State Legislation Supporting Undocumented Students in North Carolina

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


As of June 2021, there are no specific state laws in North Carolina that provide support for undocumented students. However, the state does have several policies and programs in place that can benefit undocumented students in accessing education and other resources. These include:

1. The Deferred Action for Childhood Arrivals (DACA) program: This federal program allows eligible undocumented individuals who arrived in the US as children to receive a work permit and relief from deportation for renewable periods of two years.

2. In-state tuition rates for DACA recipients: In 2015, North Carolina passed a law allowing DACA recipients to pay in-state tuition rates at public colleges and universities.

3. Access to financial aid: Undocumented students are not eligible for federal financial aid, but they may be able to receive state or institutional aid if they meet certain criteria.

4. Non-discrimination policies: Several public universities in North Carolina, including the University of North Carolina system, have policies that prohibit discrimination against undocumented students based on their immigration status.

5. Education programs for English language learners: The state provides funding for programs that help English language learners succeed in school, which can benefit undocumented students as well.

It is important to note that these policies and programs do not provide comprehensive support for undocumented students, and there is still significant room for improvement in this area. Some advocacy groups in North Carolina are pushing for legislation that would provide greater support and resources specifically for undocumented students.

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


North Carolina has some policies and laws that differentiate it from its neighboring states when it comes to undocumented students.

1. In-State Tuition: North Carolina, along with Tennessee, is one of two states in the Southeast region that prohibits undocumented students from receiving in-state tuition rates at public colleges and universities. This means that undocumented students have to pay out-of-state tuition rates, which can be significantly higher.

2. Access to Higher Education: Unlike Virginia and Georgia, North Carolina does not have a state law or policy that explicitly allows or prohibits undocumented students from attending its public colleges and universities. However, some of the institutions may have their own policies regarding undocumented student admissions.

3. Driver’s Licenses: North Carolina allows for undocumented individuals to obtain driver’s licenses if they can provide proof of residency and submit fingerprints for a background check. This policy is similar to South Carolina and Tennessee but differs from Georgia, which does not allow for any type of license for undocumented individuals.

4. In-State Benefits: Among its neighboring states, only North Carolina denies certain benefits such as social services to individuals who are not lawfully present in the United States. This means that access to health care and other social services may be limited for undocumented students living in North Carolina compared to those in surrounding states.

5. DREAM Act Eligibility: Like all other Southeast states except Georgia, North Carolina allows eligible undocumented youth to pay in-state tuition rates under the Deferred Action for Childhood Arrivals (DREAM) Act. However,the state also restricts these students’ access to some forms of need-based financial aid.

Overall, while there are differences among Southeast states in terms of policies and laws affecting undocumented students, North Carolina is generally considered more restrictive compared to its neighboring states.

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


Yes, there are currently two proposed bills in North Carolina that would benefit undocumented students:

1. The In-State Tuition Equity Act (HB 319) would allow undocumented students who have graduated from a North Carolina high school and lived in the state for at least two years to pay in-state tuition rates at public universities and community colleges.

2. The NC Prosperity Act (HB 646) would grant undocumented students access to state financial aid programs, such as the NC Education Lottery Scholarship, the Teaching Fellows Program, and the UNC Need-Based Grant.

If passed, these bills would provide important educational opportunities and financial assistance to undocumented students in North Carolina.

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


Yes, there have been successful initiatives and programs implemented in North Carolina to support undocumented students. Some of these include:

1. In-State Tuition for Undocumented Students: In 2015, North Carolina’s Board of Governors voted to extend in-state tuition rates to undocumented students who meet certain criteria, such as residing in the state for at least three years, graduating from a high school in North Carolina, and being involved in the DACA program. This has allowed more undocumented students to access higher education at a more affordable cost.

2. The Dream.US Scholarship Program: Founded by Donald Graham and established in partnership with Wake Forest University and other colleges and universities in North Carolina, this scholarship program provides funding and support to low-income immigrant students, including those without legal status.

