Undocumented and DACA Student Resource Guide Institutionalizing Oakton’s Support
Contents FactsAboutUndocumented/DACAStudents......................................... 4 StudentChallengesandBarriers..................................................... 5 WaystoSupportUndocumented/DACAStudents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ResourcesforUndocumented/DACAStudents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Rights,PoliciesandProcedures......................................................13
Since its inception, Oakton College employees, students and community members have worked tirelessly to change lives and create opportunities for all. In the spirit of access, equity and inclusiveness, the three goals of the institution’s strategic plan, Vision 2023: Building Just and Thriving Communities, are Strengthening Students’ Oakton Experience, Enhancing Workforce Readiness and Community Engagement, and Advancing Racial Equity. As part of our commitment, Oakton supports unique and historically underrepresented community members such as our undocumented and Deferred Action for Childhood Arrivals (DACA) students and their families. Through the support of the Office of Access, Equity and Diversity, Oakton’s Undocumented and DACA Student Support Group (formerly known as Educational Access Creates Hope or EACH) provides advocacy, training and employee education, identifying and promoting financial resources, and removing barriers to admissions and student success while advancing the following goals:
• Improve awareness of the issues and concerns of Oakton’s undocumented and DACA students and families; • Gain knowledge of Oakton’s policies and practices that affect undocumented and DACA students and families; • Increase understanding of immigration laws that impact undocumented and DACA students and families; • Identify financial resources for undocumented and DACA students and families; • Analyze and monitor the student success data related to undocumented and DACA students; • Partner with local agencies and organizations to help cultivate an open and supportive campus and community environment; • Increase community awareness of Oakton College’s open, supportive practices towards undocumented and DACA students and families.
As we work to fulfill our commitments surrounding student success, we will remain mindful of the needs of our diverse students and community members. This resource guide was designed for employees who work closely with this student population, and more importantly, for all Oakton College community members. We believe we all have a role to play when it comes to student success and the advancement of our institutional goals. It is our hope that everyone can benefit from this resource, whether it be a quick reference guide or a persistent reminder of the needs and obstacles our undocumented and DACA students face every single day. Thank you for being a part of our efforts to institutionalize support for our undocumented and DACA students.
With gratitude, Undocumented and DACA Student Support Group (UDSG) Oakton College
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Why Do Undocumented Students Need Support?
Undocumented students are an important part of our nation’s future and represent values that the United States embraced at inception and for most of its history. Federal law dictates that all students be entitled to K-12 education—regardless of residency or citizenship status. Undocumented students face concerns surrounding secrecy, distrust, anxiety and fear, inhibiting their educational experiences. Many students do not know that they are undocumented until they begin the college application process. Undocumented students are not eligible for federal financial aid. Their eligibility for state and institutional aid varies. Family situations and challenges often prevent these students from persisting in school because for many, working and contributing to the home are seen as more valuable. Discrimination and prejudice are due to ignorance and/or bias. Educational settings should provide understanding and acceptance. Undocumented students face identity issues and often reflect on questions such as: “Where do I belong? Am I from here or there? Will I ever be accepted?” The success of undocumented students in higher education is often credited to college allies who support, encourage and guide students through completion.
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Key Definitions
Asylum
A form of protection available to people who: • Meet the definition of refugee • Are already in the United States • Are seeking admission at a port of entry
Cultural citizenship
Undocumented people who take part in the culture and language of social groups in the United States. Lacking the documentation necessary to establish permanent residency, but authorized to work and go to school in the United States. Technically, DACA students are undocumented.
DACA (Deferred Action for Childhood Arrivals)
DACAmented
Undocumented students with DACA status
Dream Act (Development, Relief and Education for Alien Minors) Dreamers (also known as DACA recipients)
Various versions of an immigration legislation reform plan that has not been passed by Congress.
Individuals who could benefit from the Dream Act.
A nonimmigrant applicant who: • Is seeking to attend Oakton on F-1 visa status, • A lready has a valid U.S. visa type (e.g. B1/B2, J1) and is seeking to attend Oakton in F-1 status, • Is seeking to transfer their valid F-1 status and SEVIS record from another institution to Oakton.
International student
Mixed status family Families with one or more members who are undocumented. Permanent resident noncitizen
An individual who was admitted to the United States as a lawful permanent resident.
Generally people outside of their country who are unable or unwilling to return home because they fear serious harm.
