Improving benefits access for children in foster care
Policy Brief. final draft
1. Background
Undocumented immigrants that live in the United States are either prohibited from attending uni-
versities or they are forced to pay out-of-state tuition, making it nearly impossible for them to pay
for an education. Our government currently allows all children to attend public school through
high school, but then it doesn’t aid undocumented children in the ability to further their education.
This fact leads to these certain individuals either dropping out of high school or not pushing them-
selves to make good grades because they know the dream of going to a university is out of their
reach. This in turn leads to the problem of undocumented immigrants having less status in our cul-
ture and less chances to improve their lives by obtaining well-paying employment opportunities. In
2012 Obama used a deferred action policy known as DACA to allow those immigrants born in the
US to stay in the country without fear of deportation and obtain work permits, if they are eligible.
Linh Dinh, Haley Filholm, Betty Godlas, Taliah Lamar-Herring, Erica
Lee, Leah Mosshart, & Alexandria Nabors. University of Georgia
Facts & Figures
Of the 11 million undocumented immigrants
in the US, 2 million are under age 30.
Undocumented status tears families apart. 4.3
million people in the world are waiting to be
reunited with their families in the US.
438,421 undocumented immigrants were de-
ported in 2013, but these numbers plummeted
in the last year.
Undocumented adults and children are more
likely to be exploited in the workforce.
As of March 2015, 665,000 people have been
approved for DACA.
5 million parents and DREAMers will receive
temporary work permits and avoid deporta-
tion.
Only 14% of the 393,000 undocumented immi-
grants in Georgia will get post-secondary
education.
DACA 2011
Deferred Action for
Childhood Arrivals.
Allows those who
arrived as children to
avoid deportation and
receive renewable
work permits.
DREAM ACT
Development, Relief,
and Education for
Alien Minors Act.
Federal policy to al-
low in-state tuition
among many other
benefits. Reintro-
duced in 2011. Cur-
rently stalled in Con-
gress.
CURRENT STA-
TUS
18 states allow undoc-
umented students in-
state tuition. 3 states
bar in-state tuition.
GEORGIA STATE
BOARD OF RE-
GENTS
Barred in-state tui-
tion in 2011.
Social Indicators
Primary Education: Support for bilingual stu-
dents through speech-language pathology treat-
ment is not always covered by Medicaid, even if a
student receives Medicaid or PeachCare.
Health as a Holistic Social Indicator: No access to
federally funded programs like Medicare, Medi-
caid and CHIP (Child Health Insurance Pro-
gram). 25% of all people without health insurance
are undocumented immigrants. Congress pre-
vented hospitals from “dumping” patients who
could not afford to pay for their care under the
Emergency Medical Treatment and Active Labor
Act (EMTALA) in 1986. No access to preventive
or typical medicine. Much of their care is done in
emergency rooms.
Plyler V. Doe: A Texas statute that withholds
from local school districts any state funds for the
education of children who were not legally admit-
ted to the US. Authorizes local school districts to
deny enrollment to such children, violates the
Equal Protection Clause of the 14th
Amendment.
The 1982 Supreme Court decision in Texas case
whihch ruled that public schools must provide
non-citizen children with K-12 education.
2. POLITICAL DEAD-
LOCK
There is not enough po-
litical will to craft biparti-
san immigration reform at
this time.
AWARENESS
Change will require sus-
tained effort to inform
policymakers and the pub-
lic and to keep immigra-
tion reform on the agenda.
Family Impact Analysis
DACA simply allows youth to be able to stay in the country and it costs $465 to apply. Does not provide
support to all types of families involved in this issue because it only concerns the individual status of a young
family member and does not relate to adoption, foster parents or stepparents. Is limited in its ability to help
the family to avoid serious problems before they become serious. Ensures that a young adult can stay in the
country but that is all. Gives access to work and papers which provide safety but it only concerns young
individuals and not the entire family. Some individuals can not apply for things that require social security
numbers that can help that family but their whole family cannot use DACA to have their own papers. If
you are in immigration detention DACA does allow for you to tell the officer that you are DACA eligible
but this is only for the individuals and not the entire family. An individual cannot help their own family
from being deported. Does not recognize major changes in family relationships and that these processes con-
tinue overtime and require support. You can apply for advanced parole for $360 which allows the individual
to travel but you must be approved before you travel and you risk getting stuck outside of the US if you go.
