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Data on the Undocumented

March 17, 2009

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Just over half (53.6 percent) of colleges knowingly admit undocumented immigrant students to degree or diploma programs under certain circumstances, while 46.4 percent do not.

Public two-year colleges are the most likely to knowingly admit students residing in the United States illegally, with 69.9 percent indicating that they do so, whereas just 40.7 percent of private nonprofit colleges say the same.

Those are among the many findings of a new survey from the American Association of Collegiate Registrars and Admissions Officers, to which 613 of the association's roughly 2,000 member institutions responded. (Of the 613, 260 filled out the survey completely, while most, 353, completed it partially. For instance, only 384, or 62.6 percent of all respondents, answered the inquiry on knowingly admitting undocumented students.)

The data fill a void where anecdotes -- and deep passions -- have lived. While the issue has flared periodically (most notably, of late, at the North Carolina community colleges), little is known on a national level about institutional policies on admitting and enrolling illegal immigrants.

“There are a number of pure or philosophical positions out there with regard to undocumented students, but very little by way of actual information from a campus administrative perspective,” said Barmak Nassirian, AACRAO’s associate executive director. “In general, there is sort of a false image in people’s heads when the topic is discussed -- of a group of people with ‘undocumented’ tattooed on their foreheads walking around the campus. And that’s not so.”

Of the findings, he said, “The vast majority of institutions” -- 96.9 percent -- "do actually inquire about citizenship/legal residency status in the form of a question.”

“But then, once you solicit the answer, how you act on the answers that you receive very clearly separates institutions from each other. ... In practice, the numbers are all over the map when it comes to who they verify, how they verify, etc.”

On verification, just 19.6 percent said they verify the immigration status of all applicants, 30.6 percent verify applicants for financial aid, and 18.7 percent verify only those applicants seeking in-state tuition. Another 23.3 percent said they don't verify applicants' status, and 7.7 percent said "other."

Nassirian points out that very few institutions -- just 5.1 percent -- rely on national e-verification systems, like SAVE or E-Verify. "The rest do it in-house on the basis of document reviews," Nassirian said.

When asked, "What happens if you find out or have reason to believe students who claimed otherwise are undocumented?" the answers vary: Of 409 institutions that responded to this question, 23 percent said students are not allowed to enroll, 11.2 percent said that, if already enrolled, they’re asked to withdraw, 12 percent said they’re allowed to enroll without conditions, 7.8 percent said they are permitted to enroll under certain conditions, 23 percent said they’re charged higher tuition and 20.5 percent said other.

Of those colleges that knowingly admit undocumented students under certain circumstances, what are some of those circumstances? A total of 27.5 percent require graduation from an in-state high school or GED, 18.8 percent require attendance at an in-state high school, 15.3 percent require an affidavit, statement or certification of the student's intention to resolve his or her immigration status, and 9.7 percent require proof of length of residence. Nearly 29 percent said other.

A 1982 U.S. Supreme Court case, Plyler v. Doe, affirms the right of illegal immigrants to K-12 education, but does not extend to higher education. Undocumented students are ineligible for federal financial aid, and how states handle their admission and enrollment in public colleges varies -- with some now barring admission of undocumented students and others pursuing the opposite tack by making lower resident tuition rates available for illegal immigrants residing in their states. As for private colleges, their policies also vary, and typically aren’t advertised.

One exception is Vassar College, which, after entertaining a proposal last fall, has made explicit its policy on undocumented student admissions. On its admissions Web site, the college states, “Vassar College will give admission applications submitted by undocumented students the same consideration given to any other applications it might receive. Undocumented students who are admitted to Vassar will be offered financial assistance based on demonstrated need following the same procedures Vassar uses to grant aid to accepted international students.”

“We wanted to clarify for students and for families and for counselors and for others what our policies were so that they wouldn’t have to guess,” explained David Borus, the dean of admission and financial aid. “As a matter of fact, at least as far as we can see from this year’s applicant pool, it has not resulted in a deluge of applications from undocumented students, but rather more of a trickle. There have been a few students who have contacted us and been given this policy and gone ahead and applied but not a great many. And I think that’s likely to be the case in the future.”

As for what other colleges are doing, “It’s not the kind of thing that colleges generally are discussing in forums, or online,” Borus said. “It’s an internal, sort of functional policy that we all have dozens of for various constituencies and various procedures. So I don’t think it’s startling that it’s not something that’s being discussed a great deal."

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Comments on Data on the Undocumented

  • Is that legal?
  • Posted by Tad on March 17, 2009 at 6:45am EDT
  • Prospective students with social security numbers are citizens, right?

