Immigrant Students including Undocumented Students and Students with DACA
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Frequently Asked Questions on Immigration Policy and Law Relating to Students
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What is DACA?
The acronym “DACA” refers to the federal “Deferred Action for Childhood Arrivals” program, which was deployed by Executive Branch memorandum on June 15, 2012.
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Is DACA a pathway to citizenship?
DACA does not confer legal status, nor does it offer a pathway to permanent residency or citizenship. Only certain undocumented individuals who have no significant criminal history and meet educational criteria are eligible for the program. DACA status provides temporary administrative relief from the possibility of deportation (two years subject to renewal). Various legal challenges to the DACA program are ongoing in the courts.
The U.S. Supreme Court announced on June 28, 2019, that it will grant the Trump administration’s request that it review the federal court cases challenging Trump’s termination of DACA. For now, the three U.S. district court orders allowing DACA recipients to submit renewal applications remain in effect, and U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications from anyone who has previously had DACA.
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If the DACA program is ended, will DACA recipients be allowed to remain enrolled at Texas State?
Yes. Texas State admits all qualified students regardless of immigration status.
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If the DACA program ends, will I still be eligible to pay in-state tuition rates to attend this university/college?
Yes. Texas law authorizes persons classified as Texas residents to pay in-state tuition. Texas Education Code Section 54.052 and 19 Texas Administrative Code §21.24 outlines specific ways of determining whether a student enrolling at a public institution of higher education is classified as a Texas resident. The Texas Higher Education Coordinating Board has a Frequently Asked Questions on “Eligibility for in-state tuition and state financial programs” on its website.
http://www.thecb.state.tx.us/reports/PDF/9054.PDF?CFID=75314517&CFTOKEN=13839274
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Does Texas State share student information with federal officials?
Texas State vigorously defends the privacy rights of students and will not release information about a student’s immigration status to anyone without a validly issued subpoena, court order or search warrant. The Federal Education Rights and Privacy Act (“FERPA”) prohibits colleges and universities from releasing information from students’ education records without consent, except under certain specified circumstances.
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Under what circumstances will Texas State share student information with federal officials?
There are two important exceptions to FERPA:
a. First, the Student Exchange and Visitor Program (“SEVP”) provides that participating institutions are subject to on-site review at any time, meaning that SEVP field representatives visiting a campus are authorized to obtain information about students on temporary student and training visas (F and J) – but not about DACA or undocumented students.
b. Second, the USA Patriot Act serves as an exception to FERPA and permits federal officials, upon issuance of a court order alleging terrorist activities, to obtain information from education records without consent.
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What is ICE and does it have authority to remove students, faculty, and/or staff from campus?
The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security, principally responsible for immigration enforcement, with additional responsibilities in countering transnational crime. ICE maintains a policy which provides that they will not engage in immigration enforcement in sensitive locations like schools absent prior approval by a supervisor or exigent circumstances. The policy can be found here: https://www.ice.gov/doclib/ero-outreach/pdf/10029.2-policy.pdf Individuals should be mindful that this policy may change.
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If ICE agents detain a Texas State student, will Texas State release personal information to ICE agents including parent’s address or emergency contact information?
Student information is confidential and will not be released unless legally required to do so. If Texas State is presented with a warrant, we will comply with the warrant and provide only the information required by the warrant.
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How many Texas State students have DACA status?
The population of Texas State students with DACA status is currently unknown as such information is not maintained by Texas State.
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Does Texas State university police department arrest students who are undocumented?
All students, regardless of their immigration status in the US, are expected to comply with all university/college and System rules and regulations. Students will not be held or arrested by UPD on the basis of immigration status alone.
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What’s the difference between DACA and the Dream Act or “Dreamers”?
DACA recipients refers to those individuals protected under President Obama’s Deferred Action for Childhood Arrivals (DACA). The term “DREAMer” refers to those who would be protected under the Development, Relief, and Education for Alien Minors Act (DREAM Act), a bill in Congress that has been proposed several times but never passed.
