Frequently Asked Questions
FAQ
Immigration and Education
Commonly asked questions and answers that impact immigrant students and families in New York State, as well as the PK-12 and higher education educators and community members who support and serve them.
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Undocumented students are required to follow the same requirements for degree completion as their U.S.-citizen or authorized immigrant peers. All students, regardless of immigration status, should be asked to complete coursework and practicum expectations aligned with the requirements of their specific degree program. However, undocumented students may have to find alternative ways of completing local and state requirements for fieldwork and student teaching. For example: undocumented students might need to provide school districts with a nine-digit TEACH account identifier instead of a social security number, and they may need to find practicuum opportunities in schools/districts that allow those without a social security number to complete this requirement.
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Yes, in order to become a K-12 teacher in public schools you need to have earned or be in the process of earning an education graduate degree, in addition to obtaining certification from the state. Private and charter schools have some flexibility in these requirements.
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Yes, you can complete your student teaching without a social security number. You will need to obtain a 9-digit identifier from NYSED and complete fingerprinting with IdentoGO.
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In colleges and universities, undocumented students (both with and without DACA) could find and/or form support systems within DREAM Teams (possibly with other students pursuing education majors). The CUNY-IIE UndocuEdu initiative has created resources for current and aspiring educators. The New York State Youth Leadership Council (NYSYLC) has a Dream Team Network that offers support systems for DREAM Teams. There are a few undocumented alumni support groups, such as those highlighted in this article on InsideHigherEd, primarily based in California, that could potentially be replicated by higher education institutions in New York.
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No, a social security number is not required to earn a college degree. However, those without a social security number may need to obtain a nine-digit identifier from NYSED for fingerprinting that will allow for fieldwork and student teaching experiences.
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Those with DACA are eligible to be employed by a school in New York State and obtain initial and professional certifications. Unfortunately, those without DACA lack a social security number, and cannot be employed by a school system. They obtain the initial certification for five years, but not the permanent certification.
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Yes! As of 2022 the New York State Education Department (NYSED) updated the process for requesting a “Teach Access Number”, which enables those without a social security number to open a TEACH account and complete the fingerprinting process via IdentoGO. Having these fingerprints can enable undocumented students without DACA or other legal protections to complete fieldwork and/or student teaching requirements in charter schools, independent (private) schools, and some schools in and out of New York City. CUNY has created an FAQ document specifically for undocumented aspiring educators here.
For possible updates on this information, please go to the CUNY Teacher Education Programs website. -
Unfortunately, undocumented students (both with and without DACA) are ineligible for federal student aid (Pell grant), however, they may be eligible for state-funded financial aid programs, depending on the state-level policies in place where they live. In New York State, qualified undocumented students (both with and without DACA) can receive financial aid via the New York State DREAM Act to obtain an undergraduate degree. See more information and requirements here. Some colleges and universities may also provide need- or merit- based scholarships and grants to help cover the cost of an education.
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Undocumented aspiring educators (both with and without DACA) are eligible for some scholarships. Our CUNY-IIE website (see under Scholarship section) has links to various sources and repositories of different scholarships available to undocumented students. More information about the The Dream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus.
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Unfortunately, no. Federal work-study is a federal student aid program that provides part-time employment while the student is enrolled in school to help pay their education expenses. Because undocumented students (both with and without DACA) are not eligible for federal financial aid, they are not eligible for work-study.
There may be opportunities to receive a fellowship opportunity as a non-employment-based option for graduate assistantships which can be curriculum/class-based. These would depend on your campus and may require some advocacy on the part of the student and their professors. For more information, please take a look at the Presidents' Alliance on Higher Education and Immigration page.
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While DACA recipients may not qualify for federal work-study, they can qualify for fellowships. Those with DACA and other statuses which provide an Employment Authorization Document (EAD) may be eligible for fellowships and graduate assistantships at their campus. At the City University of New York (CUNY), those with DACA and other statuses with EADs can receive graduate assistantships in any of their graduate programs except the Graduate Center's PhD programs.
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No, a TEACH account is needed for certification. A TEACH account can be created with either a social security number or a nine-digit identifier provided by NYSED (for those without a social security number, see here. However, you must be legally authorized to work in the United States in order to obtain professional certification.
