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Higher Education for Immigrant Students ----------------------------------------- --------------------------------- Dr. Roberto E. Treviño Department of Educational Leadership / College of Education University of North Texas / Denton, Texas 76203-1337 (Office) 940.565.2940 / (Home) 940.566.5265 (E-Mail) [email protected] / [email protected] Alejandra Rincón Emergency Immigrant Education Program / Houston ISD [email protected] (713) 779-1866 (W)

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Page 1: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Higher Education

for

Immigrant Students--------------------------------------------------------------------------

Dr. Roberto E. TreviñoDepartment of Educational Leadership / College of Education

University of North Texas / Denton, Texas 76203-1337

(Office) 940.565.2940 / (Home) 940.566.5265

(E-Mail) [email protected] / [email protected]

Alejandra RincónEmergency Immigrant Education Program / Houston ISD

[email protected]

(713) 779-1866 (W)

Page 2: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Presentation OutlinePresentation OutlineI) Categories of Immigrants

II) Issues when working with immigrant students

III) Provisions of House Bill 1403

IV) Financial Aid (FAFSA-What to watch for)

V) Description of the Coalition

1) History, Mission & Purpose

2) Areas of Work

VI) Current national legislation & other states’ initiatives

Page 3: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Categories of Immigrants

Non-immigrants

Undocumented students

Non-residents

Workers w/ visa (H1-B)

Intl Students (F1)

Tourist visa (B2)

In-state tuition only for H1-B and H-4

Entered to the U.S very young with parents

Entered with documents and they expired (tourist or work

visa)

Entered with no documents

Members of families with mixed immigration statuses

Can not apply for permanent residency unless there is an

amnesty

In-state tuition under HB 1403

Immigrants

In-state tuition

Spouse or minor child of permanent

resident or citizen

Notice of Action Taken (I-797)

Has filled petition for alien relative (I-130)

“Family reunification”NACARA/TPS

VAWA/SAWHRIFA/Cuban Ad. Act

Residents (in the process)

Students who have applied for permanent residency

Students with visas

Undocumented

Page 4: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Issues when working with immigrant students

Immigration Status (Varies greatly)

Sch

oo

l

Refugees

Tourist visas (B2)Temp. Protected StatusWork visas (H-4)

I.e. Africans (Sudanese)I.e. Europeans (Bosnia)I.e. ColombiansI.e. SalvadoransI.e. Asians (Pakistan)

Not eligible for federal aidDisqualified for most scholarshipsEligible for state financial aid (Texas Grant) under HB 1403

UndocumentedPaperwork in processPermanent ResidentCitizen

Immigration Status (Varies greatly)

Fam

ily

Immigration Status (Funding eligibility)

Co

lleg

es

Immigration Status S

tud

ent Privacy

Fear to disclose information that could affect familyLack of trust that information will not be sharedForced to use false S.S numbers or documents

Page 5: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Provisions of House Bill 1403

1. Amends a list of tuition categories in Chapter 54, Education Code, by adding a newsubsection providing that non-citizens meeting the qualifications stipulated in Section 2 of thebill shall be deemed residents for the purpose of tuition.

2. Provides that a non-citizen shall be classified as a resident for tuition purposes if they havelived in Tx with a parent or guardian, and(1) graduated from public or private accredited high school, or received a GED; and(2) attended a public or private high school for three or more years as of the date of highschool graduation;(3) does not cover students already enrolled as international students, only those entering inFall 2001 semester;(4) provides to the institution an affidavit (a sworn statement) stating that the individual willfile an application to become a permanent resident as soon as they are eligible to do so.These requirements differentiate Texas graduates from foreign/exchange students who come tothe state from their country of origin for the express purpose of higher education.

3. Permits that a student who lives in another state with one parent, but also has a parentwho is a Texas resident, may be deemed a resident for the purpose of tuition, if the parent whois a Texas resident continues to reside in the state, and is not delinquent on any payments ofchild support.