Refugee
An individual that entered the United States: • W ithout inspection. • W ith fraudulent documents. • L egally as a nonimmigrant but overstayed their visa. Undocumented individuals are not always DACA recipients.
Undocumented noncitizen (also known as Undocumented)
A certification that can be earned by taking a four-hour interactive training program that seeks to increase the educational success of undocumented immigrants. Coined out of activism and advocacy to acknowledge the intersectionality of having undocumented status and identifying as a member of the LGBTQ+ community
Undocupeer
UndocuQueer
Undocumented student ally
An individual who works to support undocumented and DACA students at their respective campuses and in the community.
*The terms “illegal” and “alien” are often viewed as disrespectful and dehumanizing, particularly in the immigrant community.
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Facts About Undocumented/DACA Students According to the American Immigration Council and the Presidents’ Alliance on Higher Education and Immigration: • Approximately 408,000 undocumented students enrolled in U.S. colleges and universities. • Undocumented students represent a diverse population within higher education. Forty-five percent of undocumented students are Hispanic, 25% are Asian American and Pacific Islander, 15% are Black, and 11% are white . • A majority, approximately 88% of undocumented students are enrolled in public two- and four-year colleges and universities. A significant number of undocumented students attend community colleges. • Legal challenges to the Deferred Action for Childhood Arrivals (DACA) program have reduced the number of DACA-eligible college students to 119,000 in 2022. • Undocumented students pursuing a higher education and careers help to contribute to student enrollment, drive local economic development, and increase the number of educated workers. Undocumented/DACA Students at Oakton In consideration of the lived experiences of individuals and families from across the world, Oakton College does not require students enrolling in classes to provide proof of citizenship as a condition of enrollment. The UDSG seeks to provide College resources to assist undocumented and DACAmented students in their academic pursuits. Oakton recognizes the challenges that undocumented and DACAmented students face and is continuously working to provide a safe and welcoming environment for all students. We encourage students to reach out to the UDSG if they have any questions or concerns. We are committed to helping students succeed!
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Student Challenges and Barriers • College admissions process and policies • Paying for college, particularly after the first year • Limited access to federal financial aid
• Some students who have attended and graduated from secondary schools may pay the same tuition as their “in-state” classmates at their state’s public institutions of higher education, regardless of immigration status. However, “tuition equity” laws or policies are only applicable in certain states, and legislation continues to change. Students must continue to monitor tuition equity laws or policies in the state they intend to enroll in college courses. • Long commutes to and from school • Choosing a major can be challenging given requirements surrounding background checks and certification/ state licensing for certain professions • Immigration attorney fees and scamming • Limited access to healthcare
• Anxiety, depression and other forms of mental illness • Feelings of shame and insecurity about the future • Familial obligations • Unrealistic expectations of perfection (good immigrant vs. bad immigrant) • Fear of deportation and family separation • Legal status uncertainty • Language barriers
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Ways to Support Undocumented/DACA Students 1
11 Consider the symbol your institution represents and the role that education plays in students’ hopes and dreams. 12 Make your position as an advocate known and encourage others to do the same. 13 Make your classroom a space that invites critical dialogue but does not tolerate hate. 14 Be aware of the array of resources available to students in your institution and within the student’s community. 15 You can be a strong ally, no matter your discipline, by understanding the role you play in supporting our undocumented and DACA students. 16 Practice cultural humility by listening, reflecting and learning about cultural differences. Don’t be afraid to ask questions, seek out resources and expand your knowledge. 17 Connect with students personally. Make yourself available to support this population by guiding them to resources and support systems. 18
Engage with an open mind and don’t assume anything about a student’s background. 2 Create a safe space by offering students a place where they can reflect openly about their status and ask valuable questions. 3 Learn about relevant institutional policies and legislation. 4 Find an advocate for scholarships and financial support by connecting with Oakton resources as well as external organizations. 5 Build your own educator network Connect students to undocumented community leaders and role models. 7 Involve parents and families. 8 Help students access reputable legal information and assistance. 9 Build agency and power via training and workshops, helping students become self-advocates. 10 Create spaces for storytelling and creative expression. by connecting with other DACA allies such as the UDSG, or others working closely with this population. 6
Become an “undocupeer” or undocumented student ally. 19 Serve as a mentor. 20 Be transparent about potential opportunities and challenges.
