Running head: WHEN THE AMERICAN DREAM FAILS 1

When the American Dream Fails: The Burdens Undocumented Students Face When Accessing

Higher Education

Jessica Avila-Cuevas

Loyola University Chicago

WHEN THE AMERICAN DREAM FAILS 2

Abstract

One of the most crucial barriers that college-bound undocumented students face is accessing

higher education. The vague practices that play in federal, local, and institutional policies and

the lack of financial support from both public and private institutions of higher education hinder

undocumented students to achieve the “American Dream.” By utilizing a critical framework and

literature from the pre-Trump era, this paper outlines fundamental issues that contribute to how

undocumented students in the United States face barriers in the college admission and financial

aid process when accessing higher education. Such indications are the historical governmental

policies that hinder undocumented student access and financial aid in higher education, the

ambiguous admission practices that may impede undocumented students’ college admission

processes, and the disparities in policies between public and private institutions of higher

education that offer financial aid to undocumented students. This paper also considers how

college admission practitioners can serve as agents of change utilizing best practices for

undocumented students who are currently living in the Trump era.

Keywords: undocumented students, college access, financial aid

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When the American Dream Fails: The Burdens Undocumented

Students Face When Accessing Higher Education

As a college admissions practitioner, I have experienced working with undocumented

students in the admission and financial aid process. While I understand the micro-level of

institutional policies and practices at the university I currently work for, I wanted to learn more

about the macro-level of policies and practices through a historical examination that have

essentially affected all undocumented students. Moreover, I wanted to learn how undocumented

students are affected with certain barriers that may hinder their access to and fund their

postsecondary options. Ultimately, I wanted to understand what are best practices that college

admission practitioners can do to better serve the needs for college-bound undocumented

students.

According to the United States Department of Education (2015), there are approximately

80,000 undocumented youth that turn 18 in the United States and approximately 65,000 students

that graduate from U.S. high schools every year. Out of this number, about 5 to 10% pursue

higher education (United States Department of Education, 2015). When keeping this in mind,

one must understand where this particular student population goes to with regard to their

postsecondary educational journey. Knowing that the number of undocumented youth is

staggering, how can we utilize a historical analysis of governmental policies that have been

implemented for undocumented youth to access higher education in order to serve best practices

for the students we work for? Although undocumented students have access to free, public

education in the K-12 system, there are still disparities as to how these students navigate

themselves to higher education access and attainment. Therefore, I want to pose as to what

extent do public and private institutions of higher education are doing to alleviate the burden it
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takes for these students to live the “American Dream” and what are the implications? Moreover,

what can college admission practitioners do to advocate and serve these students while

understanding the implications undocumented students may face in the college search process?

To understand who undocumented students are, we must recognize that “they are

individuals who are not US citizens, do not hold current permanent resident visas, and have not

been granted admission to the country through longer-term residence or work permit programs”

(Nienhusser & Saavedra Carquin, 2015, p. 32). Currently, the largest population of

undocumented immigrants come from Mexico, followed by other nations in Latin America,

Asia, Europe, Canada, and Africa respectively (Gildersleeve, Rumann, & Mondragón, 2010).

Out of these 11 million undocumented immigrants, the largest populations undocumented

immigrants live in California, Florida, Illinois, New Jersey, New York, and Texas (Passel &

Cohn, 2016). Understanding that the number of undocumented immigrants is significant, there

are insufficient and ineffective actions the United States has done for this population in regard to

educational access and financial aid in higher education. Moreover, this has created a constrain

to their pursuits in achieving such educational goals.

Methodology

As a practitioner in college admissions, I naturally wanted to find the historical

implications in education and immigration policy that affect the accessibility and financial

prospects for undocumented students. However, I needed to understand how such governmental

policies affect institutions of higher education in a micro-level. By doing so, I researched

governmental resources from several scholarly articles and the U.S. Department of Education to

get an understanding of federal policy regarding undocumented student access and financial aid

in higher education. Moreover, I utilized reports from professional journals that utilizes best
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practices in servicing this particular student population. While my analysis in this paper was

utilized from literature that was published in the pre-Trump era, it is important to note that some

of the governmental policies as presented, have or will change. This opens further discussion

and implications for college admission practitioners to consider revisiting, as policy changes may

occur when serving undocumented students during the Trump era.

Findings

Undocumented students have struggled to obtain equitable education rights in the United

States. Moreover, the college choice process can be overwhelming as students are challenged

with acquiring information and making decisions that will shape their educational trajectories

(Nienhusser & Saavedra Carquin, 2015). Therefore, it is important to note the repercussions that

influence the struggles for undocumented students to access higher education. Three factors that

hinder undocumented students to receive full rights in higher education are (1) how the historical

governmental policies hinder undocumented student access and financial aid in higher education,

(2) the ambiguous admission practices that may impede undocumented students’ college

admission processes, and (3) the disparities in policies between public and private institutions of

higher education that offer financial aid to undocumented students.