3. UndocuScholars Initiative: This initiative, launched by the University of North Carolina at Chapel Hill’s Center for Global Initiatives, provides resources and support to undocumented students on campus through mentoring programs, scholarships, and educational workshops.

4. Colleges Supporting Undocumented Students: Several colleges and universities in North Carolina have created resource centers specifically for undocumented students. Some examples include the Office of Multicultural Affairs at Appalachian State University, the DREAM Center at Durham Technical Community College, and the Scholars’ Latino Initiative at UNC Greensboro.

5. Advocacy Groups: There are also several organizations advocating for undocumented students’ rights in North Carolina, such as El Pueblo Inc., which offers various programs focused on leadership development and community organizing for immigrant youth.

6. Professional Development Programs: The UNC-Chapel Hill School of Education offers a professional development program called “Integrating Practice & Pedagogy: Supporting Immigrant/Undocumented Students” that aims to train teachers on how to better serve undocumented students in their classrooms.

7. Legal Assistance: Organizations such as The North Carolina Justice Center’s Immigrants’ Rights Project provide legal assistance to undocumented individuals facing deportation or other legal issues.

Overall, while there is still much work to be done, these initiatives and programs have made a positive impact in supporting undocumented students in North Carolina and helping them access education and resources.

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


1. Lack of Legal Status: Undocumented students do not have legal immigration status in the United States and are therefore not eligible for federal financial aid, including grants, loans, and work-study programs. This can make it difficult for them to afford higher education and access resources that would help them succeed in school.

2. Limited Access to In-State Tuition: In-state tuition rates are significantly lower than out-of-state tuition rates at public colleges and universities. However, undocumented students are not eligible for in-state tuition in North Carolina, making it more expensive for them to attend college in their home state.

3. Language Barriers: Many undocumented students may come from immigrant families who speak a language other than English at home. This can create additional challenges when trying to navigate the education system and communicate with school officials.

4. Fear of Deportation: Undocumented students live with the constant fear of deportation, which can affect their mental health and well-being. This fear can also hinder their ability to focus on their studies and achieve academic success.

5. Limited Educational Opportunities: Due to their legal status, undocumented students may be excluded from certain educational opportunities such as internships, study abroad programs, or research opportunities that could enhance their learning experience and future career prospects.

6. Lack of Information/Resources: Many undocumented students may not be aware of the resources available to them or how to access them due to limited information or outreach efforts directed towards this population.

7. Discrimination: Undocumented students often face discrimination and prejudice based on their legal status, which can create a hostile learning environment that hinders their academic progress.

8. Limited Professional Opportunities: After graduation, undocumented students may face barriers when it comes to finding employment due to restrictions on work authorization for individuals without legal status.

9. Inadequate Support Services: There is a lack of support services specifically tailored towards undocumented students in North Carolina universities, making it difficult for them to seek assistance when needed.

10. Constantly Changing Policies: Changes in immigration policies and regulations at the federal and state level can greatly impact undocumented students’ ability to access education or continue their studies, creating uncertainty and instability.

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


Recent federal immigration policy, specifically the rescission of the Deferred Action for Childhood Arrivals (DACA) program by the Trump administration, has had a significant impact on legislation regarding undocumented students in North Carolina. This has caused uncertainty and fear among undocumented students and their families, as well as a sense of urgency for state lawmakers to pass legislation to protect them.

In response to these changes at the federal level, Governor Roy Cooper issued an executive order in 2017 that directed state agencies to “develop protocols that help unauthorized immigrants obtain essential services” such as education and healthcare. This executive order also called on lawmakers to pass legislation that would grant in-state tuition rates for DACA recipients and other undocumented students.

Following this executive order, several bills were introduced in the North Carolina General Assembly to address the issue of in-state tuition for undocumented students. However, none of these bills have been passed into law yet.