    I have assumed since shortly after 9/11/01 that to accept illegal residents would be a violation of the Homeland Security laws, which would put our college at risk of losing the ability to issue I-20 forms to prospective international students. Too risky. Evidently this is not the case?

    Did I read the passage correctly that said that some colleges, upon finding out an applicant is illegal, simply charge more? Oh boy, that's indefensible.

  • Social Security numbers
  • Posted by Bob on March 17, 2009 at 8:30am EDT
  • Possession of a social security number does NOT indicate anything other than the ability to establish an account to deposit social security taxes.

    There are various classes of social security numbers. Some cards will actually state the the card is not valid for employment purposes.

    No Social Security card in any way implies domain over citizens or non citizens. That is the sole domain of the US Citizenship and Immigration service (USCIS).

  • state policy
  • Posted by Researcher on March 17, 2009 at 8:30am EDT
  • Tad said: "Did I read the passage correctly that said that some colleges, upon finding out an applicant is illegal, simply charge more? Oh boy, that's indefensible." It is defensible if their states require that they must charge out-of-state rates for such students even if they reside in the state.

  • Smart Policy
  • Posted by Eduardo Marti , President at Queensborough Community College on March 17, 2009 at 9:00am EDT
  • It is time to speak out for the thousands of undocumented immigrants who are intimidated and abused. As the President of Queensborough Community College, one of the units of the City University of New York, and as a New Yorker, I am proud that our State is one of 10 that provides in-state tuition rates for undocumented immigrants who have resided in the state for three years, graduated from a state high school, received notification of acceptance to a public college or university and signed an affidavit stating they will file for legal immigration status. This is a natural extension of the Supreme Court decision Plyler v. Doe, 457 U.S. 202 (1982) that states that undocumented children have the same right to a free public education as U.S. citizens and permanent residents.

     

    However, undocumented immigrants are still not able to access any kind of federal financial aid. This economic barrier prevents many from entering colleges and universities. So, even with permissive legislation, we are making it hard for children of undocumented immigrants to prepare themselves to become productive members of our communities. The Dream Act, previously supported by Barack Obama and many other Senators, should be reintroduced in the 110th Congress. Under the original proposal, the legislation provides that undocumented students with good moral character who came to the U.S. at age 15 or younger, at least 5 years before the date of the bill’s enactment, would qualify for conditional permanent resident status upon acceptance to college, graduation from a U.S. high school, or being awarded a GED in the U.S. Students with conditional permanent resident status would be able to work, drive, go to school, and otherwise participate normally in day-to-day activities on the same terms as other Americans, except that they generally would not be able to travel abroad for lengthy periods and they would not be eligible for Pell Grants or certain other federal financial aid grants. They would, however, be eligible for federal work study and student loans, and states would not be restricted from providing their own financial aid to these students. Time spent by young people in conditional permanent resident status would count towards the residency requirements for naturalization. The conditional permanent residency would be converted to a regular lawful residency status if immigrant has maintained good moral character, avoided lengthy trips abroad, and met at least one of the following criteria:

    1. Graduated from a 2-year college or certain vocational colleges or studied for at least 2 years towards a B.A. or higher degree, or

    2. Served in the U.S. armed forces for at least 2 years.[1]

     

    This is an immigration reform proposal that makes sense. Let’s hope that it becomes law.

     

    [1] DREAM Act Summary (Senate Judiciary Committee) | National Immigration Law Center www.nilc.org/immlawpolicy/DREAM/dream_act_06_summary_2006-04.pdf|

  • Anarchy
  • Posted by J.J. on March 17, 2009 at 11:15am EDT
  • Based on what Mr. Marti wrote in his 500-word post -- why should anyone obey any law they feel is "unjust?" If it is appropriate to ignore one law -- why bother with the rest? Say, starting with paying taxes for community colleges? Or only one newspaper from a newspaper rack?

    "Spin" rarely works, the public is too jaded. For example, when most homeowners make payments on time -- they know those who bought too much house getting taxpayer-funded bail-outs are getting a deal. And the thrifty know, they are being jacked-up financially. It is, what it is.

  • In response to "Smart Policy"...
  • Posted by Prof. Challenger on March 17, 2009 at 11:15am EDT
  • You aren't really arguing that it's somehow wrong for a country to treat lawbreakers differently from those who abide by its laws, are you?

