Legal Protections for Undocumented Students

Legal Protections for Undocumented Students: Navigating the Educational Landscape

Section 1: Basic Rights and Protections

• The Plyler v. Doe Decision

  • In 1982, the Supreme Court ruled in Plyler v. Doe that undocumented children are entitled to a free public education. This landmark decision established the foundation for legal protections for undocumented students.
  • The Court held that denying undocumented students access to education would violate their equal protection rights under the Fourteenth Amendment.

• The Dream Act and Deferred Action for Childhood Arrivals (DACA)

  • The Dream Act, which has not yet been passed into law, would provide a path to citizenship for undocumented students who meet certain criteria, including being enrolled in school or having graduated from high school.
  • DACA, an executive order created in 2012, provides temporary relief from deportation and work authorization to undocumented immigrants who arrived in the United States as children.

Section 2: Access to Higher Education

• In-State Tuition Rates

  • Many states offer in-state tuition rates to undocumented students who meet certain residency requirements, such as attending high school in the state for a specified number of years.

• Scholarships and Financial Aid

  • Some states and private organizations offer scholarships and financial aid to undocumented students who demonstrate academic excellence and financial need. However, undocumented students are not eligible for federal financial aid.

Section 3: Employment and Career Prospects

• On-Campus Work Authorization

  • Undocumented students enrolled in college are eligible for on-campus work authorization, allowing them to work part-time on campus.

• Post-Graduation Employment

  • DACA recipients can obtain work authorization after graduation, which allows them to legally work in the United States. Undocumented students without DACA may face limited employment options.

Table: Legal Protections for Undocumented Students

Conclusion

Legal protections for undocumented students have evolved over time, providing them with greater access to education and employment opportunities. While challenges remain, the Plyler v. Doe decision and programs like DACA have paved the way for undocumented students to pursue their dreams and contribute to society.

Readers, if you’re interested in learning more about legal protections for undocumented students, check out our other articles:

• The Legal Landscape for Undocumented Students
• The Impact of DACA on Undocumented Students
• Resources for Undocumented Students

FAQ about Legal Protections for Undocumented Students

Can undocumented students attend school in the United States?

• Yes, all students, regardless of immigration status, have the right to attend K-12 public schools. There are also many colleges and universities that accept undocumented students.

Can undocumented students get financial aid?

• Undocumented students are not eligible for federal financial aid, such as Pell Grants and Stafford Loans. However, there are many colleges and universities that offer their own financial aid programs to undocumented students.

Can undocumented students work in the United States?

• Yes, undocumented students can work in most jobs with a valid Social Security number. However, there are some jobs that require a valid work authorization document, such as a driver’s license.

I’m an undocumented student. Do I have any rights?

• Yes, you have the same rights as all other students in the United States. This includes the right to free speech, the right to an education, and the right to due process of law.

What can I do to protect myself from being deported?

• There are several things you can do to protect yourself from being deported. These include:
  • Maintaining a good academic record
  • Avoiding contact with law enforcement
  • Not associating with gangs or other criminal activity
  • Cooperating with immigration officials if you are stopped

What should I do if I am arrested?

• If you are arrested by immigration officials, you should exercise your right to remain silent and ask for a lawyer. You should also tell your attorney that you are an undocumented student.

What are DACA and DAPA?

• Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) are policies that allow certain undocumented immigrants to temporarily stay in the United States without fear of deportation. DACA is for undocumented immigrants who were brought to the United States as children. DAPA is for undocumented immigrant parents of U.S. citizens or lawful permanent residents.

If I am approved for DACA, can I apply for a driver’s license?

• It depends on the state. Some states do allow undocumented immigrants with DACA to apply for a driver’s license, while others do not.

If I have DACA, can I travel outside of the United States?

• Yes, but you must first apply for and receive advance parole from the Department of Homeland Security.

What resources are available to help undocumented students?

• There are many resources available to help undocumented students. These include:
  • The National Immigration Law Center
  • The American Immigration Council
  • The United We Dream Network
  • The Immigrants’ Rights Project of the American Civil Liberties Union