State Legislation Supporting Undocumented Students in Texas

1. What is the current status of legislation on supporting undocumented students in Texas?

At the moment, there is no specific legislation in Texas that directly addresses support for undocumented students. However, there are existing policies and programs that provide some support and resources for these students.

2. What is SB 1528?
SB 1528, also known as the “Texas Dream Act,” was a bill passed in 2001 that allows certain undocumented students to pay in-state tuition rates at public colleges and universities in Texas if they meet certain requirements, such as graduating from a Texas high school and living in the state for at least three years. This bill has been criticized by some for providing benefits to undocumented individuals, but it remains in effect today.

2. How does Texas compare to neighboring states in terms of policies and laws for undocumented students?

3. What are the main challenges faced by undocumented students in Texas?
4. How have recent policies and changes at the federal level affected undocumented students in Texas?
5. How do schools and universities in Texas support undocumented students?
6. What resources are available for undocumented students in Texas?
7. What are the current debates and discussions surrounding undocumented students’ access to higher education in Texas?
8. How does the Deferred Action for Childhood Arrivals (DACA) program impact undocumented students in Texas?
9. Are there any proposed policies or legislation that could potentially affect undocumented students in Texas?
10. What steps can be taken to improve support and opportunities for undocumented students in Texas?

3. Are there any proposed changes or updates to legislation that would benefit undocumented students in Texas?


There are no pending changes or updates to legislation specifically aimed at benefiting undocumented students in Texas. However, there have been ongoing efforts and proposals to provide in-state tuition rates for undocumented students at public colleges and universities in the state.

In 2001, Texas passed HB 1403, also known as the “Texas DREAM Act,” which allows undocumented students who meet certain qualifications (such as attending a Texas high school for three years and graduating) to pay in-state tuition rates at public colleges and universities. This law has faced challenges and attempts to repeal it but remains in effect.

In recent years, there have been proposed bills that would expand eligibility for in-state tuition rates to more undocumented students, such as SB 1819 in 2017 and SB 697 in 2019, but these bills did not pass.

Another potential change that could benefit undocumented students is implementing state financial aid programs for them. Currently, undocumented students are not eligible for federal financial aid, but some states have created their own programs to provide financial assistance to these students. Texas does not currently have any state-funded financial aid programs for undocumented students.

Overall, it is important for individuals interested in this topic to stay updated on legislative developments and advocacy efforts related to supporting undocumented students in Texas.

4. Have there been any successful initiatives or programs implemented in Texas to support undocumented students?


Yes, there have been several successful initiatives and programs implemented in Texas to support undocumented students. Some examples include:

1. In-state tuition for undocumented students: In 2001, Texas became the first state to pass a law allowing undocumented students who meet certain residency and academic requirements to pay in-state tuition rates at public colleges and universities.

2. The TEXAS Grant Program: This state-funded financial aid program provides need-based grants to eligible Texas residents, including undocumented students, who attend public colleges and universities in Texas.

3. College Access Programs: Organizations such as the Educate Texas project and the College Assistance Migrant Program (CAMP) provide resources and support to assist undocumented students with college preparation, enrollment, financial aid, and academic success.

4. Deferred Action for Childhood Arrivals (DACA): In 2012, the Obama Administration introduced DACA as a temporary relief program for young undocumented immigrants who came to the U.S. as children. Eligible recipients can apply for work authorization and are protected from deportation for two years.

5. Undocumented Student Centers: Universities such as the University of Texas at Austin, University of Houston, and University of North Texas have established centers specifically designed to support undocumented students by providing resources like legal services, financial aid advising, mentorship opportunities, mental health services, and more.

6.The Equal Opportunity Scholarship Fund (EOSF): Established by philanthropist George Soros in 1997, this fund provides scholarships for financially disadvantaged but high-performing Texas high school graduates—including those without legal status—so they can attend college in their home state.

7.Texas Dream Act Grant: This grant is available through the Texas Higher Education Coordinating Board for eligible students under Senate Bill 1528 that seek equal higher education access regardless of immigration status

8.Private Scholarships: Several private scholarships are available specifically for undocumented students or all immigrant students regardless of citizenship status such as TheDream.US, Education is Freedom, and others.