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Resources for Undocumented/DACA Students
Oakton Resources Access & Disability Resource Center
Oakton provides equal access to education for all students. Students with documented disabilities, as defined by the ADA and Section 504 of the Rehabilitation Act of 1973, are eligible for services. Accommodations are individual in nature and are decided on a case-by-case basis. If you are a student with a documented disability and have the ability to perform college-level work, Oakton can help you succeed. Students who have applied to Oakton and have received their student ID number and login information are able to complete the Access and Disability Resource Center (ADRC) AIM Student Application to begin the process of requesting academic accommodations and services. For more information or assistance, visit ADRC at Oakton , email accessdisability@oakton.edu or call 847.635.1489. Access, Equity and Diversity In support of Oakton’s mission, the vision of Access, Equity and Diversity (AED) is to create an inclusive and accepting campus free of bias, hate and inequities where employees and other stakeholders work together to impart positive change, and students are provided an open, receptive environment that optimizes their chances to be successful. AED collaborates with other departments to ensure that the cultures and heritages represented on our campuses are valued, honored and celebrated. The AED subdivision is committed to listening to the many voices of our students and focuses programming and support services around issues that are important to students and the College community. For more information, email undocumentedstudentsupport@oakton.edu Advising, Transitions, and Student Success The Office of Advising, Transitions, and Student Success (OATSS) is committed to supporting the academic development of all Oakton students by providing high-quality services and support in a welcoming environment. As students navigate Oakton and work toward their academic goals, OATSS is here to help with developing a personalized educational plan, selecting appropriate courses, monitoring progress toward goals, navigating the transfer process and identifying tools for academic success. For more information, visit Advising at Oakton , email Advising Services at advising@oakton.edu or call 847.635.1700. Adult and Continuing Education Oakton is a leader in adult and continuing education in Illinois and collaborates with Maine, Niles, Glenbrook and Evanston Township high school districts. Community Education Courses offer a vast selection of special interest topics and hands-on experiences in business, career and certification training, computers, exercise and fitness, healthy living, home and garden, languages, tech trends and more. Many are available as online classes. General Educational Development (GED) prepares students who have not completed high school for the State of Illinois High School Diploma exam. The State of Illinois High School Diploma is accepted by employers and schools. Night High School assists residents of Niles and Maine Townships in completing their high school education. For more information, call Night High School coordinators at 847.825.7719 (Monday - Thursday, 6 - 9 p.m.). English as a Second Language (ESL) courses expand the listening, speaking, reading and writing skills of non-native speakers of English. These courses also acclimate students to American culture. Literacy/Reading classes identify, recruit and instruct English-speaking adults and ESL adults seeking to reach specific life goals. Bridges to Academic Reading and Writing classes help intermediate ESL students prepare for the TOEFL or college classes. For more information, visit Continuing Education at Oakton or call 847-635-1426
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¡ANDALE! The Association to Nurture and Develop the Advancement of Latino/a/x in Education (¡ANDALE!) at Oakton works to increase the retention, persistence and success of Oakton’s Latino/a/e students. Through events and services that promote participation in the collegiate experience, ¡ANDALE! supports the personal, emotional, social, academic and career development of its Latino/a/x students. For more information, visit ¡ANDALE! at Oakton , email andale@oakton.edu , or call 847.376.7298. Apply to Attend Oakton as an Undocumented/DACA Student Applying to Oakton as an undocumented/DACA student is easy. Visit Applying as an Undocumented/DACA Student at Oakton for details! • Using the online application, students can enter “000-00-000” in the social security field if they don’t have a Social Security number (SSN). • If a student has an SSN or ITIN they should complete the application using that number. • Students can check “No” for U.S. Citizens. Select “Other” for your citizenship status. • Students should refer to Admission at Oakton for detailed steps. For more information or to schedule a College visit, call the Office of Admission at 847.635.1700. Athletics At Oakton, students have plenty of opportunities to get involved in athletic activities such as joining an intercollegiate sports team or working out in the fitness center! For more information, visit Athletics on the Oakton-Owls.com sports and fitness webpage, or call 847.635.1753. If you are interested in joining an athletic program at Oakton, please complete the Prospective Athlete Form. B.L.A.C.K. Student Success Program (BSSP) The Building Lasting African Culture and Knowledge (B.L.A.C.K.) Student Success Program (BSSP) at Oakton empowers Black students by addressing the unique challenges and celebrating