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If I have questions or concerns related to either DACA or ICE, and/or if am looking for additional resources for undocumented students or other individuals on campus, where do I go or who is the best person to talk to on campus?
The Student Diversity and Inclusion Office located in the LBJ Student Center, Suite 5-2.1 is one of the primary offices available to talk with you. Other offices that can assist and resource information can be found on the Diversity Connection website at www.sdi.txstate.edu.
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General Information and Terminology
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Who is an undocumented person?
Undocumented persons are immigrants who entered the United States without inspection or overstayed their visas & are present in the United States with or without their parents. They face unique legal uncertainties and limitations within the U.S. educational system.
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Basic Terminology - Courtesy of College Uncomplicated
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Guides for Educators, Administrative Staff, and Community Organizers
US Department of Education - Resource Guide: Supporting Undocumented Youth (pdf)
CollegeBoard Advocacy: Young Lives on Hold: The College Dreams of Undocumented Students (pdf)
Deferred Action for Childhood Arrivals: A Guide for Educators and School Support Staff (pdf)
Educational Equity Beyond Access: Institutional Support for DACAmented and Undocumented Students (pdf)
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Phone: 512-245-2370
Email: LegalHelp@txstate.edu
LBJ Student Center, Suite 5-1.5
109 Student Center Drive
Attorney for Students
Attorney with Immigration Experience
Attorney for Students offers free legal counseling services to all currently enrolled Texas State University students. All student information is protected by attorney-client privilege and is treated confidentially by all personnel. The Attorney for Students office is available to answer any and all questions related to U.S. immigration laws and how they may affect you. Visit Attorney for Students for information on Immigration, Criminal, Consumer, Insurance, Renting, Employment, Environmental, Family, Federal, and Business Law; and Support for LGBTQIA+ Students, Student Veterans, and Students pursuing a legal career.
Student Community of Progressive Empowerment - SCOPE
SCOPE is a registered student organization that was founded in 2014 with the sole purpose of supporting and serving undocumented and DACAmented students. It is the first of its kind at and in the history of Texas State. SCOPE serves as a safe space that protects and empowers undocumented or DACAmented (Deferred Action for Childhood Arrivals) students. This community is student led and driven.
Join the Community of Bobcat Dreamer Allies
Become a Bobcat Dreamer Ally
Faculty, staff and students interested in becoming an Official Supporter of undocumented and DACAmented students can participate and complete the In Limbo: Dilemmas Faced by Undocumented & DACAmented Students.
Bobcat Dreamer Safe Office Program
Departments and offices that are designated Dreamer Safe Offices when 50% or more of all full-time employees (FTE) have completed the In Limbo: Dilemmas Faced by Undocumented & DACAmented Students. A Dreamer Safe Office ensures that undocumented and DACAmented students receive timely services and resources.
Scholarships & Financial Support
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On Campus |
Off CampusDREAM Act Student Activist Scholarship Geneseo Migrant Center (list) My (Un)documented Life (list) Scholarships A-Z (list) List of Scholarships (pdf) Undergraduate (pdf) | Graduate (pdf) |
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UndocU - Do I get in-state tution or state financial aid?
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Are undocumented students eligible for state financial aid?
Yes, but only in California, New Mexico, Texas and Washington.
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Are undocumented students eligible for in-state tuition?
Yes, undocumented students may be eligible for in-state tuition in the following states: California, Colorado, Connecticut, Illinois, Kansas, Kentucky, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah and Washington.
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Are DACAmented students eligible for in-state tuition?
Yes, DACAmented students are eligible for in-state tuition in the states mentioned above and in some schools in Arizona, Florida, Massachusetts, Missouri and Ohio.
Student Organizations at Neighboring Colleges/Universities
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Lamar UniversityTexas A & M University |
University of North TexasUniversity of Texas - AustinUniversity of Texas - Pan American |
Local & National Organizations
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National |
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Additional National Organizations
American Immigration Lawyers Association - National association of attorneys and law professors who practice and teach immigration law.