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If you are undocumented without DACA you can get initial New York State certification for up to five years. Unfortunately, undocumented individuals without DACA cannot receive professional certification. To get certified you must obtain a 9-digit identifier from NYSED that you can use to take the state exams and apply for initial certification via the TEACH system.
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DACA recipients may get initial and professional certification in New York State following the outlined procedures from NYSED and by using their employment authorization document and social security number.
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If you do not have a social security number you can still take the New York State certification exams. You will need to obtain a 9-digit identifier from NYSED to use for the exams.
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Some colleges offer review sessions for NYS certification exams. Check with your school’s education department. There are many online resources available with study guides for New York State Teacher Certification Examinations (NYSTCE). The City University of New York (CUNY) has this handy tip-sheet for students wishing to take these exams here and here. CUNY students can access more resources on Blackboard by following these instructions. NYSED lists three teacher preparation programs on their website at SUNY schools here.
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If you are enrolled in a New York State teacher preparation program, your school may offer certification workshops free of charge. Consult with your college’s education department. Moreover, if you are currently a teacher, your union may also offer free workshops. For NYC Public Schools teachers, see UFT workshops here.
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Unfortunately, undocumented individuals without Deferred Action for Childhood Arrivals (DACA) cannot legally be employed to teach in schools (public, private or charter) via standard payroll. However, it may be possible to work as an independent contractor. Recently CUNY provided some workshops on this topic, and those presentations are available here. Additional resources are available on the New York State Youth Leadership Council’s website: https://www.nysylc.org/getpaid. Moreover, it may be possible to work as a community educator; see our CUNY-IIE Redefining Teaching video for more information.
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Individuals with an unexpired Employment Authorization Document (EAD), which is granted by DACA can work in any school setting. They should go through the same application process as any other educator applying for a position. These individuals should not be discriminated against in the job application process; according to the U.S. Citizenship and Immigration Services (USCIS), “employers cannot discriminate against individuals when hiring, firing, or recruiting because the individuals are or are not U.S. citizens, or because of their immigration status or type of employment authorization.” Moreover, when applying for any job in the United States, if an individual with DACA gets asked “Will you now or in the future require sponsorship to work in the United States?”, the answer is no, since they have an EAD that is renewable.
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Unfortunately, undocumented individuals without Deferred Action for Childhood Arrivals (DACA) cannot legally be employed to teach in schools (public, private or charter) via standard payroll. However, it may be possible to work as an independent contractor. See answer to FAQ A4 above.
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The UFT opposes the repeal of DACA and will work with the American Federation of Teachers (AFT) to protect DACA-protected employees from wrongful termination should DACA ever be rescinded, according to this resolution. According to their 2016 resolution in support of immigrant students, the UFT's stance is to advocate for a “fair, sensible and humane immigration reform.”
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It’s important to speak to a trusted immigration attorney for a legal screening to see if you qualify for any immigration benefit.
Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services and/or nonprofit organizations that provide free or low-cost immigration legal services.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
A. Undocumented Aspiring Teachers
B. Elementary Teachers
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The U.S. Supreme Court ruled in Plyler v. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other children, undocumented students are obliged under state law to attend school until they reach a mandated age. As a result of the Plyler ruling, public schools may not:
Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
Treat a student differently to determine residency.
Engage in any practices to "chill" or discourage the right of access to school.
Require students or parents to disclose or document their immigration status.
Make inquiries of students or parents that may expose their undocumented status.
Require social security numbers from all students, as this may expose undocumented status. (Adults without social security numbers who are applying for a free lunch and/or breakfast program on behalf of a student need only indicate on the application that they do not have a social security number.)
The New York State Office of the Attorney General (NYSOAG) and the New York State Education Department (NYSED) provides guidance to school districts, that, at the time of registration, schools should not ask questions related to immigration status that may reveal a child’s immigration status, such as requesting a Social Security number.
Source: http://www.nysed.gov/bilingual-ed/information-regarding-recent-immigration-related-actions
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Check out our Supporting Immigrants in School Resource Guide, our video on Supporting Immigrant Students in Elementary Schools, and our Education in Elementary Schools Comprehensive Educator Module.
