A senior college student from U.C.L.A. is concerned about his friend who is undocumented. He emailed me this question:
An undocumented high school student goes to a school where teachers did not know about CA Dream Act. She got into a few universities but doesn’t know how to pay for them. Besides scholarships, is there a way for her to get financial aid? Does CA Dream Act accept late applications?
Generally, there are several sources of financial assistance available to qualified college students. Many students strive for scholarship awards. Some college bound students’ avail of private loans. For most of the undocumented young students the federal financial aid may not be an option. But certain states like the State of California provides state financial aid to the undocumented young DACA recipient.
Federal Financial Aid
DACA recipients are not considered “eligible non citizens” for purposes of federal financial aid. The qualified non-citizens include those individuals who are in the United States on more than a temporary basis with intent to become a lawful permanent resident or citizens. This class of “eligible non-citizens” may fill out the Free Application for Federal Student Aid or the FAFSA, which is the key to a host of funding programs or many work-study opportunities.
State Financial Aid
There are few states including the State of California that allows undocumented immigrants to apply for special loan repayment programs funded by non-federal monies.
In-state Tuition Discounts for Residents (Tuition Equity Laws)
Immigration status is not a consideration in some states when it comes to tuition discounts. In-state tuition policies allow residents to pay a lower tuition rate at public colleges and universities than out-of-state residents.
In California, state law AB 540 offers in-state rates to undocumented students who meet specific criteria, and AB 540 does not merely protect undocumented or DACA students, it also benefits out-of-state residents who meet the criteria of having gone to high school for 3 years in California and having graduated from a California high school.
In-state tuition rate determinations may differ according to requirements. Basically, factors such as residency, domicile, lawful presence, or documentation are taken into account. So, certain tuition rates could be open to someone with DACA but they are nevertheless excluded because, for example, their undocumented parents cannot provide the required proof. In some states, a tuition equity policy varies depending on whether the school is a community college, private four-year college, or public four-year college. There is no comprehensive national in-state tuition guide. It is important for a DACA recipient to investigate each school’s unique policy regarding in-state tuition. Also, filing on time an application for the in state tuition is critical and late filings are not usually favored.
Scholarship Lists
There are several available resources on line to find scholarship grants where the immigration status is not even required. One of the most popular website is the www.e4fc.org. Educators for Fair Consideration’s (E4FC) provide annually updated scholarship guide lists scholarships that will consider undocumented students among its awardees pool.
Additionally, some private lenders may issue loans to undocumented with DACA, depending on the lender, particularly if a U.S. citizen or lawful permanent resident co-signs on the loan.
It is unfortunate that some teachers as described by the letter sender are still not aware of resources for financial aid for the undocumented or the DACA recipients. Hopefully, the information we have provided above will serve as guide for DACA recipients who wanted to pursue post secondary education.
(Atty. Lourdes Santos Tancinco is a partner at the TANCINCO LAW OFFICES. She may be reached at 1 888 930 0808 or at law@tancinco.com or visit her website at tancinco.weareph.com/old)