the triumphs of the Black experience in higher education. BSSP provides a supportive community that promotes enrollment, retention and academic success through cultural celebrations, critical conversations, help with gaining access to financial resources, mentoring, and equity and inclusion leadership training. From classroom to career, BSSP is dedicated to fostering Black excellence. For more information, email bssp@oakton.edu . Career and Transfer Center (CTC) The CTC is your one-stop resource for career exploration and transfer success! We offer comprehensive career support services to help students discover and pursue their career goals by aligning academic pathways with future aspirations. Our dedicated team provides personalized guidance on career development, pre-major exploration or pathway, and professional growth. Additionally, we facilitate seamless transfer services, connecting students with the resources, articulation agreements and expert support needed to transition to four-year institutions successfully. Whether you’re navigating your career path or planning your transfer journey, the CTC is here to empower you every step of the way. For more information or to schedule an appointment 847.635.1735 or via email ctc@oakton.edu . Center for Campus Inclusion and Diversity (CCID) Oakton honors the diverse talents and cultures represented in our student body, faculty and staff, and has, in turn, instituted dedicated resources in support of our diverse community through the establishment of the CCID. The CCID fosters a safe learning environment. We provide support, thought provoking educational experiences and interactive learning opportunities. We promote intercultural awareness, equity and inclusivity through educational and co-curricular initiatives, and represent the needs and concerns of historically underserved student populations by providing access opportunities in campus life. For more information, call Student Life and Campus Inclusion at 847.635.1699.
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Counseling Services College can be stressful, but Oakton can help. Individual and group counseling is available to support students and help them succeed. Professional counselors can assist with non-academic concerns and personal and mental health issues that impact personal and educational goals. Counselors also offer crisis intervention during Oakton’s normal business hours, consultation with faculty and staff and referral information for students who need long-term services that are not available at Oakton. To make an appointment with a counselor, call 847.635.1885 or stop by the Wellness Center, Room 1200, Des Plaines campus or Room A175, Skokie campus. Care Coordination Care coordination is a holistic approach to student success and wellness. Care strives to remove obstacles and barriers by providing solution-focused interventions to address the varying needs of our students in order to promote their success at Oakton. These challenges may come in the form of unexpected crises, mental health or physical concerns, a lack of basic needs or overall difficulty. Care Coordination also maintains a Community Resource page. Diversity Council Oakton’s Diversity Council supports the campus community in its efforts to make the College a more inclusive, diverse and anti-biased institution. The council actively engages the college community in its work and supports Oakton’s overall mission. For more information, email Diversity@oakton.edu. Financial Assistance The Financial Assistance team works to provide services and programs to all eligible students in support of their education by assisting students in identifying resources to pay for college that are suitable for their educational objectives. Undocumented and DACAmented students in Illinois are eligible for in-district tuition rates. Students must submit proof of residency documentation to the Enrollment Center to qualify for in-district tuition. Undocumented and DACAmented students have access to scholarships through the College and the Oakton College Educational Foundation ( www.oakton.edu/scholarships and additional information below under “Scholarships”). In 2011, through the passage of the Illinois Dream Act, Illinois became the first state to create a private scholarship fund for undocumented and DACAmented students. The Illinois Dream Fund Commission began awarding scholarships in 2013. Completing the Free Application for Federal Student Aid (FAFSA) requires one of the following statuses:
NOTE: Without any of the statuses mentioned below, undocumented students should not complete the FAFSA.
• U.S. citizenship status or Permanent Resident status (Note: U.S. citizens and LPR students are eligible for FAFSA even if their parents are undocumented). • Eligible non-citizenship status as determined through DHS • Conditional Resident status
• Granted Asylum/Refugee status • Cuban-Haitian Entrant status • Conditional Entrant status • Battered Immigrant – qualified alien status (VAWA)
Eligible undocumented students who are disqualified from federal financial aid may apply for state financial aid through the Alternative Application for Illinois Financial Aid . Oakton Police The Oakton Police will continue its practice not to arrest or detain someone solely on the belief that the person is not a legal resident of the United States. Additionally, U.S. Immigration and Customs Enforcement (ICE) agents will not be permitted to use College police facilities or equipment to question someone based solely on their immigration status. For more information, email campuspolice@oakton.edu or call 847.635.1880.