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CUNY-IIE has published a glossary, linked here, which may be helpful for educators to get better acquainted with the subject of immigration.
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Organizations that offer assistance to undocumented families are usually place-specific. You can assist undocumented families by locating and identifying local organizations that provide trusted and ideally pro-bono legal support, healthcare and/or socio-emotional support in your community. You may consider faith-based organizations, and non-profit organizations that may be immigrant-focused or ethnic-based, etc.
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Our Supporting Immigrants in School Resource Guide lists books (pages 5 - 23) that organized by grade level which are important for students from immigrant families, as the books provide them opportunities to see themselves represented and offer them a space to share their stories with their peers (if they feel comfortable doing so). Here is another list from Social Justice Books and another from the Seattle, WA Public Library.
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If you are aware of any resources that may be beneficial to undocumented/mixed-status families, you should consider sharing the information with everyone, regardless of immigration status. You can create a multilingual community bulletin board, send information on virtual or hard copies of school newsletters and/or at events where families are in attendance. In this way, everyone becomes aware of resources available and anyone can share it with those who they may know who may need the information or assistance.
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A “mixed-status family” is a family whose members include people with different citizenship or immigration statuses. One example of a mixed-status family is one in which the parents are undocumented and the children are U.S.-born citizens. The number of mixed-status families is growing. Between 2010 and 2019, the number of children aged 17 and under with immigrant parents grew by 5%. As of 2019, more than a quarter of young children in the United States were children of immigrants, and nearly 90 percent of these children were U.S. citizens.
https://www.nilc.org/issues/health-care/aca_mixedstatusfams/
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To our knowledge, there is no guidance from federal or state education departments on this issue; however they do stipulate that educators should not inquire about the immigration status of the students and families they serve. This source has helpful tips on how teachers can create a safe and inclusive environment for students navigating immigration status stress. Moreover, this video from this resource demonstrates examples on how to respond to students when they share immigration-related concerns at school.
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Check out our professional development module on Trauma-Informed Practice for Pre-K-12 educators in New York State. You can learn more about how to identify possible signs of trauma in your learning community and find resources to share with students and families that can support their social-emotional development.
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It’s important to refer them to a trusted immigration attorney for a legal screening to see if they qualify for any immigration benefit.
Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services and/or nonprofit organizations that provide free or low-cost immigration legal services.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
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UnitedWeDream has a comprehensive resource guide on mental health resources for undocumented individuals, linked here.
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Check out our professional development module on Trauma-Informed Practice for Pre-K-12 educators in New York State. You can learn more about how to identify possible signs of trauma in your learning community and find resources to share with students and families that can support their social-emotional development.
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There are two programs available in New York State for students categorized as ELLs: Bilingual Education and English as New Language (ENL).
There are two models in NYS under the umbrella of Bilingual Education:
Transitional Bilingual Education Program (TBE): Students learn content in their home language and English until they test out of their ELL label via the NYSESLAT (NYS English as a Second Language Achievement Test).
Dual Language Bilingual Program: The goal of this program is for students to read, write, and speak in English and an additional language. Students remain in this program regardless of classification as they continue to learn bilingually.
Within the English as a New Language (ENL) program, the following are ways classes can be structured:
Self-contained: ELL categorized students learn in a class with the ENL teacher, that is generally focused on English language development.
Integrated Co-Teaching: ELL categorized students are in content classes with a content and ENL teacher to simultaneously learn content and language.
As per Lau v. Nichols court case, all students categorized as ELLs must receive support in learning English and grade level content. In NYS this is through Bilingual or ENL programs, which families can opt into. In New York State, schools are required to hold orientations for families of newly enrolled English Language Learners (ELLs) to inform them of the different programs available in the school and/or district.
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To our knowledge, there is no guidance from federal or state education departments on this issue; however they do stipulate that educators should not inquire about the immigration status of the students and families they serve. This source has helpful tips on how teachers can create a safe and inclusive environment for students navigating immigration status stress. Moreover, this video from this resource demonstrates examples on how to respond to students when they share immigration-related concerns at school.
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It’s okay not to know what to do if an undocumented student discloses that they are undocumented to you, but with the resources available on this FAQ and our website (such as the Supporting Immigrants in Schools Resource Guide), you should aim to further educate yourself, and help the student find the necessary resources and support that they need to succeed.
