Student-Centered Advocates: A Holistic Approach on Supporting K-12 Undocumented Students

Introduction: Historical Context

The United States immigration system is exceedingly complex and nuanced, a mass of bureaucracy. Over time, the United States has had different policies on immigration throughout its history. At the time of writing this chapter, immigration is a hot political topic for across many dimensions, including whether the United States will provide a permanent solution to students who were eligible for Deferred Action for Childhood Arrivals (DACA). Another topic of controversy at the time of writing this chapter was the United States Title 42 border policy. [The Trump administration used public health authority under Title 42 during the COVID-19 emergency to require asylum seekers to remain outside of the United States pending consideration of their application for asylum. This created a humanitarian crisis at the borders There is no simple and permanent pathway to citizenship for undocumented people in the United States or for those who wish to seek refuge from their home countries. These are just some issues that are being discussed and not a comprehensive list. Consider the uncertainty of not knowing when or how a policy that affects you and your family's lives will change in one day. Undocumented people every day have to hold their breath as politicians and courts decide their future. This can create social emotional challenges for families. If you are a K-12 student who is undocumented, you might not know realistic options for your post high school plans or what career path to pursue. Policies that impact undocumented families and students vary from state to state.

Between 1974 to 1980, the Uniform Residency Law provided that long-term California residents would pay in-state tuition at all of California’s public colleges/universities. In 1980, the law was not renewed and undocumented students had to pay out-of-state tuition from 1980-1986 (CA State Legislation Timeline, 2018; UCLA Center for Labor Research and Education, 2008). In 1982, in Plyler v. Doe, the United States Supreme Court overturned a Texas Law that withheld public funding from] K-12 schools for the education undocumented children, and permitted schools to deny enrollment to undocumented children (CA State Legislation Timeline, 2018; UCLA Center for Labor Research and Education, 2008). The Supreme Court ruled that states cannot deny undocumented children a K-12 education on the basis of their immigration status.

In light of the uncertainties facing undocumented students, counselors should strive to create systems helpful to undocumented students. The United States has over 98,000 undocumented students who graduate each year (Zong & Batalova, 2019). Plyler v. Doe (Olivas, 2004; Abrego, 2011) that brought upon the question if the law violated the Equal Protection Clause of the Fourteenth Amendment. The Court determined that undocumented families and their children are people and are afforded the Fourteenth Amendment protections. Texas could not prove that the regulation was needed to serve an important state interest hence the Court struct down the Texas law.

California’s SB 600 (2015) amended the Unruh Civil Rights Act (1959) to outlaw discrimination on the basis of “citizenship,” “immigration status,” and “primary language” (CA State Legislation Timeline, 2018; UCLA Center for Labor Research and Education, 2008). In doing so, the California Legislature sought to provide immigrants, who are key to California’s success and might but who are among its most vulnerable, the same civil rights protections as all Californians (CA State Legislation Timeline, 2018; UCLA Center for Labor Research and Education, 2008). SB 54 (2017) established California as a Sanctuary State, and prohibits state and local law enforcement from using resources to detain, arrest, or interrogate someone for immigration enforcement purposes; it also limits public schools, libraries, health care facilities, and courthouses from assisting in immigration enforcement (CA State Legislation Timeline, 2018; UCLA Center for Labor Research and Education, 2008).

Why is it important for school counselors to provide resources for undocumented students and families? It is an equity issue. Valenzuela et al. (2015) stated that even though there has been progress in college capacity for undocumented students, this population continues to face discrimination and marginalization. As earlier described, each state creates their own policies which can discriminate against undocumented students and mixed status families. Mixed status families are families whose members have different immigration status. For example, parents might be undocumented while their child is a U.S. Citizen.