One notable piece of legislation is House Bill 357, also known as the “North Carolina Prosperity Act,” which was introduced in 2019. This bill would allow DACA recipients and other undocumented students who have attended high school in North Carolina for at least three years to be eligible for in-state tuition at community colleges and public universities. It also requires these students to file an affidavit stating their intent to legalize their immigration status as soon as they are eligible.

However, this bill has faced opposition from some lawmakers who argue that it goes against federal law and could lead to costly legal battles for the state. Currently, it is still pending approval by a House committee before it can be considered by the full House.

Other efforts have been made at the local level as well. In 2017, Wake County became the first county in North Carolina to approve a policy allowing undocumented students who graduate from high school within the county’s borders to pay in-state tuition at participating community colleges and public universities within North Carolina.

Overall, recent federal immigration policy changes have increased the urgency for North Carolina lawmakers to pass legislation that provides protections for undocumented students, specifically in terms of access to higher education. However, progress has been slow and it remains a divisive issue in the state legislature.

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

Yes, there are resources available for undocumented students attending colleges/universities in North Carolina. Some examples include:

– Immigrant & Refugee Rights Project from the North Carolina Justice Center: provides legal assistance and advocacy for immigrant individuals and families, including undocumented students.
– Education NC: offers a list of scholarships and resources specifically for undocumented students in North Carolina.
– The University of North Carolina System’s “Equal Opportunity and Diversity” website: includes information on policies and resources for immigrant and undocumented students at participating UNC institutions.
– The North Carolina Undocumented Youth Alliance: works to support and empower undocumented students through leadership development, education, community engagement, and advocacy.
– ScholarshipsA-Z: a volunteer-run organization that aims to help undocumented students access higher education by providing scholarships, resources, and support. They have a specific page dedicated to scholarships for undocumented students in North Carolina.

Additionally, individual colleges and universities may have their own programs or resources available for undocumented students. It is recommended that prospective or current undocumented college students reach out to the institution’s admissions office or diversity/inclusion office for more information.

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

The K-12 education system in North Carolina is required to provide education to all students, including undocumented students, as mandated by federal law. This means that undocumented students have the right to enroll and attend public schools in North Carolina, and are entitled to the same educational opportunities and resources as their peers.

In addition, North Carolina has specific policies in place to support undocumented students in its K-12 education system:

1. No requirement of citizenship status: The North Carolina Department of Public Instruction has made it clear that school districts cannot require proof of citizenship or immigration status as a condition for enrollment.

2. In-state tuition for qualifying undocumented students: Undocumented students who have attended at least three years of high school or received a high school diploma from a North Carolina high school may be eligible for in-state tuition at state universities and community colleges.

3. Inclusion of English Language Learners (ELL) program: Schools are required by law to identify and support English Language Learners (ELL), including those who are undocumented, through specialized language instruction and other support services.

4. School-based counseling services: Many schools in North Carolina offer counseling services specifically for immigrant and refugee students, which can provide information on college admissions and financial aid resources for undocumented students.

5. Bilingual education programs: Some schools offer bilingual education programs that help immigrant students improve their English proficiency while maintaining their native language skills.

6. Supportive policies against bullying and discrimination: Schools in North Carolina have anti-bullying policies that protect all students from harassment or discrimination based on their immigration status.

Overall, the K-12 education system in North Carolina is committed to providing equal educational opportunities for all students, regardless of their immigration status. There are ongoing efforts at the state level to ensure that undocumented students have access to quality education and support services. However, challenges still remain for many undocumented youth trying to navigate the complexities of the education system without proper resources or legal status.

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


Yes, there is a state-level program called the North Carolina Dream Act, which was signed into law in 2015. This act allows eligible DACA recipients and certain undocumented students to pay in-state tuition rates at North Carolina’s public universities and community colleges. In addition, there are several private scholarships available specifically for Dreamers or DACA recipients in North Carolina, such as the Golden Door Scholars Program and the Hispanic Scholarship Fund.