9. College fairs and information sessions: Organizations such as the Hispanic Scholarship Fund, League of United Latin American Citizens (LULAC), and more organize college fairs and informational sessions to provide resources for undocumented students seeking higher education opportunities.

10. Support from nonprofit organizations and advocacy groups: Nonprofit organizations like MALDEF (Mexican American Legal Defense and Educational Fund) and advocacy groups like United We Dream have been instrumental in providing support and resources for undocumented students in Texas.

5. What challenges do undocumented students face when attempting to access education in Texas?


Undocumented students in Texas face numerous challenges when attempting to access education. Some of these challenges include:

1. Limited financial resources: Undocumented students do not have access to federal financial aid, making it difficult for them to afford college tuition and expenses. In addition, they may not be eligible for in-state tuition rates, which can further increase the cost of education.

2. Legal barriers: In 2001, Texas passed a law prohibiting undocumented students from receiving in-state tuition rates at public universities, which means they have to pay much higher out-of-state tuition rates. This creates a major barrier for many undocumented students who cannot afford the high cost of education.

3. Fear of deportation: Many undocumented students live in fear of being discovered or deported while attending school. This fear can affect their mental health and well-being, making it difficult for them to focus on their studies.

4. Limited educational options: While DACA (Deferred Action for Childhood Arrivals) recipients are eligible to receive in-state tuition and apply for state-funded financial aid in Texas, this only applies to a small percentage of undocumented students who meet specific requirements. Undocumented students who do not qualify for DACA have limited options and may be unable to attend college altogether.

5. Social stigmatization: Undocumented students may face discrimination and stigmatization from their peers due to their immigration status. This can lead to feelings of isolation and make it even more challenging for them to access education.

6. Lack of support services: Undocumented students often lack access to support services such as counseling, career guidance, and networking opportunities that can help them succeed in school and beyond.

7. Language barriers: Many undocumented students come from immigrant families that speak languages other than English at home, which can create added language barriers when trying to navigate the U.S. education system.

8. Difficulty obtaining official documents: Undocumented students may struggle to acquire necessary documents such as identification, social security numbers, and driver’s licenses, which can make it difficult for them to apply for college or secure employment.

6. How has recent federal immigration policy affected legislation regarding undocumented students in Texas?


In recent years, federal immigration policies have had a significant impact on legislation regarding undocumented students in Texas.

1. Deferred Action for Childhood Arrivals (DACA): This policy, established by the Obama administration in 2012, provided temporary protection from deportation and work authorization for individuals who were brought to the U.S. as children and met certain eligibility requirements. Many states, including Texas, passed legislation allowing undocumented students with DACA status to pay in-state tuition at public colleges and universities.

However, in September 2017, the Trump administration announced its plans to terminate the DACA program. This move created uncertainty for thousands of DACA recipients and raised concerns about their eligibility for in-state tuition benefits in states like Texas.

2. Executive Order 13768: In January 2017, President Trump signed Executive Order 13768 which expanded the categories of individuals prioritized for immigration enforcement, including those who have been convicted of any criminal offense (including misdemeanors) or “have committed acts that constitute a chargeable criminal offense.” This has led to increased fear and anxiety among undocumented students and their families.

3. Senate Bill 4: In May 2017, Texas passed Senate Bill 4 which requires local law enforcement officials to cooperate with federal immigration agents and detain individuals suspected of being undocumented immigrants until they can be transferred into federal custody. This bill has led to protests and legal challenges as critics argue that it will discourage undocumented students from attending school or reporting crimes out of fear of being detained or deported.

4. Proposed Changes to Public Charge Rule: The Trump administration recently proposed changes to the “public charge” rule which would make it harder for immigrants who receive government assistance such as Medicaid or food stamps to obtain legal permanent residency (green card). If implemented, this could affect undocumented students who are applying for green cards through family members or employers.

Overall, recent federal immigration policies have created uncertainties for undocumented students in Texas and have led to increased fear and challenges for them in pursuing higher education.

