Undocumented Immigrants Nationally and in Minnesota 

• As of March 2005, the Pew Hispanic Center estimated the current number of undocumented immigrants in the U.S. to be 11 million, of which 6 million are from Mexico.(1)
• The number of undocumented people residing in Minnesota is difficult to estimate. A report commissioned by Governor Pawlenty gives a range between 80,000 to 85,000 based on statistics provided by the Urban Institute and the Pew Hispanic Institute.(2) The specialist on immigration from the Minnesota State Demographer’s Office estimates the number to be much lower, between 26,400 to 28,050.(3)

Undocumented Students

• In the U.S. there are 1.7 million undocumented youth under age 18,(4) with approximately 1.3 million having lived in the US for 5 years or more and enrolled in K-12 schools in the year 2002.(5)
• 1.5% of all children PK-5th are undocumented, and 3% of youth grades 6-12 do not have legal immigration status.(6)
• About 80,000 undocumented immigrants turn 18 each year. 16-20% of them fail to complete high school.(7)
• Only 1 out of every 20 (5%) of undocumented high school seniors attends college.(8)
• Of undocumented high school graduates who have lived in the U.S. for at least 5 years, only 20% enroll in post-secondary education.(9)
• Those who graduate from college cannot work legally in the U.S.(10)

Higher Education for Undocumented Students

• Federal law does not prevent admission of undocumented students to post-secondary institutions, nor does it require proof of citizenship or immigration status for enrollment.(11)
• Section 505 of the Illegal Immigration Reform and Responsibility Act of 1996 prohibits states from giving in-state tuition to undocumented residents if they do not offer the same benefits to out-of-state citizens.(12)
• 9 states have passed legislation allowing undocumented graduates of state high schools to pay in-state tuition for colleges and universities. These states are Texas, California, Utah, Washington, New York, Oklahoma, Illinois, Kansas, and New Mexico.(13) Minnesota has considered such legislation in the 2003, 2004, and 2005 legislative sessions where it has received substantial bipartisan support, but did not pass.
• These states base eligibility on a combination of state K-12 school attendance, and graduation or equivalency, and not on residency.(14)
• The Kansas in-state tuition law was challenged in 2005 and upheld in federal district court.(15)
• Federal law prohibits undocumented students from receiving federal loans and grants, including work-study jobs.  They are ineligible for educational assistance in most states, including Minnesota.(16)
• If a citizen student has an undocumented parent without a valid social security number, they should use 000-00-0000 on the FAFSA for financial aid.(17) (4% of students in grades 6 through 12 have an undocumented parent.)(18)
• Some Minnesota Colleges and Universities are operating tuition-pilot programs that offer in-state tuition to all students, including the undocumented.  Participating MnSCUschools that charge in-state tuition rates to undocumented students are Bemidji State University, Central Lakes College, Minnesota State Community and Technical College, Minnesota State University Mankato, Minnesota State University Moorhead, Minnesota West College, Northeast Higher Education District, Northland College, Northwest Technical College - Bemidji, Ridgewater College, South Central College, Southwest State University, and St. Cloud State University. (Expected soon:  Minneapolis Community Technical College.) (19)

Educational Rights of Undocumented Students

Plyer vs Doe was a 1982 Supreme Court case that guaranteed the rights of undocumented students to attend K-12 public schools under equal protection provisions of the 14th Amendment.(20)

To Comply with Plyer vs Doe, Schools Should:

• Act to preserve the right of access to education; (21)
• Guard the confidentiality of immigration status under the Family Education and Privacy Act (FERPA); (22)
• Assign a school-generated I.D. number; (23)
• May ask for immunization documentation (or exemption for medical or religious reasons); (24)
• May ask for proof of residency, transcripts to verify age (birth certificates, hospital records or affidavits can verify age); (25)
• Allow participation in special programs including the Emergency Immigrant Education Program, Transitional Program for Refugee Children, Bilingual Education Program, Chapter 1, Headstart, Special education, and Free & Reduced Meal Programs; and (26)
• In applying for Free and Reduced Meal Programs schools should communicate to parents that though a social security number is asked for, it is only used for federal funding and is not required. Undocumented parents need only indicate they do not have a social security number.(27)

To Comply with Plyer Vs. Doe, Schools Must Avoid:

• Refusing enrollment for not providing a birth certificate or social security number; (28)
• Asking about immigration status or for documentation; (29)
• Treating students differently based on undocumented status; (30)
• Questions that might expose the status of parents or students; (31)
• Refusing participation in programs based on status; (32)
• Engaging in practices to “chill” access to school (cause fear); (33)
• Disparity – different rules according to individual / group characteristics; (34)
• Requiring application for a social security number; (35)
• Contacting ICE (immigration enforcement) about an undocumented student or allowing ICE access to school without a warrant or subpoena; and (36)
• Mandate caretakers establish legal guardianship for access to education in the district; a notarized affidavit to assure acceptance of responsibility for the child is sufficient. (37)

Sources

1  Passel, Jeffrey. “Estimates of the Size and Characteristics of the Undocumented Population. Pew Hispanic Center. 2005. Accessed Feb. 06 from: http://pewhispanic.org/files/reports/44.pdf.

