no other options.

Also, an undocumented immigrant student should never show admission officers her/his original

passport. Prepare a photocopy of the first page (the one with a picture) and present it if they

request an ID.

Sometimes UCs or CSUs may contact an undocumented immigrant student applicant via phone or

email and ask her/him the same questions. Respond in the same way.

After you apply

Some admissions offices will send an undocumented immigrant student applicant mail or email

asking her/him to complete the remaining information. Often they ask the student for proof that

s/he has applied to become a permanent resident, along with other documents. However, failing to

provide such proof should not affect admissions. Please contact KRC or NAKASEC for further

assistance.


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FINANCIAL AID

For most families in America, a college education is much more expensive than what they can

afford. For this reason, many consider affordability factors when applying to colleges. Many

immigrant families are not aware that in Americas higher education system, there exists a financialassistance system to assists working families.

LEGAL FOREIGN STUDENTS &UNDOCUMENTED IMMIGRANT STUDENTS

Most financial aids30 available for college students are for U.S. Citizens and LPRs. However, a

number of private colleges offer similar financial aid packages out of their own budget for legal

foreign students, and while most are not need-blind31 and very competitive, a very small number are

need-blind for financial aid seeking students, as well. Note: legal foreign students can only apply for

financial aid as first year (freshman) students - not as transfer students.

MERIT-BASED SCHOLARSHIPS

While schools cannot provide undocumented students with federal financial aid because its

considered to be government benefits, private foundations are not bound by this restriction. A list

of scholarships prepared by the Mexican American Legal Defense and Education Fund (MALDEF)

that may be available to all immigrant students is online at http://krcla.org/en/scholarships. Most

scholarship award amounts are in the $500-$2,000 range.

Even if a foundation requests a Social Security number, this may be for identification purposes and

not necessarily a sign that the scholarship is only for U.S. citizens. If a student finds a scholarship

and if it requires a Social Security number, the student should ask the foundation if the Social

Security number of a relative can be submitted in lieu of the students. If yes, it means that the

social security number is needed only for identification purposes; find a relative or a friend and ask

them to help you apply for the scholarship. If not, it probably means that the scholarship is for U.S.

citizens and permanent residents only.

LOANS

Similarly, private banks may offer loans as long as there is a U.S. citizen or LPR co-signer. More

information is available at http:// krcla.org/en/ab540/loans.

PRIVATE COLLEGES

While no private college explicitly offers need-based financial aid to undocumented immigrant

students, their funds are not bound by federal restrictions. Students may be able to request and

obtain financial aid from the colleges funds.


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PROPOSED FEDERAL & STATE

LEGISLATION AND POLICY

The DREAM Act, a bill that has been discussed since

2001, would grant undocumented immigrant students

seeking higher education, temporary legal status

equivalent to a permanent resident.

Undocumented immigrant students would be able to

apply for federal financial aid and have all the legal

protections all other students have when entering

college. Temporary legal status is granted twice for 3

years each, during which the student must finish 2years of college. Upon graduating from college,

students may apply for legal permanent residency

status.

(Together, We Build Americas Future National Mobilization of

APAs for Immigration Reform Rally, May Day, 2007)

The requirements for temporary status are that the undocumented immigrant student must have:

lived in the U.S. for 5 years or more by the date the DREAM Act is enacted;

been 15 years old or younger when entering the U.S.; andgood moral conduct, meaning you must not have a criminal record.

Optionally, a qualified undocumented person can attend the military for two years instead of

attending college. The DREAM Act has not passed yet, but it came very close to passage in

October 2007, when it failed a cloture vote by 52 yeas and 44 nays (it needed 60 yeas to continue to

the next step, which would surely have been a successful vote on the DREAM Act itself).

Ifthe DREAM Act passes, approximately 360,000 undocumented high school graduates between

the ages of 18-24 would be immediately eligible for conditional legal status and about 715,000 youth

between the ages of 5-17 would become eligible in the future.


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California DREAM Act

This bill would allow AB540 qualified students to receive financial aid. The precise programs vary

slightly every year and to get most up-to-date information, contact NAKASEC. To date, it has been

consistently introduced since 2002, and has passed both houses yet failed to secure the signature of

the Governor. Similar bills are being debated in other states as well.

Comprehensive Immigration Reform (CIR)

The term comprehensive immigration reform (CIR) refers to a package of policy

recommendations to overhaul the broken immigration system - legalization for all, elimination of

immigration backlogs & preservation of the family-based immigration system, protection of worker

rights, due process and civil liberties. There have been several versions of a CIR bill introduced in

Congress, each of which included the provisions within the DREAM Act.