7. Are there specific resources available for undocumented students attending colleges/universities in Texas?

Yes, there are resources available for undocumented students attending colleges/universities in Texas.

– Texas Higher Education Coordinating Board: The Board has a dedicated webpage for undocumented students with information on admissions, financial aid, and scholarships.
– College Advising Corps (CAC): CAC has a partnership with the University of Texas at Austin to provide free college advising and support services for undocumented high school students in Texas.
– Immigrant Legal Resource Center (ILRC): ILRC offers resources and trainings for educators and advocates supporting undocumented students in higher education.
– Scholarships: There are various scholarships available specifically for undocumented students in Texas, such as the Houtan Foundation Scholarship and the DREAM.US National Scholarship Program.
– Dream Centers: Some colleges and universities in Texas have Dream Centers or Undocumented Student Programs to provide support, resources, and advocacy for undocumented students on campus. Examples include the University of North Texas Dream Center and the University of Houston’s Cardenas Center for Equality & Justice.
– Community Organizations: Groups like American Gateways, Workers Defense Project, and United We Dream have offices in Texas that provide legal assistance, education, advocacy, and leadership development opportunities for undocumented individuals.

8. How does the K-12 education system in Texas address the needs of undocumented students?


The K-12 education system in Texas is required by law to provide equal access to education for all students, regardless of their immigration status. Undocumented students have the right to attend public schools in Texas and receive a free public education.

One way that the K-12 education system addresses the needs of undocumented students is through the Texas Education Agency’s Migrant Education Program. This program provides specialized services and support to students whose families move frequently due to agricultural or other types of work. The program also helps with school enrollment, academic support, and transportation for migrant students.

In addition, many schools in Texas have developed policies and supports specifically aimed at supporting undocumented students. For example, some schools have designated staff members who are trained on immigration issues and can provide legal and social support to undocumented students and their families. These staff members can also help with college admissions and financial aid applications for undocumented students.

Furthermore, under the state’s HB 1403 (also known as the “Texas Dream Act”), qualified undocumented students who have lived in Texas for at least three years prior to high school graduation are eligible for in-state tuition rates at public universities. This allows more opportunities for undocumented students to attend college and further their education.

Overall, while there is still room for improvement, the K-12 education system in Texas has made efforts to address the needs of undocumented students and provide them with opportunities for equal access to education.

9. Is there a state-level program or scholarship specifically for Dreamers or DACA recipients in Texas?

No, there is not currently a state-level program or scholarship specifically for Dreamers or DACA recipients in Texas. However, Dreamers and DACA recipients may still be eligible for other state and federal financial aid programs, such as the Texas Tuition Equalization Grant, which provides need-based grants to eligible undergraduate students attending a private or independent college in Texas. Additionally, some universities in Texas have their own scholarships specifically for Dreamers and DACA recipients. It is recommended to research individual universities for more information on available scholarships.

10. What actions have educators and advocates taken to push for stronger legislation supporting undocumented students in Texas?


Educators and advocates have taken several actions to push for stronger legislation supporting undocumented students in Texas, including:

1. Lobbying state lawmakers: Educators and advocates have been meeting with Texas legislators to discuss the issues facing undocumented students and to push for stronger laws and policies that protect their rights.

2. Organizing rallies and protests: Groups such as United We Dream, Immigrant Youth Coalition, and United Latin American Citizens (LULAC) have organized rallies and protests at the state capitol to raise awareness about the challenges faced by undocumented students in Texas.

3. Conducting research and publishing reports: Organizations like Educate Texas and the Center for Public Policy Priorities have conducted research on the barriers facing undocumented students in education and published reports highlighting their findings and recommendations.

4. Providing legal assistance: Pro-bono legal clinics have been established to provide free legal services to undocumented students and their families, helping them understand their rights and navigate the complex legal system.

5. Creating support networks: Organizations such as the University Leadership Initiative, which is led by undocumented students themselves, provide a support network for other undocumented students on college campuses.

6. Collaborating with school districts: Educator groups like Teachers Against Child Detention work closely with school districts to create policies that ensure safe environments for all students regardless of immigration status.