4. Provides that a student not born in the U.S., who has filed an application with the INS thatwill eventually lead to permanent resident status and/or citizenship, is deemed eligible for in-state tuition.This section will apply to those who do not meet the 3-year requirement in Section 2.Simplifies the determination process because the eligible populations and criteria areconstantly shifting due to Congressional and court changes. Also deletes obsolete reference tofederal immigration form.

5. Adds the University of Texas at San Antonio as a participant in the current “goodneighbor” program, which enrolls Mexican nationals who have graduated from Mexican highschools, in specified institutions at the in-state tuition rate.

6. Stipulates that the provisions of this Act apply only to tuition for terms beginning on orafter the effective date of this Act. The effective date will be the date the governor signs it, orwhen it is filed without signature, which may be on or before June 17, 2001.

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If you are an immigrant student, or know someone who is, you can go to collegeregardless of your immigration status. This past June 17, 2001 HB 1403 wassigned into law. Effective beginning in Fall 2001 this law enables immigrantstudents, including undocumented, to qualify as residents and receive in-statetuition. To qualify a student must meet the following four provisions:

(1) Have graduated from a public or private high school or received a GED in TX(2) Have resided in TX for at least 3 years, lived some of this time with a parent or

legal guardian, before the person graduated from high school or received the(GED)

(3) Register in an institution of higher education not earlier than the Fall 2001semester. If you have attended college before this date you DO NOT qualify.

(4) Provide the institution an affidavit stating that he/she will file an application tobecome a permanent resident as soon as he/she is eligible to do so.

Immigrant students who do not meet the 3 year requirement but who havestarted a process with the INS and have filed an I-130 or I-140 are also eligible toreceive in-state tuition if they have been here for at least 12 months.

People holding work visas (H1-B) and their dependents (H-4) can now alsoreceive in-state tuition at state universities. The same rule applies for NACARAand TPS applicants among others.

Students who are classified as residents under the new law, also qualify for statefinancial aid (Texas Grant and Texas Public Education Grant). To apply theyneed to fill out the FAFSA even if they do not have a social security number.They can also use the 9 digit number generated by the institution they areattending.

Lastly, the universities have academic scholarships under which immigrantstudents, regardless of their immigration status, can apply. If you areawarded one these scholarships you will be charged in-state tuition.

If you are in the top 10% of your graduating class you automatically qualifyfor admission and a competitive scholarship at public universities. You willreceive a waiver that will allow you to pay in-state tuition.

For more information you can call:

Alejandra Rincón HISD’s Immigrant Program, at 713-779-1866or log on at www.go2college.org

Page 7: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

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FAFSA-What to watch for

– STEP ONE– Question 8. Social Security Number (If you don’t have one write the ID number

given by the university or provide your TAX ID number)

– Question 13. If you are undocumented mark that you are “not a citizen or eligible non-citizen”. If you have started the process with INS provide the “A” number that they have assigned to your case.

– Question 24. Write down the state where you have lived during the past 12 months. This question asks about the place where you have established domicile.

– Question 34. If you are not a permanent resident, you don’t qualify for “work-study”.

– STEP TWO– Question 36. Complete this if you support yourself. If you have not filed your taxes

yet, choose option C: “I will not file”.

– Question 42. Provide an estimate of how much you earned during the year, even if you didn’t receive the W-2 forms. If your salary is based on tips, provide the amount.

Page 8: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

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FAFSA-What to watch for

– STEP FOUR– Question 60-63. Write down your parents’ names and social security numbers. If

they don’t have one, just write 000-00-0000.

– Questions 64. Write down the number of people that live in your parents’ household. Count yourself, even if you don’t live with them. Include also your parents’ other children & other people that live with your parents and who receive their financial support.

– Question 66. Write down the state where your parents have lived for more than 12 months. This question is related to your domicile and not your immigration status.

– Question 70. If your parents have not filed their taxes yet, choose option C: “My parents are not going to file”.

– Questions 76-77. Provide an estimate of how much your parents earned during the year, even if they didn’t receive the W-2 forms. If their salary is based on tips or is paid in cash, provide the estimated amount.