Avvo - Avvo has ratings, reviews, and disciplinary records for lawyers in every state. Get free legal advice, find the right lawyer, and make informed legal decisions.
Bernardo Kohler Center - Their mission is to attain safety, respect, and justice for abused, abandoned, neglected juveniles, victims of crime, human trafficking victims, and asylum seekers by providing legal, social, and educational services.
Catholic Charities: Archdiocese of San Antonio, Inc. - Provides 23 bilingual and culturally sensitive programs in 19 counties that empower individuals and families in our community to become self-sufficient. Offers Anti-Trafficking Program, Immigration Services, and Refugee Services. Only represents clients in San Antonio Immigration Court.
College Board - The College Board is a mission-driven not-for-profit organization that connects students to college success and opportunity.
DREAM Act - Did not pass. The DREAM Act is a bipartisan legislation ‒ pioneered by Senator Orin Hatch [R-UT] and Senator Richard Durbin [D-IL] ‒ that can solve this hemorrhaging injustice in our society. Under the rigorous provisions of the DREAM Act, qualifying undocumented youth would be eligible for a 6 year long conditional path to citizenship that requires completion of a college degree or two years of military service.
Immigration Clinic - University of Texas School of Law - The clinic works closely with DREAMers (undocumented young people) as well and has organized large-scale workshops to assist with applications for Deferred Action for Childhood Arrivals (DACA). Will represent aliens in Asylum cases. Clinic is closed from May 1 until September 1.
Immigration Policy Center - The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy in U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.
Mexican American Legal Defense and Education Fund (MALDEF) - MALDEF strives to implement programs that are structured to bring Latinos into the mainstream of American political and socio-economic life; providing better educational opportunities; encouraging participation in all aspects of society; and offering a positive vision for the future. Unique to MALDEF is an approach that combines advocacy, educational outreach, and litigation strategies to achieve socio-economic change.
Refugee & Immigrant Center for Education and Legal Services (RAICES) - RAICES has a dedicated team of attorneys, accredited representatives, and legal assistants, in addition to volunteers, student interns and partnering pro bono attorneys.
Texas Rio Grande Legal Aid, Inc. - Non-profit organizations that provides free legal services to the residents of Southwest Texas who are unable to afford the fees of attorneys in private practice. In eight of the counties, TRLA provides representation in criminal cases through its Public Defender Division. TRLA serves migrant and seasonal farm workers throughout the Texas (includes Austin and San Antonio) and more states. Will represent Legal Permanent Residents, US citizens, and U-Visa or T-Visa applicants.
Lawyer Referral Service of Central Texas - Austin Lawyer Referral Service (LRS) of Central Texas, Inc., is a nonprofit service that was established in 1966. The program was designed to assist people who may not understand the legal system and who worry about the potential costs of seeing a lawyer.
Volunteer Legal Services of Central Texas - Volunteer Legal Services of Central Texas (VLS) is a 501 (c)(3) non-profit organization that provides civil legal services to low-income people through attorney volunteers in Travis County. Our attorneys help people with critical matters, such as helping victims of abuse end violent relationships, connecting persons with disabilities with medical and financial benefits, and keeping people out of homelessness by defending against wrongful evictions and foreclosures.
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Austin, TX - Immigration Services and Attorneys
American Gateways
One Highland Center
314 Highland Mall Blvd., Ste. 501
Austin, Texas 78752-3733
(512) 478-0546 ext. 200
Type of service: All immigration; handles DACA cases
Bernardo Kohler Center
4009 Banister Lane, #240
Austin, TX 78704(512) 831-4272
Type of work: Mostly immigrant youth (Special immigrant juvenile, T and U visas)
Casa Marienella
821 Gunter Street
Austin TX 78702
(512) 385-5571
Type of services: Walk in consultations: Thursdays from 1:00 PM - 5:00 PM; Asylum support (lodging, EADs); limited full service
Catholic Charities of Central Texas
Immigration Legal Services
1625 Rutherford Lane
Austin, TX 78754
(512) 651-6100
Type of service: Do not take cases in detention or in removal proceedings
Equal Justice Center
510 S. Congress Ave., Ste. 206
Austin, TX 78704
(512) 474-0007
Type of service: DACA only; also handles employment rights cases
Justice for Our Neighbors
Parker Lane
Austin, TX 78741
(512) 645-7200
Type of services: family immigration, naturalization, U visa/VAWA, and SIJ 2105; Free clinic one Saturday a month at Servant Church Austin (1605 E 38½ St.); quarterly clinics in Georgetown and Smithville; Call or email for appointment.