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Student Life and Campus Inclusion Student Life and Campus Inclusion offers students opportunities to become involved on campus through student organizations, leadership programs and service projects. There’s more to college life than attending classes and studying for exams. It’s also important to meet new people, explore your interests through clubs and other activities or even take on a leadership role. That’s why Oakton offers a rich array of opportunities to stay active, healthy and engaged. Immigration status does not matter when it comes to being a leader. In fact, many of our student leaders have been and continue to be undocumented students. They do not let their status interfere with making their voices heard on campus. D.U.R.A. (DACA, Undocumented, Refugee-seeking Asylum) Club made up of undocumented and DACA students, along with their allies, was established to provide a voice and support for immigrant students at Oakton. There are many other clubs and organizations students can join including but not limited to Latine Club, Muslim Student Association, Pride Club, Pilipinos in Alliance Yearning for Opportunities (PAYO), South Asian Club, and the B.L.A.C.K. Student Union (BSU). The Student Center is located at room 1530 on the Des Plaines campus and room A130 on the Skokie campus. For more information, visit the office or call at 847.635.1699 (Des Plaines) or 847.635.1443 (Skokie) or email studentlife@oakton.edu Transferring Foreign Credits to Oakton Students who have earned college credits at a foreign college or university may be eligible to transfer those Our mission is to support undocumented and DACA students and their families through advocacy, training and employee education. We identify and promote financial resources and remove barriers to admissions and student success. For more information, email undocumentedstudentsupport@oakton.edu Scholarships The Office of Student Financial Assistance manages a large portfolio of scholarships, many of which are provided through the generosity of donors to the Oakton College Educational Foundation. Criteria for each scholarship vary and have been established by the scholarship’s sponsoring donor(s). Examples of scholarship criteria include: program of study, credential intentions, enrollment status (e.g., full-time: 12 or more hours; part-time: 6-11 hours), and academic achievement. Regardless of citizenship status, we encourage all students to apply for scholarships. For more information, visit Oakton Scholarships or email the Office of Student Financial Assistance at scholarships@oakton.edu or call 847.635.1700. Oakton’s American Dream Scholarship • The American Dream Scholarship is available to first time college students who enroll at Oakton after their high school graduation or have completed the General Educational Development Tests (GED). Students who have attended another college prior to Oakton are not eligible for the scholarship. Scholarship provides funding to individuals who are not eligible to apply for federal aid. • Application for this scholarship is by paper only and not included in the online scholarship application system. Students can complete and submit the American Dream Scholarship form along with necessary requirements in person to the Enrollment Center or via email to scholarships@oakton.edu. credits to Oakton. For more information, visit Transfer Credits to Oakton . Undocumented and DACA Student Support Group (UDSG) (formerly Educational Access Creates Hope - EACH)
• Yearly scholarships range from $500 to $1500.
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Oakton College Educational Foundation and Institutional Scholarships • By completing the general application, students will be considered for all scholarship opportunities and matched based on eligibility. There are hundreds of scholarships that could support undocumented and DACA students if all award criteria are met.
• Visit, oakton.academicworks.com for a list of scholarships and an application.
• Apply before May 15 for priority consideration. Applications received after May 15 are reviewed in the order they are received and awarded based on available funds. • The scholarship application includes several short essay questions. Writing Tutors are available at a student’s request by emailing the Learning Center at learningcenter@oakton.edu or calling 847.635.1658 Undocumented and DACA Student Support Group Scholarship Sponsored by Oakton’s Office of Access, Equity and Diversity and Undocumented and DACA Student Support Group (UDSG).
• Students must be enrolled in at least 6 credit hours and maintain a 2.0 GPA.
• Students must not have a Social Security number, visa status or a Deferred Action for Childhood Arrival (DACA) status.
• Award amount varies
For more information, email undocumentedstudentsupport@oakton.edu
Private Scholarships • Contact community organizations to ask about additional scholarship opportunities. Visit Private Scholarships at Oakton for a list of private scholarships.