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To learn how to start a DREAM Team, check out page 57 (Activity 12) on our Immigration in Secondary Schools module.
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We recommend checking out CUNY-IIE’s modules, which provide a wide range of activities that you can implement in your classroom. You can also sign up for our free CTLE courses offered throughout the year.
Additional resources are listed below:
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Two sources that have a wealth of information on immigration policy include the Center for Migration Studies’ Migration Update and the American Immigration Council’s Immigration Impact.
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CUNY-IIE has published a glossary, linked here, which may be helpful for educators to get better acquainted with the subject of immigration.
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Yes. There is no law in New York that prevents students from attending any higher education institution. SUNY and CUNY do not - and will not - consider national origin or immigration status as a factor in admission. At CUNY, there is now an Office of Immigrant Student Success, led by the founding Project Director of CUNY-IIE, Dr. Cynthia Carvajal. This office’s website has a wealth of comprehensive resources that can assist undocumented college students navigate various policies that affect them. More information about what undocumented students in New York State are eligible for can be found on the SUNY.
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Yes. In 2002 — with the passage of Assembly Bill 9612 (A9612) and Senate Bill 7784 (S7784) — New York became the fourth state to permit certain undocumented immigrants to pay in- state tuition (provided some requirements, listed below, are met) in its State University of New York (SUNY) and City University of New York (CUNY) systems
(Source: Nienhusse, H. Kenny and Dougherty, Kevin J., "Implementation of College In-State Tuition for Undocumented Immigrants in New York" (2010). Policy Documents. 12. https://scholarsarchive.library.albany.edu/nylarnet_docs/12.
Undocumented students must meet one of these criteria to receive in-state tuition:
Student was enrolled in CUNY or SUNY for the Fall 2001 semester and qualified for in-state tuition at that time.
Student attended a New York State high school for two or more years, graduated, and applied to attend a CUNY or SUNY institution within five years of receiving a New York State high school diploma.
Student attended an approved New York State program for the Test Assessing Secondary Completion (TASC) or General Educational Development (GED) exam preparation, received the TASC/GED from New York State, and applied to attend a CUNY institution within five years of receiving the New York State TASC/GED. Note that TASC/GED holders who graduated from high school either in the United States or overseas are not eligible for this benefit.
NOTE: If you are an undocumented immigrant and you would like to get in-state tuition, in addition to meeting one of the above criteria, you must file an affidavit (a sworn, written statement signed by you) stating that you will apply to legalize your status as soon as you are eligible. The admissions office of your CUNY or SUNY school can provide you with a sample affidavit.
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Undocumented students are eligible for some scholarships. Our CUNY-IIE website (see under Scholarship section) has links to various sources and repositories of different scholarships available to undocumented students. More information about the The Dream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus.
Undocumented students are unfortunately ineligible for federal student aid (Pell grant), however, they may be eligible for state-funded financial aid programs, depending on the state of residence. In New York State, qualified undocumented students can receive financial aid via the New York State DREAM Act to obtain an undergraduate degree. See more information and requirements here. Some colleges and universities may also provide need- or merit- based scholarships and grants to help cover the cost of an education.
According to the Federal Student Aid, most undocumented students aren't eligible for an SSN; thus, they cannot complete the FAFSA form. However, DACA students with SSNs can complete the FAFSA form.
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Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services nonprofit organizations that provide free or low-cost immigration legal services are included in this directory.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
https://www1.cuny.edu/sites/citizenship-now/
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
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All children aged 18 years or younger, regardless of immigration status, are eligible for Child Health Plus B, provided certain household income requirements are met.
Adults without any immigration benefit/status qualify for emergency Medicaid in New York State, which is only valid for hospital emergencies, depending on household income. Pregnant undocumented adults are fully eligible for Medicaid during the duration of their pregnancy.
Adults with some sort of immigration status (such as DACA or TPS), are “Persons Residing Under the Color of Law” (PRUCOL). This means that if they meet the necessary household income limits, they are eligible for New York State funded Medicaid.