2  Minnesota Department of Administration’s Office of Strategic Planning and Results Management. “The Impact of Illegal Immigration on Minnesota: Costs and Population Trends.” Dec, 2005.  Accessed Feb. 06 from:  http://www.state.mn.us

3  Peterson and Browning. “Validity of immigrant report is questioned.” Star Tribune. Dec 23, 2005 accessed Feb. 2006 at http://www.startribune.com/462/story/141163.html.

4  Passel, Jeffrey. “Estimates of the Size and Characteristics of the Undocumented Population. Pew Hispanic Center. 2005. Accessed Feb. 06 from: http://pewhispanic.org/files/reports/44.pdf.

5   Protopsaltis, Spiros. “Undocumented Immigrant Students and Access to Higher Education: An Overview of Federal and State Policy.” The Bell Policy Center. 2005. Accessed Feb. 06 from: http://www.thebell.org/pdf/UndocumentedStudents_HigherEd.pdf.

6  Caps, Randy and Fix, Randy et. al. “The New demography of America’s Schools: immigration and the No Child Left Behind Act.” 2005. Accessed Feb. 06 at www.urban.org/uploadedPDF/311230_new_demography.pdf.

7   Protopsaltis, Spiros. “Undocumented Immigrant Students and Access to Higher Education: An Overview of Federal and State Policy.” The Bell Policy Center. 2005. Accessed Feb. 06 from: http://www.thebell.org/pdf/UndocumentedStudents_HigherEd.pdf.

8   ibid

9   ibid

10  “Should Undocumented Immigrants Have Access to In-State Tuition?” American State Colleges and Universities Vol 2, No 6. June 2005. Accessed Feb. 06 from: http://www.aascu.org/policy_matters/pdf/v2n6.pdf.

11  Biswas, Radha Roy. “Access to Community College for Undocumented Immigrants: A Guide for State Policymakers.” Achieving the Dream. 2005. Accessed Feb. 06 from: http://www.jff/PDFDocuments/AccesstoCCUndoc.pdf.

12   “Financial Aid and Scholarships for Undocumented Students.” FinAid. Accessed Feb. 06 from: http://www.finaid.org/otheraid/undocumented.phtml.

13   ibid

14   ibid

15  “Victory for Immigrant Students (and Kansas) in Day vs. Sebelius Case” El Centro’s Advocacy Update Vol. 3 No. 3. Aug, 2005. Accessed Feb 06 from: http://www.elcentro.inc.com/english/special_initiatives/Advocacy%20Update%Final%20705.pdf.

16  “Financial Aid and Scholarships for Undocumented Students.” FinAid. Accessed Feb. 06 from: http://www.finaid.org/otheraid/undocumented.phtml.

17  ibid

18  Caps, Randy and Fix, Randy et. al. “The New demography of America’s Schools: immigration and the No Child Left Behind Act.” 2005. Accessed Feb. 06 at www.urban.org/uploadedPDF/311230_new_demography.pdf.

19  “Board Resolution on Resident Tuition for Undocumented Students Living in Minnesota.” Minnesota State Colleges and Universities Board of Trustees. March 15, 2005. Accessed Feb. 06 from: http://www.mnscu.edu/board/summary/2005-03-undocumented-residency.pdf.

20  Hunter, James and Howley, Craig B. “Undocumented Children in the Schools: Successful Strategies and Policies.” ERIC Digest. ED321962. 1990. Accessed Feb. 06 from: http://www.ericdigests.org/pre-9217/children.htm.

21  ibid

22  ibid

23  “Students’ Rights to Equal Education (Clarified).” Illinois State Board of Education. Accessed Feb. 06 from: http:www.isbe.state.il.us/bilingual/htmls/imfaqs.html.

24  “Serving Undocumented English Language Learners” Missouri Department of Elementary and Secondary Education. Accessed Feb 06 from: http://dese.mo.gov/divimprove/fedprog/discretionarygrants

25  ibid

26  Hunter, James and Howley, Craig B. “Undocumented Children in the Schools: Successful Strategies and Policies.” ERIC Digest. ED321962. 1990. Accessed Feb. 06 from: http://www.ericdigests.org/pre-9217/children.htm.

27  “Students’ Rights to Equal Education (Clarified).” Illinois State Board of Education. Accessed Feb. 06 from: http:www.isbe.state.il.us/bilingual/htmls/imfaqs.html

28  Hunter, James and Howley, Craig B. “Undocumented Children in the Schools: Successful Strategies and Policies.” ERIC Digest. ED321962. 1990. Accessed Feb. 06 from: http://www.ericdigests.org/pre-9217/children.htm.

29  ibid

30  ibid

31  ibid

32  ibid

33  Morse, Susan and Ludovina, Frank. “Responding to Undocumented children in the Schools. ERIC Digest. 1999. Accessed Feb. 06 from: http://www.ericdigests.org/2000-2/schools.htm

34  ibid

35  Hunter, James and Howley, Craig B. “Undocumented Children in the Schools: Successful Strategies and Policies.” ERIC Digest. ED321962. 1990. Accessed Feb. 06 from: http://www.ericdigests.org/pre-9217/children.htm.

36  ibid

37  “Students’ Rights to Equal Education (Clarified).” Illinois State Board of Education. Accessed Feb. 06 from: http:www.isbe.state.il.us/bilingual/htmls/imfaqs.html