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External Resources Illinois Coalition for Immigrant and Refugee Rights (ICIRR)
“ICIRR is dedicated to promoting the rights of immigrants and refugees to full and equal participation in the civic, cultural, social and political life of our diverse society.” For more information, visit, Illinois Coalition for Immigrant and Refugee Rights or email info@icirr.org Immigrant Legal Resource Center (ILRC) “The mission of the Immigrant Legal Resource Center (ILRC) is to work with and educate immigrants, community organizations and the legal sector to continue to build a democratic society that values diversity and the rights of all people.” For more information, visit Immigrant Legal Resource Center . The Anhelo Project The Anhelo Project is a non-profit organization whose mission is to “support DACAmented and undocumented students of all backgrounds who face roadblocks in pursuit of their post-secondary education.” For more information, visit, The Anhelo Project Website or email hello@theanheloproject.org TheDream.US The Dream.US works to “help highly motivated Dreamers graduate from college with career-ready degrees. Dreamers are first-generation immigrant youth who came to this country at a very young age.” The Dream.US can assist with scholarships, legal guides and other helpful resources to assist undocumented and DACAmented students. For more information about scholarship opportunities, visit The Dream.US or email TheDream.US@ applyists.com for scholarship opportunities. The Retention of Illinois Students and Equity (RISE) “The Retention of Illinois Students and Equity (RISE) Act/Alternative Application allows eligible undocumented students who are disqualified from federal financial aid apply for all forms of state financial aid.” (Retention of Illinois Students & Equity (RISE) Act and alternative application for Illinois Financial Aid, 2021) For more information, visit RISE Act/Alternative Application or email the Financial aid office at financialaid@oakton.edu National Immigrant Justice Center “The National Immigrant Justice Center’s (NIJC) mission is to establish and defend the legal rights of immigrants, regardless of background, and to transform the immigration system to one that affords equal opportunity for all.” For more information, visit https://immigrantjustice.org/ National Immigration Law Center “Established in 1979, the National Immigration Law Center (NILC) is one of the leading advocacy organizations in the U.S. dedicated to advancing and defending the rights and opportunities of low-income immigrants and their loved ones.” For more information, visit https://www.nilc.org/ North Suburban Legal Aid Clinic “The mission of the North Suburban Legal Aid Clinic is to provide accessible, quality, equitable, free legal aid services in the areas of domestic violence, housing, and immigration to give low-income, at-risk community members access to justice and the opportunity to live productive and secure lives.” For more information, visit https://nslegalaid.org/ Immigrants Rising “We empower undocumented people to achieve their educational and career goals through personal, institutional and policy transformation.” For more information, visit https://immigrantsrising.org/
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Rights, Policies and Procedures Advance Parole Advance parole is a permit for a non-citizen without a valid immigrant visa to re-enter the United States after traveling abroad. • Those who have applied to adjust their status to that of permanent resident or to change their non-immigrant status fall under this category. • Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for those who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, non-citizens may be found inadmissible, their applications may be denied, or both. It is important that proper documentation is obtained before leaving the United States • Students should speak with an attorney to determine potential risks before exiting the country Information and Records The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. However, in the case of a lawfully issued subpoena, we are obligated to release information regarding a student. There is information, referred to as “Directory Information,” that we could release without a subpoena. The following are designated as Directory Information: • Student name, college-issued email address, dates of attendance, enrollment status (e.g., part-time, full-time), class level (e.g., freshman, sophomore), past or present participation in officially recognized activities and/ sports, height and weight of student athletes, degrees earned with dates, honors and /awards received, prior educational institutions attended, course of study and hometown (defined as residency where one was born or grew up). To have all of the “Directory Information” withheld, the student must give written notice to the Enrollment Center. For more information, visit FERPA at Oakton or call the Enrollment Center at 847.635.1700. Other Immigration Options Many DACA recipients may be eligible for other immigration options. In some cases they may obtain work permits or even green cards. • Students should talk to an immigration services provider to understand their legal options and determine their eligibility for other immigration benefits. • Students should avoid fraudulent service providers. Confirm credentials when working with an immigration service provider. Ask for a written contract, a receipt for any payment and get a second opinion before paying or signing a contract. Policies Protecting Undocumented Students Deferred Action for Childhood Arrivals (DACA): On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Although legislation has changed, and it may continue to do so. Initial DACA requests are no longer being granted, and review of requests are within the sole discretion of the Department of Homeland Security. Students should refer to the USCIS website regularly for updates. Illinois State Law HB 60: Under HB 60, undocumented students will be considered Illinois residents for purposes of receiving in-state tuition rates at public colleges and universities if they meet the following criteria: • The student has lived with their parents or guardian while attending a public or private high school in Illinois. • The student graduated from a public or private high school in Illinois or received the equivalent of a high school diploma in Illinois. • The student attended at least three years of high school in Illinois prior to the date the student graduated or received a high school diploma equivalent. • The student has registered as an entering student no earlier than the 2003 fall semester. • The student provides the college with an affidavit stating that the student will file an application to become a legal permanent resident (LPR) of the United States as soon as the student is eligible to do so.