[https://www.health.ny.gov/health_care/medicaid/publications/docs/gis/04ma003att1.pdf and https://www.health.ny.gov/health_care/medicaid/publications/docs/gis/04ma003att1.pdf and https://www.nyc.gov/site/ochia/find-what-fits/immigrants.page]
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UnitedWeDream has a comprehensive resource guide on mental health resources for undocumented individuals, linked here.
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There are two programs available in New York State for students categorized as ELLs: Bilingual Education and English as New Language (ENL).
There are two models in NYS under the umbrella of Bilingual Education:
Transitional Bilingual Education Program (TBE): Students learn content in their home language and English until they test out of their ELL label via the NYSESLAT (NYS English as a Second Language Achievement Test).
Dual Language Bilingual Program: The goal of this program is for students to read, write, and speak in English and an additional language. Students remain in this program regardless of classification as they continue to learn bilingually.
Within the English as a New Language (ENL) program, the following are ways classes can be structured:
Self-contained: ELL categorized students learn in a class with the ENL teacher, that is generally focused on English language development.
Integrated Co-Teaching: ELL categorized students are in content classes with a content and ENL teacher to simultaneously learn content and language.
As per Lau v. Nichols court case, all students categorized as ELLs must receive support in learning English and grade level content. In NYS this is through Bilingual or ENL programs, which families can opt into. In New York State, schools are required to hold orientations for families of newly enrolled English Language Learners (ELLs) to inform them of the different programs available in the school and/or district.
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There is no one model that fits all contexts and is considered superior. However, the following should be components of all ENL programs:
A strong connection to students’ cultures and inclusion of their home languages through translanguaging pedagogy (for more information see the CUNY-IIE Professional Development Module on Translanguaging for Multilingual Immigrant Students and the CUNY-NYSIEB website).
Integration of English learning with content learning, meaning that students learn English not on its own, but in genuine communicative and learning contexts.
Spaces for students to learn about language via metalinguistics, including how English compares to their home language(s).
When possible, schools should start a bilingual program where multilingual learners can continue learning content in their home language as they learn English and become both bilingual and biliterate.
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Check out our professional development module on Trauma-Informed Practice for Pre-K-12 educators in New York State. You can learn more about how to identify possible signs of trauma in your learning community and find resources to share with students and families that can support their social-emotional development.
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In general, school principals, in consultation with relevant faculty, evaluate the transcript or other records of a transfer student enrolling in a New York State school and award the appropriate units of transfer credit. Transfer credit may be awarded if the work completed at other institutions is deemed to be consistent with the New York State commencement level learning standards and is of comparable scope and quality.
The A–Z Manual from the NYC Public Schools provides step-by-step guidelines for how to evaluate international transcripts, one- to two-page descriptions of the educational systems for 76 countries, as well as their grading system and U.S. equivalencies.
More resources are located in this infographic. Policies on out of state transfers from the New York State Department of Education are available
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Individuals need a valid Social Security Number (SSN) or a Individual Taxpayer Identification Number (ITIN) to do business and pay taxes as an independent contractor, freelancer, or business owner. Many undocumented individuals do not qualify for SSNs, but may obtain an ITIN. While an ITIN does not authorize you to work in the U.S, nor does it change your immigration status, it can be used for various additional purposes – including pursuing career opportunities through independent contracting, freelancing, or starting a business. More information about ITINs and how to obtain one are available here, by TheDREAM.US.
After obtaining an ITIN, students would have to be treated as an independent contractor instead of an employee. More information on whether payments are considered stipends or wages is available in this slidedeck developed by the City University of New York (CUNY) Office of Undocumented and Immigrant Student Programs (UISP). Unlike employees, independent contractors do not need to fill out a USCIS Form I-9 when they are contracted. Instead, independent contractors are asked to fill out an IRS Form W-9 which does not require a Social Security Number. Independent contractors can use an ITIN when filling out this form.
After completing IRS Form W9, the school district would have enough information to pay the student a stipend. If the stipend amount is over $600, then the school district may issue a IRS Form 1099-NEC to the student to report on their tax returns. Reporting earned stipend amounts on individual tax returns are a student’s responsibility, regardless if a tax form was issued.
For additional information see the NYSYLC’s Non-Citizen’s Guide to Entrepreneurship. This guide is helpful for those working with various immigration statuses to open a bank account, develop their credit score, pay taxes and complete tax forms, and be an independent contractor.