Governmental Policies and Practices

In order to recognize the repercussions that hinder access and financial aid for

undocumented students in higher education, we must understand the historical governmental

immigration and education policies that have impacted certain rights for undocumented students

in the United States.

The most recent federal immigration reform that Congress passed was the Immigration

Reform and Control Act of 1986 (IRCA), which protected the rights of immigrant workers in the
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United States and was also considered as “amnesty,” which legalized about 3 million

undocumented immigrants who entered and resided in the U.S. since January 1, 1982 (Nguyen &

Serna, 2014). Ten years later, Congress passed the Personal Responsibility and Work

Opportunity Reconciliation Act (PRWORA), and the Illegal Immigration Reform and Immigrant

Responsibility Act (IIRIRA), where these two acts “dramatically changed the outlook for

undocumented immigrants and affected federal social welfare and health benefits for them”

(Nguyen & Serna, 2014, p. 126). Although such immigration policies protected some civil rights

to immigrants, these laws were implemented over twenty years ago. Therefore, it is imperative

to either modernize or implement new federal policies that can pertain the needs of

undocumented students today.

The only form of equitable opportunity that has affected undocumented students in

education is the Plyler v. Doe case. In 1984, the Supreme Court prohibited states from denying

undocumented students access to free K-12 education from charging tuition based on citizenship

status (Nguyen & Martinez Hoy, 2015). Furthermore, the Supreme Court “asserted that

undocumented immigrants are protected under the Equal Protection Clause of the Fourteenth

Amendment of the U.S. Constitution” (Nguyen & Martinez Hoy, 2015, p. 358). This case offers

the educational opportunities so that students would not be marginalized in the K-12 system.

Consequently, this is only implied in the K-12 public school system, therefore this does not

extend to higher education, nor such case protects the rights for undocumented students to access

postsecondary education.

In the context of higher education rights for undocumented students, the only one

proposed federal legislation that is the Development, Relief, and Education for Alien Minors,

better known as the DREAM Act. This was first introduced in 2001 as a bipartisan legislation
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“to clarify the contested rights of states to extend in-state tuition benefits to undocumented

immigrants” (Gildersleeve, Rumann, & Mondragón, 2010, p. 14). Ultimately, this legislation

would lead a path to citizenship for many undocumented immigrants who came to the U.S. as

children. Ever since its first introduction in 2001, the DREAM Act has overcome several

revisions. The bill came closest to passage in 2010 when the House of Representatives passed

the bill, but the Senate failed to pass it (Nguyen & Martinez Hoy, 2015). Again, this has led to

the uncertainty in immigration reform for undocumented students pursuing equitable access to

postsecondary institutions.

Since the proposed versions of the DREAM Act did not pass, President Barack Obama

announced a new executive order called the Deferred Action for Childhood Arrivals (DACA) in

2012. This program provides “a two-year temporary reprieve to qualified undocumented

immigrants enabling them to enjoy certain benefits without a pathway to permanent residency or

citizenship” (Nguyen & Martinez Hoy, 2015, p. 364). Currently, DACA has allowed 800,000

eligible young adults to work lawfully and attend school. However, DACA must be renewed

every two years in order to receive such benefits (American Immigration Council, 2017).

Although DACA has allowed many undocumented students to access certain benefits where they

can engage in their communities without the fear of deportation, this executive order has once

again revisited by the current administration.

The Ambiguity of Admission Practices

After learning about historical governmental policies that have impeded undocumented

students to equitable access to higher education, I came to ask how do institutions of higher

education take into play with regard to their admission practices that may affect undocumented

students? Although there is no federal legislation that prevent undocumented students to attend
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higher education, some institutions have taken action to deny admission to these students

(Gildersleeve, Rumann, & Mondragón, 2010). Some institutions require that students provide

proof of legal residency or citizenship, while others do not require it nor have policies that may

restrict them to attending their respective schools. Since it is upon the institution that would give

access to undocumented students or not, it is it is important that students understand the

ambiguity there is for each institution they are seeking admissions.

