PRACTICE HIGHLIGHTS

Lost American DREAM of Undocumented

Students: Understanding the DREAM
(Development, Relief, and Education for
Alien Minors) Act
Caleb Kim

ccording to recent immigration data,

approximately 5.5 miUion chdren in the
United States under the age of 18 live
in undocumented households, and between 1.5 and
2 million of them are undocumented students
(American Immigration Counc, 2011; Kossoudji,
2009; National Immigration Law Center [NILC],
2009). These undocumented students not only
live in fear of deportation, but also face an unequal
educational opportunity to pursue higher education. For example, 65,000 undocumented students
graduate from high school each year. However,
fewer than 10 percent of these students are able to
attend coUegenot due to a lack of desire for a
coUege education, but due to an inabity to afford
coUege tuition or to meet legal residency status
requirement of some coUeges (Bruno, 2012).
Under current immigration law, undocumented
students' residency status is solely determined by
their parents' immigration status. If their patents are
undocumented immigrants, students do not have a
pathway to obtain legal residency status even though
they may have Uved most of their Uves in the United
States. As a result, undocumented students suffer
from many psychosocial-educational problems, such
as fear of deportation, depression, loneliness, uncertain future after high school, unemployment, ineUgibUity for federal and state financial aids, and ban
from obtaining a dtiver's license (Educators for Fair
Consideration, 2011). Consequendy, these students
tend to drop out of high school and are at risk of
engaging in iUegal activities because they often have
Utde incentive to complete high school in Ught of an
uncertain fijture.
In response to this situation, the Development, Relief, and Education for Alien Minon Act

doi: IO.1O93/cs/cdsO41

2012 National Association of Sociai Workers

(commonly caUed the "DREAM Act") was introduced to protect undocumented students from
deportation and to provide them with a safer
leaming environment via a legal pathway for citizenship. However, the DREAM Act has not received
the necessary votes to become law since its introduction in 2001 as a bipartisan piece of legislation in
both the Senate and the House of Representatives.
On May 11, 2011, the latest version of the DREAM
Act was reintroduced in both the Senate and
the House of Representatives (Resmovits, 2011).
With this reintroduction, school social workers
should become knowledgeable about the proposed DREAM Act, because about one miUion
undocumented students in primary and secondary
schools may benefit from the proposed legislation
(Mai-Duc, 2011). Therefore, the purpose of this
article is to inform readers of the facts of the
DREAM Act and to provide practical guideUnes
for working with undocumented students and
their famiUes in school settings.
FACTS ON UNDOCUMENTED STUDENTS

An undocumented student is a student foreign

national who entered the United States without
inspection or with fraudulent documents or who
entered the United States legaUy as a nonimmigrant but violated the terms of his or her visa status
and remained in the United States without authorization (NILC, 2009). Although undocumented
students Uve in the United States legaUy, most of
them were brought to the United States by their
parents at a young age and received most of their
K-12 education in the United States. As a consequence, these students have much in common
with students bom in the United States. They

55

think of the United States as their country, often

have little attachment to their countries of birth,
and tend to be bicultural and fluent in both
English and their native languages. Often these
students do not even know that they are undocumented immigrants until they apply for a driver's
license or to attend college.
Yet, because of their undocumented immigration
status, these students face restricted day-to-day living
activities, even though they may work hard, excel
academically, and are highly involved in their
schools, churches, and communities. Under current
immigration law, undocumented students' academic
accomplishments and lengths of residency in the
United States do not justify their violation of immigration law and cannot be cited as mitigating factors
during deportation proceedings. Even worse, these
students have difficulty pursuing a college education
even if they are able to obtain admission because
they are ineligible for federal financial aid under the
Higher Education Act of 1965 (P.L. 89-329) and
are likev^se ineligible for state financial aid or
in-state tuition under Section 505 of Ulegal Immigration Reform and hnmigrant Responsibility Act
of 1996 (P.L. 104-208) (NILC, 2009). Considering
the issues that directly or indirecdy affect an undocumented student's day-to-day life, the DREAM Act
could help such students by protecting their educational opportunity and by advocating for their
human rights by preserving the faniily, providing
equal education opportunities, and shielding them
from child labor exploitations and abusive treatments (Parker, 2011).
REQUIREMENT IN THE DREAM ACT