C. Secondary Teachers
D. High School Students
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Yes! In 1982, the U.S. Supreme Court ruled in Plyler v. Doe that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents.
Public schools cannot:
Deny school admission at time of enrollment due to immigration status
Treat a student differently to determine local district residency
Discourage the right of access to school (also known as “chilling”)
Require or ask of students or parents to disclose or document their immigration status
Require social security numbers (SSN) (the federal application for free/reduced lunch/breakfast may ask for the number from parents, but there is an option to check that one does not have a SSN
The New York State Office of the Attorney General (NYSOAG) and the New York State Education Department (NYSED) provides guidance to school districts, that, at the time of registration, schools should not ask questions related to immigration status that may reveal a child’s immigration status, such as requesting a Social Security number.
Source: http://www.nysed.gov/bilingual-ed/information-regarding-recent-immigration-related-actions
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Yes, undocumented students can attend private colleges. However, one must keep in mind that private colleges are typically more expensive than public schools, and would need to consider costs as an attendance factor. Moreover, some schools have large endowments and may consider your admission on need-blind basis, which means that if you earn admission to a certain college, they may cover your cost of attendance. It is important to understand how the private school will review your application in terms of admissions and financial aid (for example, some students may get classified as international students, who may be part of a different admission pool, while others will be considered US students). See some selected private colleges and their admissions policies linked below.
Columbia- https://undergrad.admissions.columbia.edu/apply/process/undocumented-daca
Cornell- https://finaid.cornell.edu/apply-aid/prospective-undocumented-applicants
Medical Schools- https://www.nyu.edu/admissions/financial-aid-and-scholarships/applying-and-planning-for-undergraduate-aid/how-to-apply/undocumented-students.html
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Your parent doesn’t need a Social Security Number (SSN) to complete their section of your FAFSA form. Starting in December 2023, parents or spouses will be able to create a StudentAid.gov account without having an SSN to access their portion of your FAFSA form. On the 2024–25 FAFSA form, if the parent or spouse is completing their own section and doesn't have an SSN, the SSN will be blank and disabled. If the parent or spouse has an Individual Taxpayer Identification Number (ITIN), they should add it to the FAFSA form. If they don’t have an ITIN, they should leave that question blank.
Source: https://studentaid.gov/apply-for-aid/fafsa/filling-out/undocumented-students
If you fill out the paper FAFSA form and your parents do not have a Social Security number, they would input 000-00-0000 in their social security field.
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To learn how to start a DREAM Team, check out page 57 (Activity 12) on our Immigration in Secondary Schools module. You can also check out the NYSYLC Dream Team Network to get support to create a team in your school.
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Yes! All residents of New York State, regardless of immigration status, are eligible to pay in-state tuition at all City University of New York (CUNY) and State University of New York (SUNY) colleges and universities (source: MOIA).
You may be eligible for the resident tuition rate if you meet the following requirements:
You attended an approved New York State high school for two or more years, graduated from an approved New York State high school and applied for admission within five years of receiving a New York State high school diploma; or
You attended an approved New York State program for a General Equivalency Diploma (GED or TASC) exam preparation, received a GED or TASC diploma and applied for admission within five years of receiving the GED or TASC; and
You submit to the campus a notarized affidavit stating that you will file an application to legalize your immigration status as soon as you are eligible to do so. Note: Your campus will keep your affidavit on file. It is not shared; the university will vigorously defend the privacy rights of students. The affidavit is a simple form to complete and requires notarization. Most campuses provide free notary services.
For SUNY: If you need more information about the notarized affidavit or where to find a notary, contact Julieta Schiffino at Julieta.Schiffino@suny.edu
For CUNY: At CUNY colleges, the Admissions Office can provide you with a sample affidavit.
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Undocumented students are eligible for some scholarships. Our CUNY-IIE website (see under Scholarship section) has links to various sources and repositories of different scholarships available to undocumented students. More information about the The Dream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus.
Undocumented students are unfortunately ineligible for federal student aid (Pell grant), however, they may be eligible for state-funded financial aid programs, depending on the state of residence. In New York State, qualified undocumented students can receive financial aid via the New York State DREAM Act to obtain an undergraduate degree. See more information and requirements here. Some colleges and universities may also provide need- or merit- based scholarships and grants to help cover the cost of an education.