7. Partnering with businesses: Advocates have partnered with businesses in order to increase economic pressure on state lawmakers who are not supportive of pro-immigrant legislation.

8. Engaging communities: Educators and advocates have engaged immigrant communities through community forums, door-to-door canvassing, phone banking, and other outreach efforts to educate residents about the importance of supporting undocumented students.

9. Pushing for financial aid opportunities: Advocates have lobbied for increased access to financial aid for undocumented students through initiatives like Senate Bill 1528 which allows Dreamers (undocumented individuals brought to the US as children) to pay in-state tuition for higher education.

10. Providing resources and guidance: Organizations such as the National Immigration Law Center provide resources and guidance to educators, students, and families on how to navigate the complex legal system and take advantage of available support systems.

11. Are there any limitations or restrictions placed on undocumented students accessing higher education in Texas?


Yes, undocumented students face several limitations and restrictions when it comes to accessing higher education in Texas. Some of these include:

1. In-state tuition eligibility: Undocumented students are not eligible for in-state tuition rates at public colleges and universities in Texas, even if they have lived in the state for a certain period of time or attended high school in the state.

2. Financial aid: Undocumented students are not eligible for federal financial aid such as grants, loans, or work-study programs.

3. Limited scholarship opportunities: Many scholarships require proof of citizenship or legal residency status, making them inaccessible to undocumented students.

4. Admission requirements: Some colleges and universities may require undocumented students to provide proof of citizenship or legal residency status before being admitted.

5. Restrictions on enrollment: Certain courses or programs may be restricted to only U.S. citizens and permanent residents, limiting the options available to undocumented students.

6. Employment restrictions: Undocumented students may face limitations on employment opportunities while studying, hindering their ability to support themselves financially.

7. Higher costs: Because they do not qualify for in-state tuition rates or financial aid, undocumented students may face significantly higher costs when attending college in Texas compared to their documented classmates.

8. Legal barriers: The status of undocumented individuals is subject to change at any time depending on immigration policies and laws, creating uncertainty and instability for those seeking higher education opportunities in Texas.

12. Has there been any backlash or opposition towards state legislation supporting undocumented students in Texas?


Yes, there has been some backlash and opposition towards state legislation supporting undocumented students in Texas. Some critics argue that providing benefits, such as in-state tuition or financial aid, to undocumented students takes away resources from legal residents and is unfair. Others believe that it encourages illegal immigration and goes against federal laws. In 2015, a bill was introduced in the Texas legislature to repeal the state’s policy of offering in-state tuition to undocumented students. However, the bill did not pass.

In addition, there have been protests and rallies in support of stricter immigration policies that would negatively impact undocumented students. Some conservative politicians and groups have also spoken out against legislation supporting undocumented students.

Overall, there is still significant opposition and controversy surrounding state legislation relating to undocumented students in Texas.

13. What role do local school districts and universities play in implementing state policies for undocumented students?


Local school districts and universities play a significant role in implementing state policies for undocumented students. They are responsible for ensuring that all students, regardless of immigration status, have access to education and support services. This includes implementing state-level policies such as the DREAM Act, which allows for in-state tuition rates for undocumented students.

Local school districts also play a crucial role in providing language support and educational resources for English language learners, many of whom may be undocumented. They are also responsible for ensuring that schools are safe and welcoming environments where all students can thrive.

Universities often have dedicated offices or departments that provide resources and support services specifically for undocumented students, such as information about financial aid options, scholarships, and legal assistance. They also work closely with local advocacy groups to advocate for policies that benefit undocumented students at the state level.

In addition, both local school districts and universities can play an important role in providing cultural competency training to staff and faculty on how to support undocumented students in their academic pursuits. This includes creating inclusive campus environments where undocumented students feel safe and included.

Overall, local school districts and universities have an important responsibility in implementing state policies that promote equity and access to education for undocumented students. By working closely together with community organizations and advocacy groups, they can help create supportive environments that allow these students to succeed academically.

14. Is there data available on the enrollment, graduation rates, and academic success of undocumented college/university students in Texas?