Under the currently proposed DREAM Act,

undocumented students would obtain legalization
status through a two-stage process (American
Immigration Council, 2011; Bruno, 2012). The
first stage is to obtain a conditional legal permanent resident (LPR) status by meeting the following two requirements: (1) entered United States at
age 16 or younger and has at least five consecutive
years of residency and (2) has a high school
diploma or its equivalent or an admission to an
institution of higher education in the United States.
The conditional LPR status is given for a six-year
period if the qualified student does not comnut
crimes and is not a security risk. Students with conditional LPR status may work, attend school, and
engage in normal day-to-day activities like other

56

U.S. students. The second stage is to obtain a fullfledged LPR status by maintaining good moral
character and meeting at least one of the foUowing
three requirements: (1) acquisition of a degree from
a two-year college or vocational college in the
United States; (2) completion of at least two years
in a bachelor's or higher degree program; or (3)
service in the U.S. armed forces for at least two
years and, if discharged, having received an honorable discharge. If these students failed to complete
educational or mihtary requirements during the
two-stage process periods, they would lose either
conditional or full-fledged LPR status and face
deportation. Students eligible for legalization
through this two-step process would come not
only firom Latin American countries but from
diverse countries such as Iran, China, Russia, Ethiopia, Turkey, and so on, and they would reside in
all states.
Despite the potential benefits of the DREAM
Act to the United Statesincreased tax revenues,
reduced social costs of school dropout, provision
of humanitarian relief, recruitment of military personnel, and enrichment of cultural diversitythe
act's opponents argue that undocumented students
and their families should be deported because they
are in the United States illegally (Sessions, 2010).
Moreover, they object to spending taxpayen'
money to subsidize the college tuition of undocumented students by granting them in-state tuition
rates. Regardless of highly charged political stances
toward the DREAM Act, however, school social
workers should be prepared to provide relevant
student services when they encounter undocumented students and their families in a school
setting.
GUIDELINES FOR SCHOOL SOCIAL WORK
SERVICES

First, school social workers should recognize that

undocumented students have equal educational
rights as U.S. citizens and permanent residents.
In 1982, the Supreme Court ruled in Plylerv. Doe
that undocumented students have the same right as
othen to a fee public education through high
school under equal protection provisions of the
14th Amendment. Hence, undocumented students
are entided to a free public education, including
student personnel services such as social work and
guidance services (Minnesota Department of Education, 2010). In addition, school social workers

Children & Schools

VOLUME 35, NUMBER i

JANUARY 2013

should be aware that prohibiting equal educational

rights for undocumented students is a violation of
article 2.2 of the Convention on the Rights of the
Child, because this provision declares that "child is
protected against all forms of discrimination or punishment on the basis of the [immigration] status or
activities of the chud's parents" (United Nations
General Assembly, 1989). Hence, helping undocumented students not only comphes with domestic
and intemational regulations, it also fits the purposes of school social work services and the NASW
(2008) Code of Ethics, which promote equal access
to resources (for example, equal educational rights)
and basic human rights of all children (Kim, 2006;
NASW, 2008).
Second, school social workers should know that
it is illegal to inquire about the immigration status
of students or their parents (Bemstein, 2008). Furthemiore, school personnel are forbidden from
sharing any information about a student's immigration status with any individual or institution,
including government agencies that enforce immigration laws (LaFee, 2007). Hence, school social
workers should not ask a direct question about a
student's immigration status. Often, undocumented students consider a question about their
immigration status to be a threat and may disengage from services unless they trust a school social
worker. However, when students reveal their
undocumented status, social workers should
encourage them to understand their residency status, advise them to contact a hcensed immigration
attorney, and offer to help them access legal services from the community. If an undocumented
student has already applied for citizenship, school
social worken can help identify where the paper\vork is in the application process even though
they cannot officially help an undocumented student become a legalized resident.
Third, undocumented students may not know
how their legal status will hmit their educational
opportunities, military service, coUege admission,
federal and state financial aid, and employment
after high school graduation. Hence, school social
workers should reach out to all students as early as
possible and encourage them to prepare academicaUy for coUege admission, because coUege graduation is one of the requirements for obtaining
citizenship by undocumented students under the
proposed DREAM Act. Currendy, no federal or
state law prohibits the admission of undocumented