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


Some actions that educators and advocates have taken to push for stronger legislation supporting undocumented students in North Carolina include:
1. Lobbying state legislators: Educators and advocates have met with state legislators to discuss issues impacting undocumented students and push for policies that would support their education.
2. Organizing rallies and protests: Groups such as Student Action with Farmworkers, UndocuGrads, and the NC Dream Coalition have organized rallies and protests to bring attention to the challenges faced by undocumented students in North Carolina and advocate for policy changes.
3. Hosting forums and workshops: Educators and advocates have held informational forums and workshops to educate community members, lawmakers, and schools about the barriers faced by undocumented students and how they can be addressed through legislation.
4. Building networks of support: Organizations like El Pueblo, Inc. have created networks of support for undocumented students, connecting them with resources such as legal aid or mental health support.
5. Challenging discriminatory policies: Educators and advocacy groups have pushed back against discriminatory policies at the local, state, and national level that deny educational opportunities to undocumented students.
6. Conducting research: Some organizations have conducted research on the educational experiences of undocumented students in North Carolina in order to provide data-driven recommendations for policy changes.
7. Collaborating with community partners: Educators work closely with community-based organizations, faith groups, unions, immigrant rights organizations, and other allies to build a coalition pushing for legislative change.
8. Providing trainings: Some organizations offer trainings for teachers on how to create safe learning environments for undocumented students or provide educational materials about their rights under current laws.
9. Engaging in public education campaigns: Advocates use social media campaigns, public speaking events, or storytelling projects to raise awareness about the barriers faced by undocumented students in gaining access to higher education opportunities.
10. Supporting lawsuits: Some educators join lawsuits filed against discriminatory policies or laws that unfairly impact undocumented students’ access to education.

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

There are no specific limitations or restrictions placed on undocumented students accessing higher education in North Carolina. Under the state’s existing policies, undocumented students are able to attend college and pay in-state tuition if they meet certain requirements, such as attending a North Carolina high school for at least three years and graduating from an accredited high school in the state. However, state law prohibits undocumented students from receiving financial aid or scholarships administered by the state.

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


Yes, there has been some backlash and opposition towards state legislation supporting undocumented students in North Carolina. Some opponents argue that providing in-state tuition or financial aid to undocumented students takes away resources and opportunities from legal residents. They also argue that it gives an incentive for more people to enter the country illegally.

In 2018, a bill was introduced in the North Carolina General Assembly that would have prohibited public universities and community colleges from giving in-state tuition to undocumented students. However, the bill did not pass.

There have also been protests against immigration policies and legislation supporting undocumented students in North Carolina. In 2017, there were demonstrations at UNC Chapel Hill calling for sanctuary campus policies to protect undocumented students and their families from deportation.

Additionally, some conservative groups have filed lawsuits against programs such as Deferred Action for Childhood Arrivals (DACA) and legislation supporting undocumented students in North Carolina. These lawsuits argue that the programs exceed the powers of the Executive Branch and are unconstitutional.

Overall, while there is support for legislation supporting undocumented students in North Carolina, there is also strong opposition and controversy surrounding these measures.

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

Local school districts and universities play a critical role in implementing state policies for undocumented students. They are responsible for ensuring that all students, regardless of their immigration status, have access to education and support services.

In many states, local school districts have developed policies and procedures to protect the privacy of undocumented students and prevent discrimination against them. This includes limited sharing of information with federal immigration authorities and prohibiting inquiries about a student’s immigration status during enrollment or registration.

Universities also play an important role in supporting undocumented students. Many colleges and universities have designated staff or offices to provide resources and support for undocumented students, such as financial aid assistance and mental health counseling. Some universities also offer scholarships specifically for undocumented students.

Additionally, local school districts and universities can work with community organizations to connect students with legal resources and advocacy groups that can help them navigate complex immigration laws. These partnerships can also provide valuable support networks for undocumented students.

Overall, the cooperation between state policies, local school districts, and universities is crucial in creating a safe and inclusive environment for undocumented students to pursue their education.