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Join ORAnGE!

ORAnGE (Organize, Rise Up, Act N Get

Empowered) is KRC's youth group that meets

regularly to study and act on social justice issues

impacting young people. A priority for ORAnGEis ensuring full and equal access to public

education for all young people in the U.S.

Formed in 2005, ORAnGE has participated in

solidarity work with the black community in New

Orleans following Hurricane Katrina, produced a

short film for the DREAM Act, and launched the

DREAM postcard campaign (available at

http://krcla.org/dream), through which

thousands of cards have been sent to date.

Visit www.krcla.org or call KRC at 323-937-3718 to find out more about ORAnGE meetings, which

are open to all young people. Lets not just dream about the DREAM Act, lets act!

DREAM Postcard Campaign

Help send postcards to Congress to educate them about

the higher education dreams of thousands of young

people in the Korean American community!

Go to http://krcla.org/dream to sign online.

On the same website, download an electronic copy

(PDF) of the petition. Get your friends and people around

you to sign it, and send it to us via fax, mail or email!


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Get Help

Korean Resource Center900 Crenshaw Blvd, Los Angeles CA 90019

www.krcla.org/en/ab540

Junghee Lee

[email protected]

323.937.3718

National Korean American Service &

Education Consortium (NAKASEC)900 Crenshaw Blvd, Los Angeles CA 90019

www.nakasec.org

Becky [email protected]

323.937.3703

Plyler v. DoeSupreme Court Ruling notalawyet!

DREAM Act

GradSchool

Jobs

CollegeKinder to 12th gradeKinder Elementary School Middle School High School

LegalProtection

Barriers

Admissions to K-12 Public Institu-tion

In spite of the landmark Supreme Courtdecision guaranteeing the right to K-12public education in the U.S., manyschool systems in the country denyaccess to undocumented immigrantstudents as standard practice, eitherdue to misinterpretation of this lawand/or anti-immigrant sentiments.

Admissions to Public Post-SecondaryInstitutions

Undocumented immigrant students have beendenied admissions to colleges and universitiesbecause schools are interpreting federal lawerroneously. For example, some Californiacommunity colleges are expanding applicationof federal law, which prohibits current travelervisa (B1 and B2) holders from entering schools, toundocumented immigrant students who haveexpired visas.

In-State Tuition

Ten states including California have adoptedlaws permitting qualied undocumentedimmigrant students to receive in-state tuition.Unfortunately, a signicant number foregohigher education for nancial reasons becausethey nor their high school counselors/teachersand parents are not aware of in-state tuition.Furthermore, public institutions of higherlearning have wrongly denied in-state tuition tohundreds, potentially thousands, of qualifyingstudents.

Financial AidUndocumented immigrant students are morelikely to come from low income households who

must juggle working extra job(s) in order tocontribute to the family income and to nancetheir schooling. College-bound undocumentedimmigrant students have an additional hurdlebecause they are ineligible to receive Federalgovernment aid, such as Pell grants and loans, orstate benets such as a Cal Grant award.

AnxietyMany undocumented immigrant students struggle with understandable feelings of hopelessness ordepression because of the tremendous barriers they must overcome to realize their educational goals.For those able to graduate, they face the prospect of being unable to work in the eld of their study orchoice. They also live in real fear of being detected by immigration authorities and subsequently detainedand deported to countries that are unfamiliar to them. These feelings may inhibit a student from

excelling or even lead them to drop out of school.

noalawyet!

California DREAM ActFinancialAssistance

AB540passed in 2001

the big picture


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Appendix. California Nonresident Tuition Exemption Request (AB540 Form)


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Sources

1 The educational needs of many Southeast Asian American students are often overlooked becauseof this model minority myth that all Asian Americans excel academically. Although available data

shows that AAPIs overall are achieving academically, Southeast Asian Americans, in particular, facesignificant educational disparities. For example, while over 80% of the overall U.S. population aged25 and over hold a high school degree or higher, disaggregated data reveals that only 47% ofCambodian, 41% of Hmong, 51% of Laotian and 62% of Vietnamese Americans hold a high schooldegree or higher. See Southeast Asian American Statistical Profile (information according to the2000 U.S. Census), pg. 15, also available athttp://www.searac.org/seastatprofilemay04.pdf.2 U.S. Census Bureau, Earnings Gap Highlighted by Census Bureau Data on EducationalAttainment, (March 15, 2007), also available athttp://www.census.gov/.3 Todd Behr et al, The Effects of State Public K-12 Education Expenditures On IncomeDistribution (Apr. 2004), National Education Association Research Department.4 Henry Brady et al, Return on Investment: Educational Choices and Demographic Change in