  • Undocumented students
  • Posted by feudi on March 17, 2009 at 12:15pm EDT
  • I must be very naive. At our schools, if a student files a FAFSA and is determined to be undocumented, they are not admitted. Period. I remember one case where the student could not provide proof of citizenship, a green card, or even a student visa. She became very emotionally distraught when she was told she would not be admitted even though at least two other very large schools had accepted her enrollment in prior years. She refused to accept our decision until she was informed that the school would have to report her undocumented status to the INS via the SEVIS system. Immediately, the student collected her wits and left the premises never to be heard from again.

  • In Support of the Dream Act
  • Posted by Dream Act Supporter , Admissions on March 17, 2009 at 12:30pm EDT
  • Unfortunately, the issue is not so black and white as many law-abiding, tax paying citizens would like it to be.

    The Dream Act is legislation that would allow children that were brought to the U.S. by their parents to pursue the American dream and become lawful residents. While it may not seem 'fair' to some who fear new populations taking over and wasting tax payer money by receiving in-state tuition, among other things, it is in response to the large (and growing) population of underage undocumented children who grew up in this country and don't know any other way other than the American way. Some do not even know they are undocumented while others are aware and live in a constant state of fear that they will somehow get caught and deported back to a country with which they are unfamiliar and may not speak the language (if their parents wanted them to assimilate to the point of not speaking their native language at home).

    If the choice were between sending this population of students to college (or join the army) on the path of becoming lawful residents or rounding them up and sending them back to where ever they came from (as subjective as that notion is) then I would rather the former option be in place. And if the latter option were to ever become a reality, I will leave it to others to press the red button as I object.

    In my own experience...my institution currently allows undocumented students to enroll, with conditions of proving they meet state residency requirements in order to receive in-state tuition. With a college education these students are looking to become productive members of society and of the undocumented students I have met on campus, I can safely say that they already are.

  • Fatal flaw in DREAM Act
  • Posted by J.J. on March 17, 2009 at 3:00pm EDT
  • " .. Unfortunately, the issue is not so black and white as many law-abiding, tax paying citizens would like it to be"

    Unfortunately, that is wrong.

    My parents waited in immigration lines for 13 years, overseas and in the U.S. It was not fun, but they did it to flee Communism.

    To allow invasion-level illegal immigration is to insult and demean those who followed the law and believe that the USA should be governed by rule of law. What about the 1,000,000+ U.S. citizenship applicants who are waiting overseas and in the U.S.?

    Those young people and their parents are not Kennedys, Bushes, or Bidens. They should leave the U.S., return to where they came from, get in the correct immigration line, and wait their turn like everyone else.

    Or let us just declare anarchy and open the prisons. Because no one there thinks they are guilty, either.

  • Researcher
  • Posted by DFS on March 17, 2009 at 5:00pm EDT
  • Just a mild aside, but your insertion of Tad's alleged comments inside quotation marks is inaccurate.

    You are a real 'researcher,' aren't you?

  • Illegals are Illegals
  • Posted by Aristophenes on March 17, 2009 at 9:45pm EDT
  • The vast majority of Americans believe that Illegals should be treated as Illegals, that is, by definition, outlaws. All who are discovered should be deported immediately. As for the rest, they should receive no public services whatsoever. It is unacceptable that the two major political parties have ignored the will of the majority on this issue.

  • Undocumented
  • Posted by Lynn on March 18, 2009 at 4:30pm EDT
  • I agree that undocumented persons are breaking the law and should not be in the U.S. However, this is an impractical position. As others have pointed out, many of these people were brought to the U.S. by their parents when they were infants. I know that this is true because I speak with them frequently.

    A comment was made that one family applied for US permanent residency and waited overseas for 13 years. The same can happen to a person residing in the US on a valid visa type who applies for residency. Some residency applications will be adjucated quickly and others will take years. Usually spouses get first preference.

    This brings us to a solution to all international student problems that has been the popular choice for more than 50 years, marry a U.S. citizen. Many bad marriages have been contracted under these circumstances.

    Therefore, even though it appears to encourage breaking the law, I am in favor of admitting undocumented students and even tuition breaks for long term undocumented students.

  • Legal Immigration Status
  • Posted on March 19, 2009 at 6:30pm EDT
  • Isn't residency status or citizenship status based on the parents when the prospective student is under 22? So for the younger students, we would be looking at the parents' documented or undocumented status. Shouldn't the parents be trying to prove that the are actively seeking citizenship? Can a person under the age of 21 file for legal immigration status for him/herself?

    I say if you can't prove that you are in our country legally, you do not have the right to post secondary education unless you become legal. Once you have done what it takes to be in the US legally, welcome!