According to the Federal Student Aid, most undocumented students aren't eligible for an SSN; thus, they cannot complete the FAFSA form. However, DACA students with SSNs can complete the FAFSA form.
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Unfortunately, there isn’t a way for students to participate in SYEP without the proper documents. Students cannot even start an application in the online portal without a social security number.
During the past two years, the NYC DOE ran an alternative program known as Career Connect that provided students with stipends of $550 upon successfully finishing the program. At the moment, the program is on hiatus due to funding, but we hope that it will resume in the future.
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UnitedWeDream has a comprehensive resource guide on mental health resources for undocumented individuals, linked here.
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Besides the ones offered elsewhere on this FAQ, The Door is an organization that offers recent NYC immigrants aged 12-24, who are undocumented (with or without DACA) or currently in Immigration Court proceedings with legal support, including representation.
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Yes, all children aged 18 years or younger, regardless of immigration status, are eligible for Child Health Plus B, provided certain household income requirements are met.
Undocumented adults 65 and older are eligible for Medicaid beginning January 1, 2024.
Adults without any immigration benefit/status qualify for emergency Medicaid in New York State, which is only valid for hospital emergencies, depending on household income.
Adults with some sort of immigration status (such as DACA or TPS) may be eligible for New York State funded Medicaid if they meet the necessary household income limits.
Pregnant undocumented adults are fully eligible for Medicaid during the duration of their pregnancy (assuming the necessary household income limits are met).
Documentation Guide on Immigrant Eligibility for Health Coverage in New York State and
NYC Health Insurance Link for Immigrants
See also:
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In New York City, there are three New York Immigrant Family Unity Project (NYIFUP) providers, which specializes in representing people who are detained while they await their deportation hearing.
Detained individuals and/or their family members can contact the Legal Aid Society Immigration Law Unit Helpline at 844-955-3425, Monday- Friday, 9 a.m. – 5 p.m. Collect calls from detention facilities and prisons are accepted. https://legalaidnyc.org/get-help/immigration-deportation/
The Brooklyn Defenders also offers assistance: For help regarding someone who has been arrested or detained by ICE, call their Immigration Practice at (718) 564-6290. If you are looking for advice about your immigration status, contact their Community Office at (646) 971-2722. More information here: https://bds.org/get-help#ice-or-deportation
The Bronx Defenders can be contacted 24/7 by calling their legal emergency hotline at 347-778-1266. One may also visit their office at 360 E 161st Street, Bronx, NY 10451 More information is available here: https://www.bronxdefenders.org/programs/new-york-immigrant-family-unity-project/ and here: https://www.bronxdefenders.org/clients-community/help/.
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636. https://otda.ny.gov/programs/bria/faqs.asp
Everyone has basic rights under the U.S. Constitution and civil rights laws. Learn more here about what your rights are, how to exercise them, and what to do when your rights are violated here:
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Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services and/or nonprofit organizations that provide free or low-cost immigration legal services.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
https://www1.cuny.edu/sites/citizenship-now/
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
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Families who need interpretation services should ask for such services, as they are typically provided upon request. NYC has a mandate to provide interpretation services. Refer to FAQ E5.
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In the New York City Public Schools, The Office of Language Access, previously known as the Translation and Interpretation Unit, supports NYC Public Schools offices and public schools in their efforts to connect with families who prefer to communicate in a language other than English, to ensure equity and access for all. For general inquiries or to share your experience with language services at your school, please call 718-935-2013 or email hello@schools.nyc.gov. More information is available here: https://infohub.nyced.org/in-our-schools/translations/translation-and-interpretation
In New York State, schools and districts are required to provide families with language assistance in order to communicate effectively with the school or district staff. If needed, please ask for translation or interpretation services.
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When students are identified as “English Language Learners” (ELLs) they must be placed into either a Bilingual Education Program or English as a New Language (ENL) Program. Bilingual programs allow students to learn through their home language and English while ENL programs focus on English language development.
The New York State Department of Education Office of Bilingual Education has produced a whiteboard animation video, translated into eight languages, that provides families with information about these program options.