Californias Future (2005), Berkeley Survey Research Center.5 Confronting the graduation rate crisis in California, Civil Rights Project, Harvard University (Mar.24, 2005), also available athttp://www.civilrightsproject.ucla.edu.6 Vol. VII Visa Bulletin No. 36A, 1994.7 The United States of Immigration and Custom Services is now saying that immigrants who appliedfor citizenship after June 1 of 2007 can expect to wait 16 to 18 months to have their applicationsprocessed. In addition to naturalization backlogs, the lack of work visas for non-degreed workerscontributes to the rise in another segment of the undocumented population. More immigrantworkers are falling out of status and becoming undocumented.8 New America Media, The 'Paper Ceiling' -- Undocumented Students Hit Barriers After Graduation(Jan. 25, 2006), also available athttp://news.pacificnews.org/news/.9 According to the ruling in Plyler v. Doe, 457 U.S. 202 (1982), undocumented immigrant studentshave the right to attend public schools and participate in all school activities. Moreover, schoolofficials are not allowed to require children or their parents to prove that they are in this countrylegally, through evidence such as green cards, citizenship papers or Social Security Numbers. Id.10 The provision (8 C.F.R. 214.2 (b)) sets forth guidelines regarding individuals currently with validB nonimmigrant status. See8 C.F.R. 214.2 (b). This section was amended on April 12, 2002, torequire B nonimmigrants to obtain a change of status approval before enrolling in a course of study.Id. This code section, however, does not have any impact on individuals who are not in validnonimmigrant status.11 Josh Bernstein, No federal requirement that school administrators inquire about studentsimmigration status or report those who are undocumented, DHS confirms, also available athttp://www.nilc.org/immlawpolicy/DREAM/Dream009.htm.12Jeffrey Passel, Size and Characteristics of the Unauthorized Migrant Population, Estimates Basedon the March 2005 Current Population Survey, Pew Hispanic Center (Mar. 7, 2006), also available athttp://pewhispanic.org/files/reports/61.pdf.13 The College & Financial Aid Guide for: AB 540 Undocumented Immigrant Students, USC Centerfor Higher Education Policy Analysis (Apr. 2006), also available athttp://www.fao.ucla.edu/Forms/pdfs/07_08_ab540students.pdf.


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14 Spiros Protopsaltis, Undocumented Immigrant Students and Access to Higher Education: AnOverview of Federal and State Policy, The Bell Policy Center, 2005.15Annual Report on AB540 Tuition Exemption 2005-06 Academic Year, UCOP Student FinancialSupport (Nov. 21, 2006), also available athttp://ucop.edu/sas/sfs/docs/ab540_annualrpt_2007.pdf.16

Id.17According to the 2006 Department Homeland Security publication, the estimated KoreanAmerican undocumented population as of January 2006 is 250,000. The total Korean Americanpopulation in 2005 according to the Census is 1,246,240.18See supranote 12.19Id.20SeeCal. Educ. Code 48002 and 48204.21 457 U.S. at 205.22Congress amended the Immigration and Nationality Act of 1952 (Act), 8 U.S.C.A. 1184 andadded subsection 1184(m) to the Act. Pursuant to subsection 1184(m)(1), foreign students may nolonger obtain status as non-immigrants under section 1101(a)(15)(F)(i), (iii) of the Act for thepurpose of studying at public elementary schools or in publicly funded adult educationprograms. Also subsection 1184(m)(2) provides that if a foreign student who receives an F-1 visato study at a private elementary or secondary school or in a privately funded language trainingprogram ultimately abandons or terminates that course of study, and subsequently enrolls in a publicelementary school, public adult education program, or publicly funded language training program,the student violates the provision for which the visa was granted and the visa shall be void.23 Form I-20 is a United States Department of Homeland Security document issued by accreditedinstitutions that provides supporting information for the issuance of a student visaor change ofstatus (F, J and M non-immigrant statuses). Since the introduction of the Student and ExchangeVisitor Information System (SEVIS), the form also includes the student tracking number (SEVISnumber) for the student and program.24 The M-1 visa is given to a foreign legal student wishing to attend a full vocational or non-academic