If the individual needed to leave immediately to help a sick relative or to visit a divorced parent they could
not.
Family Impact of ban on in-state tuition: Erodes family stability (fragmentation). Students cannot afford out-of-
state tuition. In states that do allow in-state tuition, students need a year to establish residency. Students who
are forced to move to another state lose family support. Lack of college degree predicts low wages across the
lifespan. Lack of agency to plan one’s future is disheartening. Immigrants pay a large amount of taxes and are a
large part of our agricultural economy.
Sources
Bilingual Service Delivery: Overview. (n.d.). Retrieved April 12, 2016, from http://www.asha.org/PRPSpecificTopic.aspx?
folderid=8589935225
Bogenschneider, K. (2014) Family Policy Matters: How policymaking affects families and what professionals can do. (3rd
ed.) New
York: Routledge.
Chishti, M. (2012, Aug 16) Key Factors, Unresolved Issues in New Deferred Action Program for Immigrant Youth Will Determine
Its Success. Retrieved from http://www.migrationpolicy.org/article/key-factors-unresolved-issues
DACA (Deferred action for childhood arrivals). (2015). Retrieved from http://www.immigrationequality.org/get-legal-help/
our-legal-resources/path-to-status-in-the-u-s/daca-deferred-action-for-childhood-arrivals/
DACA at Year Three: Challenges and Opportunities in Accessing Higher Education and Opportunities . (n.d.).
Retrieved April 14, 2016, from http://www.immigrationpolicy.org/special-reports/DACA-at-Year-Three-
Challenges-and-Opportunities
Immigrant Legal Resource Center. (2013). DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) Fact Sheet.
Retrieved from http://www.ilrc.org/files/documents/daca_fact_sheet.pdf
Immigrant Legal Resource Center. (2015). Travel for DACA Applicants (Advance Parole). Retrieved from
http://www.ilrc.org/files/documents/advance-_parole_guide.pdf
Jackson, A. (2016). This student’s state barred her from its best public universities, so she went to the Ivy League instead.
Business Insider. Retrieved from: http://www.businessinsider.com/valentina-garcia-gonzalez-undocumented-
student-could-not-attend-the-georgia-university-system-2015-12
U.S. Citizenship and Immigration Services. (2016). Consideration of Deferred Action for Childhood Arrivals (DACA).
Retrieved from https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
O’Neal, L. (2015) Emory to Offer Financial Aid to Undocumented Students. The Emory Wheel. Retrieved from: http://
emorywheel.com/emory-to-offer-financial-aid-to-undocumented-students/
Profile of the Unauthorized Population - GA. (n.d.). Retrieved April 14, 2016, from http://www.migrationpolicy.org/data/
unauthorized-immigrant-population/state/GA
Undocumented Immigrants in the United States: U.S. Health Policy and Access to Care. (n.d.). Retrieved April 11, 2016,
from http://www.undocumentedpatients.org/issuebrief/health-policy-and-access-to-care/
Recommendations
1. Overall, allow undocumented immigrant students to attend college in the state of Georgia and pay in state tuition if they
have lived in Georgia for at least 12 consecutive months. Satisfies the Impatient camp because they would like to see higher education
accessible to all.
2. Pass the Development, Relief, and Education for Alien Minors Act. This helps those who are undocumented become United States
citizens which will satisfy the Concerned camp, with their argument being that education should be limited to “authorized” students.
3. Allow them to be eligible for state financial aid. We did not say federal because not all states have the same policy in place, and we
respect that, so we do not want their tax dollars going to fund these students. This will also satisfy the Satisfied camp because they believe
that women can enjoy more education in patriarchal society. It is known that women tend to make less money than men per dollar, this will
allow a relieving of financial burden making it a greater possibility that women can not only attend college, but they can complete a degree.
4. Clear communication of requirements and expand outreach
This allows DACA students to know of the opportunities that are afforded to them.