KIM / Lost American DREAM of Undocumented Students

students to pubhc or private coUeges, and no federal or state law requires a student to prove legal
residency status to enter a coUege, although admission pohcies may vary depending on the coUege.
Therefore, if an opportunity for college education
arises, school social workers should inform students that undocumented status is not a legal bar
to attending a coUege.
Fourth, undocumented students suffer from constant fear of deportation, anxiety, loneliness, depression, limited travel options, and economic difficulties
(Bruno, 2012). In addition, undocumented students
are at higher risk for underachievement, tmancy,
dropout, and illegal behaviors because they have Utde hope of achieving their academic goals. Therefore, school social workers have a responsibility
to help undocumented students acknowledge and
resolve their psychosocial-educational needs and
problems resulting from their iUegal immigration
status. To address these needs and problems,
school social workers should do the following
eight things: (1) identify older undocumented students to serve as role models; (2) help undocumented students to obtain ongoing mentoring and
access to advice; (3) identify private sponsors who
can provide financial support to undocumented
students; (4) help undocumented students plan
for life after high school; (5) provide supportive
services, such as individual and group counseling,
individuahzed academic planning, crisis counseling, and referral to quahfied legal counsel to
explore possible immigradon remedies; (6) address
the benefits of staying in high school and attending coUege; (7) educate parents about the students'
educational dghts and the coUege admission process;
and (8) collaborate vwth school counselors and college admission officers when a student prepares for
coUege admission. Because states that permit undocumented students to pay in-state tuition (for example,
Cafomia) provide school personnel with the necessary training and matedals, school social workers may
obtain more specific information from their state's
education agencies.
Finally, school social workers should be familiar
with federal and state laws as weU as specific pohcies
that affect undocumented students. They should be
up to date and knowledgeable about recent changes
in the law. For example, as of today, 12 states (Califomia, Illinois, Kansas, Maryland, Nebraska, New
Mexico, New York, Oklahoma, Texas, Utah,
Washington, and Wisconsin) have passed laws

57

providing in-state tuition rates to undocumented

students, but the requirements for such benefits
vary depending on the state. Generally, these states
allow in-state tuition for undocumented students
only if they have attended a high school in their state
of residence for three or more years and obtained a
diploma (or GED). However, Arizona, Colorado,
and Georgia specificaUy prohibit undocumented students firom receiving in-state coUege tuition, and
South Carolina bars undocumented students from
enroUing in state colleges at all (Mangan, 2011).

CONCLUSION
The purposes of the D R E A M Act are to provide
undocumented students with equal educational
rights and to protect their human rights by providing a legal pathway to citizenship. However, the
D R E A M Act has not yet become law because of
highly charged political issues and the complexity of
immigration laws. As a result, undocumented students suffer from psychosocial-educational difficulties
stemming firam lack of hope and uncertainty regarding the friture. Despite their difficulties, undocumented students may be overlooked by school social
workers because these students may undenise social
work services due to fear of deportation or lack of
awareness of relevant services in their schools. Such
situations create a vicious cycle of problems for
undocumented students and frirther intensify their
struggles in school. Therefore, school social workers
should reach out proactively to undocumented students and acknowledge their needs and problems. In
addition, school social workers should advocate for
the DREAM Act along with state legislation that
supports undocumented students' educational rights.
By reaching out to undocumented students and
advocating for the DREAM Act, school social
workers can play the role of providing undocumented students with equal educational tights and
human tights in a safer learning environment. ^S

