A new guide from the Education Department aims to help school systems better serve students who lack legal status

By Lauren Camera Oct. 20, 2015 | 2:11 p.m. EDT

As districts across the country struggle with how to integrate into their public school systems students who have streamed into the U.S. without legal permission from Central America and elsewhere, the U.S. Department of Education has unveiled a playbook to help them.

The more than 50-page guidebook comes as some state lawmakers in recent years, including in Alabama and Arizona, have pushed legislation that would make it more difficult for students in the country illegally to attend school. For months, superintendents also have been inundating the department with requests for help.

In a letter sent to state school chiefs Tuesday that accompanied the guide, Education Secretary Arne Duncan underscored that under the U.S. Supreme Court decision in Plyler v. Doe, states and school districts are obligated by federal law to provide all children – with or without legal status – with equal access to basic public education.

“As a nation of immigrants, America has benefited from the vitality and enthusiasm brought to its shores by those seeking a better life – and education is a key pathway to success for many new Americans,” Duncan wrote.

The Education Department estimates that 80,000 youths in the country illegally turn 18 each year, and approximately 65,000 graduate from high school. But only 5 to 10 percent enroll in college, and even fewer graduate.

The guide stresses the benefits of applying for the Department of Homeland Security’s Deferred Action for Childhood Arrivals program, also known as DACA, which allows certain people who came to the U.S. illegally as children and who meet other criteria to request two-year relief from removal.

“Educators, counselors and principals often serve as informal and trusted advisers to students and families, and thus are uniquely positioned to share critical information and resources for undocumented youth, including those requesting or renewing DACA," Duncan wrote.

Delegated Deputy Education Secretary John King, who will step into Duncan's role in December, unveiled the guide while sitting beside students at San Francisco State University in California.

The school has been one of the most welcoming higher education institutions for those without legal status, and employs a cadre of advisers to help such students navigate financial aid options and other university resources. The school also has a task force of faculty, staff and students who mentor them.

“We know undocumented youth face unique challenges and we also know that educators and other caring adults in schools and colleges can play a major role in helping all students, including undocumented students, to achieve at the highest levels,” King said.

Since 2012, when DACA was first offered, more than 680,000 young people have qualified. According to the Education Department, researchers estimate that nearly 1.5 million youths in the U.S. are eligible for DACA, and another 400,000 will become eligible in the coming years. Last year, President Barack Obama announced an expansion of the program, though a federal court in Texas issued an order suspending it. The original DACA program remains in place.

The guide provides an overview of the rights of students who entered the country illegally and guidance for migrant students about how to access their education records for DACA, which they need to apply for the program. There is also important information about avoiding immigration scams and unauthorized practitioners of immigration law.

The playbook additionally focuses on how non-citizens can access federal financial aid, and includes a list of private scholarships for which they might be eligible, as well as information on federally funded adult education programs.

Students without legal documentation, including DACA recipients, are ineligible for federal student financial assistance. But they may be eligible for state, institutional and private student aid. Similarly, they may be eligible to pay in-state tuition rates at public postsecondary institutions.

U.S. Citizenship and Immigration Services Director Leon Rodriguez applauded the Education Department for making such material available.

“It’s been three years since we unveiled DACA for those eligible young undocumented immigrants who were brought to the U.S. as children,” he said. “We strongly encourage those who might be eligible for DACA to use this resource guide.”

In the coming months, the Education Department is planning to issue similar guidance for early childhood education.

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