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


Yes, data on the enrollment, graduation rates, and academic success of undocumented college/university students in North Carolina is available from various sources. However, it can be difficult to obtain accurate data due to the sensitive nature of a student’s immigration status.

One source of data is the National UnDACAmented Research Project (NURP), which conducts surveys and collects data on undocumented students across the United States. According to their 2017 report on North Carolina, there were approximately 44,000 undocumented individuals enrolled in colleges and universities in the state. Of these students, about half were enrolled in community colleges and half were enrolled in four-year institutions.

In terms of graduation rates, a study conducted by the University of North Carolina’s Center for Global Initiatives found that DACA-eligible students have a higher six-year graduation rate (83%) than their non-DACA peers (75%). Additionally, another study by TheDream.US found that their scholar recipients had a 90% retention rate from year to year.

However, it should be noted that these studies may not capture the full picture as they mainly focus on DACA-eligible students who are able to disclose their status and access resources and support services for undocumented students. Undocumented students who do not have DACA or do not disclose their status may face additional challenges which could impact their enrollment and academic success.

Overall, while there is data available on the enrollment and success of undocumented college/university students in North Carolina, it can be incomplete and may not fully reflect the experiences of all undocumented students in the state.

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


The availability of financial aid, both at the state and federal level, has a significant impact on access to education for undocumented students in North Carolina. Undocumented students in North Carolina do not have access to federal financial aid programs such as Pell Grants and federally subsidized loans, which are critical sources of funding for many low-income students. Additionally, they are also ineligible for North Carolina state-funded financial aid programs like the UNC Need-Based Grant and the North Carolina Education Lottery Scholarship.

This lack of access to financial aid makes it difficult for undocumented students to afford higher education, as they must pay out-of-state tuition rates at public universities and often face limited resources to cover these costs. As a result, many undocumented students may be forced to attend community colleges or forgo higher education altogether.

Furthermore, without financial aid, many undocumented students may also struggle with meeting basic needs such as housing and food while attending school. This can create additional barriers and challenges that limit their ability to succeed in higher education.

Overall, the limited availability of financial aid greatly impacts access to education for undocumented students in North Carolina by creating significant financial barriers. Without access to these resources, many talented and deserving individuals are unable to pursue their educational goals and realize their full potential.

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


In North Carolina, lawmakers have made some efforts to address issues of discrimination against undocumented students within educational institutions. These include:

1. In-State Tuition: In 2015, the North Carolina General Assembly passed a law that allows undocumented students who have attended high school in the state for at least three years and have graduated or obtained their GED to pay in-state tuition at community colleges and public universities.

2. Safe Schools Act: In 2014, the General Assembly passed the “North Carolina Safe Schools Act,” which prohibits school officials from asking about students’ immigration status and limits cooperation with immigration authorities without a court order.

3. Access to Education: Under state law, all children in North Carolina are entitled to a free public education regardless of their immigration status. Public schools are not allowed to deny enrollment or otherwise discriminate against any student based on their immigration status.

4. Anti-Bullying Policies: Many schools districts in North Carolina have adopted anti-bullying policies that specifically protect students from bullying based on their race, national origin, and other factors related to their immigrant status.

5. Promotion of Diversity and Inclusion: Various advocacy groups and organizations work with schools to promote diversity and inclusion by providing resources for educators to create welcoming environments for all students, regardless of their background or immigration status.

6.Protections Against Retaliation: Title VI of the Civil Rights Act protects all students from retaliation after they engage in activities protected by this act (such as reporting discriminatory actions). This includes undocumented students who may fear reporting discrimination or harassment due to their immigration status.

7. State Government Efforts: The Governor’s Advisory Council on Hispanic/Latino Affairs is responsible for advising federal, state, and local governmental agencies on ways to improve services provided to Hispanic/Latino communities in North Carolina, including addressing issues faced by undocumented students in educational institutions.

While these efforts have provided some protections for undocumented students in North Carolina’s educational institutions, there is still room for improvement to ensure all students have equal access to education without fear of discrimination based on their immigration status.