Service Report 7-5700, RL33863;. Retrieved from

http://www.fas.org/sgp/crs/misc/RL33863.pdf
Educators for Fair Consideration. (2011). How to support
college-bound undocumented students: Advice for counselors
and educators. Retrieved from http://\vww.e4fc.org/
images/E4FC_EducatorGuide.pdf
Higher Education Act of 1965, P.L. 89-329, 79 Stat. 1219
(1965).
Illegal Immigration Refomi and Immigrant Responsibility
Act of 1996, P.L. 104-208, 110 Stat. 3009 (1996).
Kim, C. (2006, April 1). Re-conceptualizing school social work:
From social work services in school to educational welfare.
Paper presented at the 100th Anniversary of School
Social Work Conference, Boston.
Kossoudji, S. A. (2009, November). Back to the future:
The impact of legalization then and now. Retrieved
from http://immigrationpolicy.org/sites/default/files/
docs/The_Inipact_of_Legalization_Then_and_Now_
Kossoudjl_110509.pdf
LaFee, S. (2007). Fighting for immigrant children's rights.
School Administration, 64, 1016.
Mai-Duc, C. (2011, June, 29). Immigration bill back but
still just a DREAM. Chicago Tribune, p. 24.
Mangan, K. (2011, May 18). In-state tuition for illegal
immigrants can be a plus for both states and
students. Chronicle of Higher Education. Retrieved
from http://chronicle.com/article/In-State-Tuitionfor-Illegal/127581/
Minnesota Department of Education. (2010). Working with
refugee students in secondary schools: A counselor's companion. RosevlUe, MN: Author.
National Association of Social Workers. (2008). Code of ethics of the National Association of Social Workers. Washington, DC: NASW Press.
National Immigration Law Center. (2009). DREAM Act:
Basic information. Washington, DC: Author.
Parker, A. (2011, June 1). Tlie humanrightsof "dreamers."
Retrieved from http://wTAav.huffmgtonpost.com/
alison-parker/the-human-rights-of-dreamers_b_
888081.html
Plyler v. Doe, 457 U.S. 202 (1982).
Resmovits,J. (2011, May 11). DREAM Act reintroduction
gives undocumented students tempered hope. Retrieved
from http://wvvw.huffingtonpost.com/2011/05/ll/
dream-act-reintroduction-_n_860589.html
Sessions, J. (2010, December 18). Sessions speaks
against DREAM Act (Floor Statement). Retrieved
from http://www.sessions.senate.gov/public/index.
cfm?FuseAction=Le gislativeResources.Floors tatements&ContentRecord_id=5716B60B-08F297AD-710D-91E045C47200
United Nations General Assembly. (1989). Convention on
the Rights of the Child. Retrieved from http://www2.
ohchr.org/english/law/crc.htm
Caleb Kim, PhD, MSW, is associate professor. School of
Social Work, Loyola University Chicago, 820 North Michigan Avenue, 1221 Lewis Towers, Chicago, IL 60611;
e-mail: ckim4@luc.edu.

REFERENCES
American Immigration Council. (2011, November 17).
The DREAM Act: Creating opportunities for immigrant
Original manuscript received August 5, 2011
students and supporting the U.S. economy. Retrieved
Accepted August 24, 2011
Advance Access Publication December 28, 2012
firom http://immigrationpolicy.org/sites/default/files/
docs/Dream_Act_071310_0.pdf
Bernstein, J. (2008, May 13). No federal requirement that school
administrators inquire about students' immigration status or
report those who are undocumented, DHS confirms.
Retrieved from http://www.nilc.org/immlawpolicy/
dream/Dream009.htm
Bruno, A. (2012, June 19). Unauthorized alien students: Issues
and "DREAM Act" legislation (Congressional Research

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Children & Schools VOLUME 35, NUMBER i

JANUARY 2013

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