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Equity in Education: Challenges Facing Undocumented Students

By Maritza Cha and Andrea Perez | March 2024

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About 98,000 students who are undocumented graduate every year in the United States. The 1982 US Supreme Court case Plyler v. Doe held, in a 5–4 decision, that states, such as Texas, could not charge tuition to undocumented children in public K–12 education or prevent them from enrolling in public schools. An undocumented student is a foreign national who entered the U.S. without inspection or with fraudulent documentation; or entered as a nonimmigrant with proper documentation but then overstated the terms of their status and remained in the U.S. without authorization, as defined by the National Immigration Law Center. Other terms used in reference to undocumented students include unauthorized, undocumented American, DREAMers, generation 1.5, and aspiring citizens. The term “illegal” is dehumanizing and hurtful and should not be used. No human being is “illegal." Undocumented students are not considered international students and do not have to meet international student admission criteria.

School-counselor-created safe spaces are crucial for students, especially for undocumented students who go from court case to court case unsure what a judge will decide. Modeling multicultural sensitivity by engaging in self-reflection and identifying personal biases is important for adults who want to be allies. Staying current on ever-changing state and local legislation is important for school counselors, who can provide crucial information updates to colleagues through email, handouts and presentations.

School counselors can attend conferences that inform college programming specifically for undocumented students, and can then share the resources with fellow educators (administrators, teachers and staff), which can identify school-based adult allies. Developing partnerships with community-based organizations is also important for students and families. The school counselor can connect undocumented students with college student groups or an organization that can help support them once in college.

School counselors can look for ways to engage families in activities, lessons and displays that reflect and celebrate diversity and cultural sensitivity. Undocumented students and mixed-status families usually need legal help. Although school counselors should not offer legal advice, they can provide families with information about their rights and immigration legal services in their primary language by partnering with a community organization that specializes in legal rights.

Parents of undocumented students may be unfamiliar with the American educational system, but reviewing the grading system, attendance, and how to read a report card can help them. School counselors can explain that parent-teacher conferences are an important part of advocating for their child. Another role for the school counselor is clarifying unwritten educational rules, such as students getting involved in clubs and extracurricular activities, and employment due to financial burdens can count if the student wants to attend a college. School counselors must ensure that families and students are informed about the different college systems.

Many concerns arise around financial aid, legal status and mental health when undocumented students apply to college. School counselors can host a Know Your Rights Night or a resource fair to showcase the nonprofits that can help all students, independent of citizenship status. The resource fair can include organizations that help with clothing, utilities, glasses, food, shelter, mental health resources, health services, intervention services, parent education, support groups, transportation services and youth programs.

Regarding mental health services, students could benefit from mental wellness Zoom rooms, hosting a virtual undocutalk and training for allies. Other mental health services include: Connecting students to local, state or national undocumented youth advocacy organizations is crucial. The organization that is most comprehensive in helping students' social/emotional and college and career domains is Immigrants Rising, which offers the document Top 10 Ways to Support Undocumented Students. Another resource is My Undocumented Life, a site created for undocumented students by undocumented students offering scholarship and fellowship information.

Reputable legal information and assistance should be in everyone’s toolbox. Organizations and nonprofits that can help include: Social media is a way to connect with other like-minded people and organizations. School counselors should continue networking within their state to find local resources. When you help an undocumented student, you help the entire community at large.  This population needs strong allies and advocates. Continue to advocate for undocumented students in your school, county, school district and state to create safe learning environments for all students.

Maritza Cha is a school counselor at San Gabriel High School in Alhambra, California, and Andrea Perez is a school counselor at Young Oak Kim Academy in Los Angeles.