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


Compliance with federal immigration law can have a significant impact on policies and protections for immigrant and refugee children attending schools in North Carolina. The federal government has the authority to enforce immigration laws, including deportation of undocumented immigrants, which can create a climate of fear and uncertainty for immigrant families.

This fear can result in parents not enrolling their children in school or keeping them out of school due to concerns about their legal status being discovered. This, in turn, can lead to lower attendance rates and lower academic performance among immigrant and refugee students.

In addition, policies such as the Deferred Action for Childhood Arrivals (DACA) program, which provides temporary protection from deportation for certain undocumented immigrants who came to the US as children, have a direct impact on the educational opportunities available to these students. If DACA were to be revoked, it could potentially disrupt the education of these students by preventing them from obtaining work permits and accessing higher education opportunities.

Moreover, compliance with immigration laws can also affect the ability of schools to provide certain services and resources for immigrant and refugee students. For example, if schools are required to comply with federal requests to share student records or information regarding a student’s immigration status, it could compromise the trust between schools and immigrant communities and deter families from seeking assistance or support from school staff.

Overall, compliance with federal immigration laws can create barriers for immigrant and refugee children attending schools in North Carolina, making it harder for them to access education and receive necessary support services. It is important for schools to have policies in place that protect the rights of all students regardless of their immigration status in order to promote inclusivity and support the success of all students.

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

No, community colleges and universities in North Carolina are not required by law to specifically accommodate and support undocumented students. However, these institutions must comply with federal laws, such as the Family Educational Rights and Privacy Act (FERPA) and Title IX, which provide certain protections for all enrolled students regardless of their immigration status. Additionally, community colleges are required to follow admission policies that do not discriminate against certain groups of students, including undocumented students. Some schools in North Carolina may also have policies or programs in place to support undocumented students and provide resources for them.

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

There are several resources available to assist undocumented students in North Carolina with the college admissions process. These include:

1. The North Carolina Dreamers website: This website provides information on college admission, financial aid, and other resources specifically for undocumented students in North Carolina.

2. Undocumented Student Program at UNC Chapel Hill: This program provides a resource guide and one-on-one advising for undocumented students seeking admission to the university.

3. The Dreamers Resource Center at Duke University: This center offers support, mentorship, and workshops for undocumented students as they navigate the college application process.

4. College Foundation of North Carolina (CFNC): CFNC is a free service that provides assistance with college applications, financial aid, and career planning for all students in North Carolina, including undocumented students.

5. College Board’s Resources for Undocumented Students: College Board offers a guide specifically designed for undocumented students, including information on paying for college and the college admissions process.

6. Immigrant Legal Assistance Project (ILAP): ILAP is a non-profit organization that connects immigrant families with legal representation and educational support services, including help with college applications and financial aid for undocumented students.

7. ScholarshipsA-Z: This organization offers a list of scholarships specifically tailored for undocumented students in North Carolina.

8. Local immigrant advocacy organizations: There may be local organizations in your community that offer support and guidance to undocumented students seeking to attend college. These can include legal assistance, mentorship programs, and resources specific to your local area.

It is important for undocumented students to also reach out to their high school counselors or teachers who may have knowledge of additional resources available within their community.

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


The overall sentiment of residents in North Carolina towards state legislation supporting undocumented students is mixed. Some residents support such legislation, viewing it as a way to provide equal educational opportunities for all students. They believe that undocumented students who have been raised and educated in the state should not be penalized for their immigration status and deserve access to higher education.

On the other hand, some residents oppose this type of legislation, arguing that it rewards illegal behavior and takes away opportunities from legal residents. They believe that prioritizing undocumented students over citizens or legal immigrants can also put a strain on state resources.

There are also those who are indifferent about this issue or have not formed a strong opinion on it. However, with the growing number of immigrant communities in North Carolina and nationwide, there has been a gradual shift towards more support for legislation that would benefit undocumented students in recent years.