Yes, data on the enrollment, graduation rates, and academic success of undocumented college/university students in Texas is available.

According to a 2016 report by the Texas Higher Education Coordinating Board, there were 76,496 undocumented students enrolled in public colleges and universities in Texas during the 2015-2016 academic year. This accounted for 2.8% of the total enrollment at these institutions.

However, it is important to note that this number may be an underestimate as undocumented students may not disclose their immigration status when applying to college. Additionally, this data does not include students at private institutions or community colleges.

Data on graduation rates specifically for undocumented students in Texas is more limited. However, a 2018 research study conducted by The University of Texas at Austin found that among a sample of undocumented students at four-year colleges in Texas, the graduation rate was around 65%. This was slightly lower than the overall graduation rate for all undergraduate students in Texas (69%).

Academic success can be measured in various ways such as GPA and retention rates. A comprehensive search did not reveal any specific data on these measures for undocumented college/university students in Texas. However, studies have shown that these students face unique challenges such as financial barriers, lack of institutional support services, and fears about their immigration status which can impact their academic success.

Overall, while there is limited data available specifically on undocumented college/university students in Texas, existing research indicates that they face significant challenges but are resilient and capable of academic success.

15. How does the availability of financial aid, both at the state and federal level, impact access to education for undocumented students in Texas?


The availability of financial aid, both at the state and federal level, can greatly impact access to education for undocumented students in Texas. Since undocumented students are not eligible for federal financial aid, they must rely on state-based financial aid programs if they want to attend college. However, not all states offer financial aid to undocumented students.

In Texas specifically, undocumented students have limited options when it comes to financial aid. While there are some scholarships and grants available through private organizations or individual universities, most forms of state-based financial aid are not accessible to these students.

At the state level, Texas has laws that prohibit undocumented students from receiving in-state tuition rates or state-funded financial assistance. This means that these students must pay out-of-state tuition rates, which can be prohibitively expensive for many families.

Additionally, the Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation and work authorization for certain undocumented immigrants who came to the United States as children. While this program does not provide any direct financial aid for education, it does provide recipients with the ability to obtain a work permit and potentially earn enough money to help cover educational expenses.

Overall, the lack of access to both state and federal financial aid can severely limit opportunities for undocumented students in Texas. Many may struggle to afford college and face significant barriers in pursuing higher education as a result.

16.What efforts have been made by lawmakers to address issues of discrimination against undocumented students within educational institutions in Texas?


One of the main efforts made by lawmakers to address discrimination against undocumented students within educational institutions in Texas is the implementation of policies and laws that protect their rights and ensure equal access to education. Some specific examples include:

1. In-state tuition: In 2001, Texas became the first state in the US to pass a law allowing undocumented students to pay in-state tuition rates at public colleges and universities, making higher education more affordable for them.

2. DREAM Act: In 2019, Texas passed a law known as the “Texas Dream Act” which allows undocumented students who meet certain criteria to apply for state financial aid to cover tuition and fees at public colleges and universities.

3. Equal opportunity laws: Federal laws such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act prohibit discrimination based on national origin and disability respectively in any program or activity that receives federal funding, including educational institutions.

4. Anti-bullying policies: Many school districts in Texas have adopted anti-bullying policies that specifically address discrimination based on immigration status.

5. Training for educators: The Texas Education Agency offers training programs for educators aimed at promoting cultural understanding and sensitivity towards diverse student populations, including immigrant students.

6. Advocacy groups: Various non-profit organizations, such as MALDEF (Mexican American Legal Defense and Educational Fund) and the United We Dream network, work to advocate for the rights of undocumented students and provide resources and support.

Despite these efforts, discrimination against undocumented students still exists within educational institutions in Texas. Therefore, it is important for policymakers to continue addressing this issue through legislation, education, and advocacy efforts.

17.How does compliance with federal immigration law impact policies and protections for immigrant and refugee children attending schools in Texas?


Compliance with federal immigration law can impact policies and protections for immigrant and refugee children attending schools in Texas in several ways:

1. Access to Education: Federal law, specifically the Plyler v. Doe Supreme Court decision, ensures that all students, regardless of their immigration status, have a right to attend public school in the United States. Schools in Texas are required to enroll and provide education to all students, regardless of their immigration status.