Not only does this ambiguity of college admission hinder postsecondary options, but

undocumented students usually do not learn of their immigration status until high school, which

limits the opportunity to access equitable higher education. Additionally, “students often face an

especially difficult college search given the numerous barriers that come with their precarious

immigration status” (Nienhusser & Saavedra Carquin, 2015, p.31). This is also when

undocumented students realize that they see themselves as different. Social forces such as their

home and community have also put so much pressure with living the “American Dream” but this

reality has shattered. Chavez et al. (2007) stated:

Having spent their lives attending U.S. schools, being told that if they work hard and

jump over the necessary hurdles a college education and their desired career will follow,

undocumented students are forced to face a harsh reality when they complete high school

and realize that this is not the case. (p. 259)

While admission practices in institutions are not mandated by federal laws that prohibit

undocumented students to access higher education, it is important that professionals – either on

the high school or college side –understand the unique needs of these students and receive

training that support on how to best serve undocumented students.

Disparity in Financial Aid Policies Amongst Public and Private Institutions

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While the federal government does not require specific laws that prohibit undocumented

students to access higher education, certain laws do imply when it comes to the financial aid

process, which ultimately hinders undocumented students to their postsecondary educational

paths. Such inequitable issue pertains to the literature that is gathered from the Higher Education

Act. In 1965, Congress passed the Title IV of the Higher Education Act, which “embodied the

first explicit federal commitment to equalizing college opportunities for needy students”

(Gladieux, 1995, p. 2). While not explicitly stated, the distribution of financial aid is only

limited to citizens and permanent residents of the United States. Such legislation was a way to

allow college access to students by providing financial aid by positioning “the federal

government’s higher-education policies and programs to give serious attention and resources to

civil rights and social justice” (Thelin, 2011, p. 326). Despite the revisions of the Higher

Education Act implemented over the past 50 years, there has still been no indication for federal

aid being accessible to undocumented students.

Since no immigration law exists for undocumented youth to qualify for federal aid, it is

up to the states if they want to provide some form of legislation. Some states have enacted

legislation that promotes access to higher education for undocumented students through allowing

in-state tuition benefits in public universities (Nguyen & Serna, 2014). According to the

National Immigration Law Center:

At least twenty states and the District of Columbia have ‘tuition equity’ laws or policies

that permit certain students who have attended and graduated from secondary schools in

their state to pay the same tuition as their ‘in-state’ classmates at their state’s public

institutions of higher education, regardless of their immigration status. (2017, para. 1)

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Additionally, there are five states that not only offer in-state resident tuition to undocumented

students, but these students also qualify to receive state financial aid (Nguyen & Martinez Hoy,

2015). While some states have found ways to provide financial assistance to undocumented

students, others, such as Arizona, Georgia, South Carolina, Indiana, Alabama, and North

Carolina, have passed barriers for undocumented students to get access as they stripped away

their state residency in order to qualify for in-state tuition. Moreover, out of the states that offer

in-state resident tuition, studies show that few undocumented students have taken advantage of

in-state laws (Nguyen & Martinez Hoy, 2015). Most of this is due to the barriers of how high

tuition costs are. Regardless of what efforts states want to provide, not all students have the

means to afford a four-year public university. Therefore, if federal financial aid were to exist for

these students, the barriers on affordability would not be so detrimental than it currently is.

Although certain states either allow or prohibit in-state resident tuition at four-year public

universities for undocumented students, most private institutions of higher education serve as an

alternative for these students to access a different level of financial aid. According to Green

(2005), merit-based aid is used to shape the size and desired characteristics of the incoming

student body at institutions of higher education. Therefore, “the use of merit rather than need as

a main criterion for aid is symptomatic of the neoliberal turn in higher education–the infiltration

of market logic into the university’s practices and purposes” (Flores, 2016, p. 541). This strategy

utilized by private institutions may hinder some students who do not fit their academic profile.

However, this effort may benefit high-achieving undocumented students who are offered with

the opportunity to qualify for merit-based aid to access higher education. Regardless, using

meritocracy as a way to utilize undocumented students to (re)shape the student body at a private

university can have its deficiencies. Such institutions of higher education must consider how
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they can retain undocumented students and how they should understand the critical role financial

aid plays in strategic enrollment management (Green, 2005). That way, private institutions can

best serve the needs of undocumented students, while retaining them at their campuses.

Despite the two different types of financial aid opportunities that are offered to

undocumented students, there is a discrepancy as to how students should navigate their college

search, and whether they will access either methods of financial aid. Therefore, if the federal

government does not allow access to federal aid to undocumented students, it is up to high

school and college counselors to help undocumented students and their families to find creative

ways to finance college costs (United States Department of Education, 2015). The may resolve

some of the ambiguity that undocumented students may have related to the discrepancy of the

different types of financial aid that is available for them.

Implications for Practitioners

The implications for this paper outlines fundamental issues that contribute to how

undocumented students in the United States face barriers in the college admission and financial

aid process when accessing higher education. The following are some suggestions that can serve

as best practices for college admission practitioners to use as they work with undocumented

students.