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Illinois State Law for College Liaison HB3438: This law requires each public university and community college to designate an employee as an Undocumented Student Resource Liaison to provide assistance to undocumented students and mixed status student in streamlining access to financial aid and academic support. This law encourages each governing board to establish a Dream Resource Center on each of its campuses to offer support services, including, but not limited to, State, federal, and other financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. Illinois Dream Act: This act was signed into law on August 1, 2011 by Governor Pat Quinn. Illinois is the first state in the United States to create a private scholarship fund for undocumented students. The law makes scholarships, college savings and pre-paid tuition programs available to undocumented students who graduate from Illinois high schools. It also allows for the creation of the Illinois Dream Fund and the Illinois Dream Fund Commission. • Undocumented students who have an Individual Taxpayer Identification Number (ITIN), even if they do not have a social security number, can now take advantage of Illinois’ 529 college savings and prepaid tuition programs such as College Illinois! Prepaid Tuition Program, Bright Start and Bright Directions. • The Illinois Dream Fund Commission will gather contributions for the fund, publicize available scholarships and select recipients for those scholarships. The commission will also create and sponsor training programs for financial aid and admissions officers as well as high school counselors. The Initial DREAM Act S.1291 (2001): The Development, Relief and Education for Alien Minors (DREAM) Act (S.1291) legislation was introduced in 2001 as a bipartisan bill in the Senate. The legislative goal was to provide a means for undocumented immigrants who arrived in the United States as children to gain a pathway to permanent legal status; provided those individuals achieved certain milestones, including: • Attending or graduating from an institution of higher learning. • Be of a certain age to apply. • Be physically present in the United States for a certain number of years. • Have good moral character. • Have not violated other immigration laws. The Senate bill 1291 did not pass the Senate during the 107th Congress. However, in subsequent years, legis - lators have introduced numerous “DREAM Act” bills. There have been at least 21 subsequent bills attempting to pass a form of relief for DREAMers since its initial introduction in 2001: Development, Relief and Education for Alien Minors (DREAM) Act: Since 2001, some members of Congress have tried to pass the DREAM Act, which would clear a pathway to citizenship or legal residency for undocumented students who attend college or join the military. It would also make federal loans available to undocumented students. Though the bill has never passed into federal law, individual states have passed their own DREAM acts. As of 2016, Illinois, California and Minnesota have all used the DREAM moniker to pass state legislation creating financial aid funds specifically for undocumented students. Several other states and D.C. have adopted similar policies to provide state aid and in-state tuition status to undocumented students. HB 3882 Standard Identification Card: This bill was signed into law by Governor JB Pritzker, went into effect on July 1, 2024, and grants undocumented immigrants the opportunity to obtain a standardized Illinois Driver’s License. This replaced the current Temporary Visitor Driver’s License (TVDL) with a standard 4-year license that serves as a valid form of identification and remains compliant with the federal REAL ID Act. Illinois TRUST Act (SB 31): This act prevents Illinois law enforcement agencies and officials from detaining an individual based solely on an “immigration hold.” Also under this act, local police cannot stop, search, or arrest anyone based on their immigration or citizenship status.