2. Safe Schools: Schools are also required to maintain a safe and welcoming environment for all students, including immigrant and refugee children. Compliance with federal immigration law may ensure that schools do not engage in discriminatory practices that could lead to hostile environments for these students.

3. Privacy Protections: Schools must abide by privacy laws such as the Family Educational Rights and Privacy Act (FERPA), which prevents them from sharing personal information about students without parental consent. This is particularly important for immigrant and refugee children who may have concerns about their or their family’s immigration status.

4. Anti-Discrimination Policies: The Office for Civil Rights (OCR) within the Department of Education enforces laws that prohibit discrimination against students based on race, color, national origin or ancestry, therefore ensuring that immigrant and refugee children are not discriminated against based on their status.

5. Support Services: Federal funding through Title I programs provides additional support and resources for schools with large populations of low-income or limited English proficient students, many of whom may be immigrants or refugees.

In summary, compliance with federal immigration law is crucial in protecting the rights of immigrant and refugee children attending schools in Texas. It ensures that these children have equal access to education, are not discriminated against based on their status, and have a safe and supportive learning environment.

18.Are community colleges/universities required by law to accommodate and support undocumented students in Texas?


No, community colleges and universities in Texas are not legally required to support undocumented students. However, under federal law, public institutions must provide access to primary and secondary education regardless of a student’s immigration status. Additionally, some schools may have programs or policies in place to support and accommodate undocumented students. It is best to check with individual institutions for more information on their specific policies and resources available for undocumented students.

19.What outreach and support services are available to help undocumented students in Texas navigate the college admissions process?


There are several outreach and support services available to help undocumented students in Texas navigate the college admissions process:

1. College Advising Centers: Many colleges and universities in Texas have dedicated advising centers specifically for undocumented students. These centers provide resources and guidance on the admissions process, financial aid, scholarships, and other support services.

2. College Access Programs: Organizations such as American Gateways, Scholarships A-Z, and United We Dream offer college access programs that assist undocumented students in navigating the college admissions process. They provide workshops, one-on-one counseling, and other resources to help with the application process.

3. Outreach Events: Various organizations host outreach events such as college fairs and information sessions specifically for undocumented students. These events provide an opportunity to connect with college representatives and learn about the admissions process.

4. Online Resources: There are several online resources available that provide information and support for undocumented students in Texas seeking higher education. Some examples include TheDream.US, My Undocumented Life, and CollegeBoard’s guide for Undocumented Students.

5. Financial Aid Specialists: Many colleges have financial aid specialists who can help undocumented students understand their eligibility for in-state tuition rates, scholarships, grants, or private loans.

6. Immigrant Rights Clinics: Some universities also have immigrant rights clinics that offer free legal assistance to undocumented students who may need help navigating complex immigration issues relevant to attending college.

7. Mentorship Programs: Mentorship programs like CHISPAS (College Helpers Inspiring Students’ Pursuit of Advanced Studies) connect undocumented high school students with mentors who are currently enrolled in or have graduated from college.

8. Nonprofit Organizations: There are various nonprofit organizations in Texas dedicated to supporting undocumented students through the college admissions process. Some examples include MALDEF (Mexican American Legal Defense and Educational Fund), Education Leaders of Color (ELCO), and Educators for Fair Consideration (E4FC).

20. What is the overall sentiment of residents in Texas towards state legislation supporting undocumented students?


The overall sentiment of residents in Texas towards state legislation supporting undocumented students is mixed. Some residents are supportive of providing education opportunities for all students, regardless of their immigration status. They believe that these students should not be punished for their parents’ actions and should have access to education and opportunities for a better future.

Others, however, are opposed to such legislation, arguing that it encourages illegal immigration and takes away resources from legal residents and citizens.

There have been several protests and debates about this issue in the state, with both sides passionately advocating for their beliefs. Ultimately, the sentiments towards state legislation supporting undocumented students vary among different individuals and communities in Texas.