First, practitioners need to understand that undocumented students are traditionally

coming from low socioeconomic backgrounds so they are already coming with some form of a

disadvantage accessing college. Most of these students are considered the first in their family to

go to college. Gildersleeve, Rumann, & Mondragón (2010) stated that “without anyone in their

immediate family to assist them in navigating educational pathways, undocumented students can

have difficulty navigating their way through college” (p. 7). Therefore, it is crucial that
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practitioners understand who this particular student population is and how to better serve their

needs when accessing postsecondary options.

Additionally, college admission practitioners should advocate for the emotional well-

being of undocumented students. It is essential that practitioners “are cognizant of the emotional

supports undocumented and DACAmented students may require during the college search

process” (Nienhusser & Saavedra Carquin, 2015, p. 34). Because federal, local, and institutional

policies bring uncertainty and often fear, undocumented students may need our emotional

support as they go through the college admission process. This is often when they are coming

out of the shadows; therefore, we must consider ways to support them through this challenging

process.

Finally, college admission practitioners should become agents of change when

establishing admission and financial aid practices that can provide access to undocumented

students. Moreover, institutions of higher education should create efforts that will require them

“to acknowledge the existence of undocumented students because these students often fall under

the radar and therefore may not be acknowledged” (Gildersleeve & Ranero, 2010 p. 26). If no

federal immigration legislation is executed for the lawful rights of these students, it is important

that practitioners utilize recruitment efforts, whether it be for outreach or yielding purposes, at

their respective universities. Not only does this create access, but the opportunity for

undocumented students to be considered and acknowledged by such efforts.

Concluding Thoughts

As a practitioner in higher education, it is important to have a historical background of

the policies that have been put into place in order for college admission counselors to best serve

undocumented youth in the higher education setting. In a time of political change that may
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affect the rights of immigrant youth, it is imperative that we understand the repercussions that

may hinder undocumented students access and financial aid opportunities in higher education.

Moreover, it is important that we seek resources, such as utilizing professional development

opportunities or joining coalitions. Even though we may feel limited due to the education and

immigration policies that take into place, it is essential that we support undocumented youth in

the United States when at times we may also be in despair during this time of ambiguity and

distress.
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References

Chavez, M. L., Soriano, M., & Oliverez, P. (2007). Undocumented students' access to college:

The American dream denied. Latino Studies, 5(2), 254-263.

Flores, A. (2016), Forms of exclusion: Undocumented students navigating financial aid and

inclusion in the United States. American Ethnologist, 43: 540–554.

Gildersleeve, R.E., & Ranero, J.J. (2010). Precollege contexts of undocumented students:

Implications for student affairs professionals. New Directions for Student Services,

2010(131), 19-33.

Gildersleeve, R.E., Rumann, C., & Mondragón, R. (2010). Serving undocumented students:

Current law and policy. New Directions for Student Services, 2010(131), 5-18.

Gladieux, L. E. (1995, October). Federal student aid policy: A history and an assessment. Paper

presented at Financing Postsecondary Education: The Federal Role, U.S. Department of

Education, Washington, DC. Retrieved from https://www2.ed.gov/offices/OPE/PPI/

FinPostSecEd/gladieux.html

Green, T. C. (2005). Financial aid, access, and America’s social contract with higher education.

College & University, 80 (3), 9 - 13.

National Immigration Law Center. (2017, November). Basic facts about in-state tuition for

undocumented immigrant students. Retrieved from

https://www.nilc.org/issues/education/basic-facts-instate.html

Nguyen, D.H.K., & Martinez Hoy, Z.R. (2015). "Jim Crowing" Plyler v. Doe: The re-

segregation of undocumented students in American higher education through

discriminatory state tuition and fee legislation. Cleveland State Law Review, 63(2), 355-

371.
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Nguyen, D.H.K., & Serna, G.R. (2014). Access or Barrier? Tuition and Fee Legislation for

Undocumented Students across the States. The Clearing House: A Journal of Educational

Strategies, Issues and Ideas, 87(3), 124-129.

Nienhusser, H. K., Vega, B. E., & Saavedra Carquin, M. (2015). Bridging the gap: Guiding the

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Passel, J.S., & Cohn, D. (2016, September 20). Overall number of U.S. unauthorized immigrants

holds steady since 2009. Pew Research Center. Retrieved from

http://www.pewhispanic.org/2016/09/20/overall-number-of-u-s-unauthorized-

immigrants-holds-steady-since-2009.html

Thelin, J.R. (2011). A history of American higher education (2nd ed.). Baltimore, MD: Johns

Hopkins University Press.

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youth [PDF file]. Retrieved from https://www2.ed.gov/about/overview/focus/supporting-

undocumented-youth.pdf