course, other than language trainings, at colleges, universities, or conservatories in the U.S.25A B-1 visa is a tourist/visitors visa as defined in 8 U.C.S.C.A. 1101(a)(15)(B).268 C.F.R 214.2(b)(7) states that "an alien violates the conditions of her/his status, if the alienenrolls in a course of study without first obtaining a F-1 and M-1 student visa."27In most cases, residency is determined by common law of domicile in each state. To be a residentin a state, one needs to be capable of demonstrating an essential element of domicile: the intent tolive permanently or indefinitely in that state. However, some nonimmigrant aliens under101(a)(15) of the Immigration and Nationality Act of 1952 (8 USCS 1101(a)(15)) for whom there iscondition for admission on an intent not to abandon a foreign residence may not adopt the UnitedStates as their domicile. In 1978, the U.S. Supreme Court decided in Elkins v. Moreno, 435 U.S.647 that certain non-immigrant visa holders such as a G visa holder may adopt state residency if they

develop a subjective intent to stay in the United States indefinitely. The Court also stated whethersuch an adoption will confer domicile in a state is a question to be decided by a state. States thatconfer resident status to non-immigrant visa holders for the in-state tuition purposes are: California,Michigan, New York, Florida, Kentucky, Virginia, and Texas. For example, these states grant H1,H4, E1, and E2 visa holders resident status. Thus, these visa holders can establish domicile and mayqualify for in-state tuition one year after date of approval of their visas. In Illinois, however, among


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non-immigrant visa holders, only H1 and H2 holders are considered as residents and qualify for in-state tuition one year after date of approval of their visas.28The list of Minnesota colleges where in-state tuition is available athttp://testfn.files.wordpress.com/2007/11/dreamschoolswonin2007.pdf.29

Residency is governed by state law. Some states including California, Michigan, New York,Florida, Kentucky, Virginia, and Texas grant certain non-immigrants (e.g. H1, H4, E1, or E2)residency status.30 The Department of Education offers various forms of need-based financial aid in addition toloans, and it provides a standard formula that calculates the familys ability to pay tuition. Theformula takes into consideration the familys income, wealth, savings, basic and necessary expenses(such as the college tuition of a second child), and unnecessary expenses, and produces the amountthat the family is expected to pay when sending the child to college. This amount is the ExpectedFamily Contribution, or EFC for short. Once an eligible students EFC is determined, schools willtry to meet the rest of the costs through a financial aid package, which includes need-based grants,loans, and other components. For example, if a U.S. citizen or LPR student wants to attend UCLA,where the resident costs are $16,000, but her/his EFC is $3,000, then UCLA will grant the student afinancial aid package for $13,000. Also, most schools make an admissions decision regardless of thefinancial aid the applicant needs. In other words, no matter how poor a students family may be, thestudent need not worry about whether s/he has the grades to get the financial aid, but only qualifyfor admissions. This policy is called need-blind admissions. Therefore, depending on thestudents familys financial situation, attending a UC university can actually end up being cheaperthan paying the full price at a community college.31

Supranote 29.


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This guide is produced by the National Korean American Service & Education Consortium (NAKASEC)

in collaboration with the Korean Resource Center (KRC).

The NAKASEC was founded as a consortium in 1994 by local community centers that realized that only bycoming together can we build and contribute to a national movement for civil rights. They are the KRC in LosAngeles, the Korean American Resource & Cultural Center (KRCC) in Chicago and YKASEC -Empowering the Korean American Community in New York.

Our founding was the culmination of the base building work our affiliates had been doing for years in their

respective cities. Our mission is to project a national progressive voice on major civil rights and immigrant rights

issues and promote the full participation of Korean Americans in American society.

2008. National Korean American Service & Education Consortium (NAKASEC) & Korean Resource Center(KRC). May be copied for personal, noncommercial use. All other rights reserved.

DISCLAIMER: this material is composed of information of a general nature that does not constitute a

NAKASEC AFFILIATES

Korean Resource Center

900 S. Crenshaw Blvd.Los Angeles, CA 90019

T: 323-937-3718 www.krcla.org

Korean American Resource & Cultural Center

2701A W. Peterson Avenue

Chicago, IL 60659T: 773-588-9158 www.chicagokrcc.org

YKASEC-Empowering The Korean American Community

136-19 41st Avenue, 3rd FloorFlushing, NY 11355

T: 718-460-5600 www.ykasec.org