– STEP SIX– Question 86. Write down the information of the universities that you have applied

for. Remember that if you are using the ID number given by one given university, you will have to fill out a different FAFSA for each university. If you are using your Tax ID number, you can write here up to six universities where you want to apply.

Page 9: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

History: The Coalition of Higher Education for Immigrant Students was formed during the fall of 1999 to support immigrant students in Southwest Houston. Since January of 2000, the Coalition has

broadened its focus to assist immigrants from the Houston and Dallas-Fort Worth metropolitan areas.

Mission: To identify and remove the barriers to higher education for targeted immigrant students

Purpose: To promote research and policy development, build collaborative partnerships, secure funding and conduct community outreach to provide broader educational opportunities for immigrant students.

Page 10: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

Collaborative Partnerships

Areas of work

Prairie View A&M

Stephen F. Austin University

U. of Houston-Downtown

U. of Houston-Central

University of North Texas

Texas Southern University

Houston Community College

San Jacinto Comm. College

Career & Technology (CATE)

Student Support Services

District offices

Communities in Schools

National Association of

Hispanic Nurses

Mexican Consulate

Society of Hispanic and

Professional Engineers

Educational Outreach

A

Career Day- City wide event

Career Days at universities

College Nights at High Schools

Immigration Forums at schools

Tutoring classes

Parent conferences

Summer Programs

College Board Conference

Communities in Schools summit

Counselors’ workshop

Counseling &Support Services

Through appointments at HS

Through follow up calls

Through mail outs

Center for Immigration Research-

University of Houston-Central

HCC board (May 2000)

Higher Ed. Cord. Board (July 2000)

House Bill 1403 (Spring 2001)

State Representative R. Noriega

HR 1918 (Student Adjustment Act)

Community Organizations

School district offices

Students

Legislative efforts

Counselors

Students

Parents

C

B

A - Collaborative PartnershipsB - OutreachC - Counseling

Research

Colleges & Univ.

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National Legislation (Student Adjustment Act HR 1918)

• To qualify a student would be required to meet all To qualify a student would be required to meet all the following criteriathe following criteria:

• Is under 21 years old• Is attending Secondary School at 7th grade or

above or applying for or attending college• Has lived in the US for at least 5 years• Has maintained good moral character during the

last five years

Page 12: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

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National Legislation (Student Adjustment Act HR 1918)

• Repeals Section 505 of the IIRIRA of 1996 thereby eliminating a restriction on a state’s ability to provide in-state tuition or higher education benefits to residents without regard to immigration status

• Adjustment of Status is permanent

• Immigrant must be physically present in US on the day of enactment

• Information furnished by applicant may not be used for other purposes

• Proof of extreme hardship not required

• Adjustments under the Act exempt from numerical limitations

• Applicants are eligible for federal education assistance and for most other federal programs

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Other states’ initiatives

• California. A bill passed (AB 540) this past October 12/01. All provisions are the same as in HB 1403.

• Utah. Exemption From Nonresident Tuition (HB 144) bill was approved by the House Education Committee.

• North Carolina commissioned a study to see if it can afford to pass such a law while activists in Georgia are pushing for proposals in their state.

• Some community colleges in Arizona, Illinois, and Kentucky are acting locally to allow undocumented students to pay in-state tuition

Page 14: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

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Other states’ & colleges countermoves

• City University of New York (CUNY) ended their 12 year policy of allowing undocumented immigrants who attended a New York high school to pay the in-state tuition.

• Wisconsin Governor Scott McCallum vetoed a legislative decision allowing aliens to pay in-state tuition arguing that the 1996 immigration law prohibits benefits to aliens unless the same benefit is provided to all US citizens

Page 15: Higher Education for Immigrant Students -------------------------------------------------------------------------- Dr. Roberto E. Treviño Department of

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Visit our website at:www.go2college.org

Dr. Roberto E. TreviñoDepartment of Educational Leadership / College of Education

University of North Texas / Denton, Texas 76203-1337

(Office) 940.565.2940 / (Home) 940.566.5265

(E-Mail) [email protected] / [email protected]

Alejandra RincónEmergency Immigrant Education Program / Houston ISD

[email protected]

(713) 779-1866 (W)