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Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA): Enacted in 1996, this law amended and changed much of the immigration law that was current at the time. Of particular relevance to undocumented students is the following: Section 301 (Treating Persons Present in the United States without Authorization as Not Admitted): This section states that immigrants who are or have been unlawfully present in the United States for 180 days but less than 365 days will be barred from re-entering the United States for three years. If they are unlawfully present in the United States for 365 days or more, they will be barred from re-entering the United States for 10 years. In certain circumstances, both of these bars are subject to waivers. Additionally, while prior to 1996 only offenses carrying a sentence of five years or more could lead to immediate placement in deportation proceedings, IIRIRA made minor offenses such as shoplifting potentially deportable offenses. U Visa: The U visa is a type of special nonimmigrant visa created for victims of certain crimes in the United States. An undocumented immigrant may be eligible for this visa if a victim of a qualifying crime and cooperated with the police or prosecutor in the investigation or prosecution of the crime. The crime victim must demonstrate substantial physical or mental harm as a result of the crime, that they have information about the crime and that they are helpful, was helpful or is likely to be helpful to police or prosecutors. A conviction is not required in order to qualify for a U visa. The U visa is often beneficial to undocumented immigrants because it provides a path to citizenship. The U visa lasts for four years during which time the visa holder is allowed to legally reside and work in the United States. Additionally, the visa holder may be able to adjust to legal permanent resident (LPR) status after three years. Once the immigrant becomes a LPR they can permanently remain legally in the United States and typically after five years of legal permanent residence they can apply for naturalization as a U.S. citizen. The Violence Against Women Act (VAWA): The Violence Against Women Act is a federal law signed by President Bill Clinton in September of 1994. VAWA accomplished many things, including the creation of special provisions in immigration law to protect victims of abuse who are not United States citizens. In certain cases of domestic violence, VAWA makes it possible for abuse victims to self-petition so that they do not have to rely on their abuser to obtain lawful status. If you know of someone who may be in an abusive situation, help and information about shelters and other types of assistance is available. Please call the National Domestic Violence Hotline: 1.800.799.7233.
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Rights Everyone—documented and undocumented—has rights in the U.S. • Students should not open the door to their residence unless the agents requesting access have a warrant signed by a judge. • Students do not need to sign any documents they do not understand. • Students have the right to remain silent. • Students may document and report the incident by calling the Family Support Hotline at 855-HELP-MY-FAMILY (855.435.7693). • Students should keep a know-your-rights card with them at all times. iAmerica and Immigrant Legal Resource Center have cards available in a variety of languages.
Cards are available at the end of this pamphlet and online at: Know Your Rights | iAmerica Know Your Rights Red Cards
The information in this booklet was prepared by members of the Oakton College Undocumented and DACA Student Support Group (UDSG)
We are intellectually indebted to the following individuals, institutions and organizations for their assistance in helping us assemble this invaluable resource: AffordableCollegesOnline | Abrego & Gonzalez, 2010 | American Immigrant Council - Presidents’ Alliance on Higher Education and Immigration | Aurora Chang, MSW, Ph.D. - Share the Dream Conference 2015 | Castro-Salazar & Bagley, 2010 | The Community College Consortium for Immigrant Education | Migration Policy Institute | National Education Association | National Immigration Law Center | Northeastern Illinois University | Perez Huber & Malagon, 2007 | Perez, Cortes et. al., 2010 | University of San Francisco | USCIS | U.S. Department of Education Resource Guide: Supporting Undocumented Youth | The Anhelo Project | TheDream.US | Illinois Coalition for Immigrant and Refugee Rights (ICIRR) | Immigrant Legal Resource Center (ILRC) | Illinois Student Assistance Commission (ISAC) | iAmerica | U.S. Citizenship and Immigration Services
1600 East Golf Road, Des Plaines, Illinois 60016 7701 North Lincoln Avenue, Skokie, Illinois 60077 oakton.edu
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KNOW YOUR RIGHTS CARD ONE-SHEET Print and cut out these cards. Carry these cards with you. These cards can protect you if immigration or the police come to your house or question you. The card will tell immigration or the police that you are exercising your constitutional rights. You can share these cards with family and friends. Imprima y recorte estas tarjetas. Lleve estas tarjetas con usted. Estas tarjetas pueden protegerle si inmigración o la policía llegan a su casa o le interrogan. La tarjeta le dirá a inmigración o a la policía que usted está ejerciendo sus derechos constitucionales. Puede compartir estas tarjetas con sus familiares y amigos.
1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa. 1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa. 1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa.
1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa. 1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa. 1. I do not wish to speak with you or answer your questions. I am exercising my constitutional right under the 5 th Amendment of the United States Constitution to remain silent. No deseo hablar con usted o contestar sus preguntas. Estoy ejerciendo mi derecho constitucional bajo la 5ta Enmienda de la Constitución de los Estados Unidos de permanecer en silencio. 2. I want to speak to a lawyer before answering any of your questions. Quiero hablar con un abogado antes de contestar alguna de sus preguntas. 3. I do not give you permission to enter my home. No le doy autorización de entrar en mi casa.
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