5 Things Undocumented Students Should Know Before Attending College in the U.S.

Every year, about 98,000 undocumented immigrants graduate from public high schools in the United States. However, less than 10% continue to college, and even fewer complete college and earn a degree.

It’s not a mystery why:

The good news is that as an undocumented student, you actually are eligible to attend college. If you are able to access and earn a college degree, in spite of the limitations and obstacles, it can both improve your chances of remaining in the United States and advance your professional fortunes.

To understand why the rights of undocumented students change so much, you need to understand DACA.

The Obama administration created Deferred Action for Childhood Arrivals (DACA) in 2012 as an extension of the DREAM Act. The DREAM Act is a legislative proposal from 2001 that is intended to provide a path to citizenship for immigrants who arrived in the U.S. as minors, but the bill has yet to be approved by Congress.

Until the DREAM Act is passed, undocumented immigrants who arrived in the country as children can use DACA to obtain legal status, pursue education and work opportunities, and be free from legal persecution.

The term “Dreamers” — used to describe undocumented youth who are at risk of being deported — comes from DACA. More than 700,000 young immigrants have qualified for Dreamer status under DACA since its inception. Applicants who have been previously determined eligible must reapply for this status every two years.

In 2017, the Trump administration began phasing out DACA and stopped accepting new applications, though multiple lawsuits challenged this action. Efforts to dismantle DACA were among Trump’s most controversial policies.

A court order in 2018 blocked the Trump administration’s DACA rollbacks. New applications for DACA resumed in 2021 under the Biden administration.

Two versions of the DREAM Act are currently being considered by Congress: the Dream Act of 2021 and the Dream and Promise Act of 2021. Both bills would provide a path to citizenship for Dreamers.

There are a few resources that can help keep you up-to-date about DACA and the DREAM Act. Make sure you bookmark these resources so that you can refer back to them as you navigate both your education and your residency status.

Every college has its own policy on admitting undocumented students, and state laws similarly vary. Public or private, some schools simply won’t admit students without legal status.

State laws can impact your eligibility to attend a public university, receive state-based financial aid, or pay in-state rates, and the policies vary widely by state.

Whether you can access and finance your education as an undocumented student will depend on your state of residence. Some states have laws designed to assist undocumented students seeking admission to public universities, offering access to in-state tuition rates and state financial aid. Other states have laws restricting these opportunities.

According to the National Conference of State Legislatures, as of 2021, 17 U.S. states have created legislation specifically allowing undocumented students to pay in-state tuition rates. They are:

In addition, the Boards of Regents in the following states allow access to local tuition rates for undocumented students attending public state university system schools:

Arkansas provides in-state tuition eligibility only to undocumented students who have federal work permits or Dreamer status under DACA. Two universities in Delaware — Delaware Technical Community College and the University of Delaware — allow undocumented students to access in-state tuition and finanical aid.

In Virginia, certain students are eligible for in-state tuition regardless of their citizenship or immigration status. These students must have attended a Virginia high school for at least two years, graduated, and been accepted into a higher education university. Students or their parents must also have paid Virginia income tax for two years.

Of the states listed above, there are six states that currently provide both in-state tuition rates and access to state financial aid for undocumented students:

Note that the following states have passed laws that explicitly prohibit undocumented students from receiving financial aid:

Similarly, the following states have laws that prohibit undocumented students from attending public college or universities in the state altogether:

As an undocumented student, you face both financial and bureaucratic challenges, such as completing a Free Application for Federal Student Aid (FAFSA). These challenges are considerably greater if you don’t have DACA status.

Some colleges require students to provide a Social Security number, a valid driver’s license, or a state ID during the application process. While DACA recipients usually have the proper documentation to offer instead of these materials, undocumented students without DACA status likely don’t.

All undocumented students — both DACA recipients and non-DACA immigrants — are ineligible for federal financial aid. However, individual state and universities may provide aid for undocumented students, often on a need-by-need basis.

If you are a DACA recipient, filling out your FAFSA form can help you determine eligibility for financial aid through either your university or your state. It can also help you prepare your application for private scholarships.

You may be concerned that filling out the form will implicate yourself or your family to Immigrations and Customs Enforcement (ICE). But, the Family Educational Rights and Privacy Act (FERPA) strictly protects the privacy of students’ information. According to Michelle Lapointe, an attorney with the Southern Poverty Law Center, school officials can’t share that information with immigration enforcement. Furthermore, the FAFSA form does not ask about your parents’ status.

One thing you don’t have to worry about is standardized testing such as the ACT or SAT, which show colleges and universities how prepared you are for postsecondary education. The ACT and SAT do not ask students to provide a social security number.

Undocumented students have a right to seek a college education in the United States, but it’s much harder than it is for students with full legal status. If you are undocumented, you have access to resources and support networks that can help you overcome legal, financial, and institutional barriers.

Your first stop should be your university’s support network. As you research the top colleges in the country, find out if they offer campus resources for undocumented students. These resources include counseling centers, law centers, and equity centers.

Resource centers for undocumented students are especially common on campuses in states with large immigrant populations, such as California and Texas. The presence of a dedicated resource center can signal that a school is prepared to help its undocumented population.

Campus resources can also open important doors for undocumented students. You can learn more about how to receive financial aid, apply for scholarships, and sign up for tutoring. They can also help you connect with immigrant community groups and cultural support networks, or even access legal counsel.

You can also take your own steps to remain informed and connected. Start with these resources:

These resources can serve as portals to a wealth of contacts, advocacy networks, educational materials, legal action hotlines, scholarships, and community groups. However, this list is not exhaustive; do your own research to find similar resources in your local community.