RAICES - Refugee and Immigrant Center for Education and Legal Services
Main Buiding - 2800 IH-35 South, Suite 215
Austin, TX 78704
(512) 994-2199
Walk-in consultations: Wednesdays arrive by 8:00 AM (first come, first served)
Caritas Building - 611 Neches Street
Austin, TX 78701
(512) 994-2199
Walk-in consultations: Tuesdays arrive by 8:00 AM (first come, first served)Type of services: Unaccompanied children; low-cost legal services; Family based, asylum, SIJ, DACA, Naturalization, U Visa, VAWA
Refugee Services of Texas
500 East St. John Ave Suite 1.280
Austin, TX 78752
(512) 472-9472
Fax - (512) 377-2233
SafePlace
P.O. Box 19454
Austin, TX 7876024 Hour Hotline: (512) 267-SAFE (7233)
Text: 737.888.7233
Office Administration Phone: (512) 267-7233
Fax: (512) 385-0662
Type of services: Domestic violence, women & children’s shelter
Texas Civil Rights Project
1405 Montopolis Drive, Austin, Texas 78741
(512) 474-5073
info@texascivilrightsproject.org
www.texascivilrightsproject.org
Type of services: Take a small number of mostly U-Visas, VAWA
University of Texas - Immigration Clinic
727 E Dean Keeton St Austin, TX 78705
(512) 232-1292
Type of work: Various case types accepted; will represent clients in detention & removal proceedings; only open Sept - May
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San Antonio, TX - Immigration Services and Attorneys
American Gateways – San Antonio Office
2300 W. Commerce Street, Suite 313
San Antonio, TX 78207(210) 521-4768 ext. 232 or 233
Equal Justice Center
301 Broadway Street, Suite 309
San Antonio, TX 7809
(201) 308-6222
Type of service: DACA only; also handles employment rights cases
RAICES - Refugee and Immigrant Center for Education and Legal Services
1305 N. Flores
San Antonio, TX 78212
(210) 222-0964
Types of services: removal defense, unaccompanied children, low-cost legal services, DACA
Catholic Charities of San Antonio - Refugee and Immigration Services
1801 W. César E. Chávez Blvd
San Antonio, TX 78207
(210) 433-3256
https://ccaosa.org/refugee-immigration-services
St. Mary’s University - Center for Legal and Social Justice
2507 N.W. 36th St.
San Antonio, TX 78228
(210) 431-2596
(800) 767-4848
law.stmarytx.edu/academics/special-programs/center-legal-social-justice/
Texas RioGrande Legal Aid, Inc.
1111 N. Main Avenue
San Antonio, TX 78212
(210) 212-3700
www.trla.org/office/san-antonio-main-3
Type of services: Take a small number of mostly U-Visas, VAWA
Featured Organization
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Consulate General of MexicoConducts foreign policy of Mexico through dialogue, cooperation, promotion of the country and care for Mexicans abroad and coordinate international action by the Government of the Republic of Mexico. Consular officers are trained to offer legal advice and guidance on areas mainly criminal, immigration, labor, civil and administrative . Furthermore, it has agreements with specialized lawyers and legal organizations that contribute to the work of the Department of Protection to provide advice and guidance to Mexicans who require it. 410 Baylor St., Austin, Texas 78703 | 512.478.2866 | Website |