Families can opt in to a bilingual education for their child if there are enough speakers of other languages in their school/school district. If the program you want is not available at your child’s school, you may ask for a transfer to a school in your district that offers that program. If there are sufficient students who speak the same primary or home language to form a class, then the district must work with the community to provide the bilingual program. At minimum, all schools must provide ENL.
Schools and districts are required to provide parents with language assistance in order to communicate effectively with the school or district staff. If needed, please ask for translation or interpretation services.
New York City parents or caregivers can email DML@schools.nyc.gov to discuss their rights or to seek help if these rights have been violated. In New York State, parents or caregivers can call the ELL Parent Hotline.
Source:
https://www.nysed.gov/bilingual-ed/program-options-english-language-learnersmultilingual-learners
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There are courses on English for Speakers of Other Languages (ESOL), the High School Equivalency Diploma (GED), and US Citizen preparation courses, which are offered by various local organizations, such as public school districts, public libraries, public two-year community colleges, and local non-profit and faith-based organizations. These services are typically free for those who live in the community where they are offered. A New York directory is linked here:
https://www.acces.nysed.gov/aepp/find-adult-education-program.
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When enrolling a child in school (PK-12) in New York State, schools CANNOT
Ask for your social security card or number
Ask about immigration status
If you are asked these questions, you should not answer them.
More information is available here: English: https://www.p12.nysed.gov/sss/documents/EnrollmentBrochure_English.pdf
Other Languages:
For questions regarding enrollment of immigrant children and youth, contact the NYS Education Department Office of Bilingual Education & World Languages at (718) 722-2445.
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IDNYC is a free government-issued photo ID card for people 10 and older who live in New York City (within the five boroughs only). It can help you get City services, museum memberships, and more. All NYC residents 10 and older, regardless of immigration status, can apply for an IDNYC card. See a full list of benefits on the IDNYC website.
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Currently, the NYC Summer Youth Employment Program (SYEP) requires valid work authorization and a social security number in order to participate. However, there are a few programs that offer an opportunity for undocumented students (without DACA) to have a summer internship/stipend programs. The list below is incomplete and have been shared with us by community partners (CUNY-IIE does not necessarily endorse any of these programs, we are just spreading the word!) If you know of more opportunities, please contact us at info@cuny-iie.org or complete the submission form at the bottom of this FAQ page:
Pathways Program for Youth (NYC Department of Youth & Community Development - DYCD): requires a school to partner with an organization via a Pathways Program. Students should reach out to the High School Guidance Counselors to find out more (for instance, Roads to Success works with 3 high schools and including International High (Union Square) and others)
Oyate Group: Paid internships for undocumented students
The Beyond Rising Internship aims to provide skill training and career mentorship to a historically marginalized group. It focuses on workforce development, financial empowerment, and access to higher education for undocumented youth.
Mixteca (Young Women Initiative) Stipend (Summer Youth Community Service)
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The Driver's License Access and Privacy Act, commonly called the 'Green Light law', was enacted on June 17, 2019, and took effect on December 16, 2019. It allows all New Yorkers age 16 and older to apply for a standard, not for federal purpose (non-REAL ID), non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States. It does not allow for one to obtain a non-driver identification card.
https://dmv.ny.gov/driver-license/driver-licenses-and-green-light-law
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It is possible to get car insurance for undocumented immigrants in the U.S., and no federal law prohibits insurance companies from selling an auto insurance policy to an undocumented immigrant.
However, each car insurance company will require that you provide a driver’s license in order to purchase a policy. There are currently 16 states in the U.S. that allow undocumented immigrants to get a driver’s license, with New York being one of them since late 2019.
Source: https://www.autoinsurance.org/can-illegal-immigrants-get-auto-insurance/
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A list of agencies in New York State providing WIC (Women, Infant, Children) services is located here: https://www.health.ny.gov/prevention/nutrition/wic/local_agencies.htm
NYC has two handy websites with information for social services that are available for undocumented families. See here: https://www.nyc.gov/site/hra/about/immigration-faqs.page
& https://www.nyc.gov/site/acs/about/resources-for-immigrants.page
Moreover a comprehensive list of services available to non-citizens in New York State, created by the New York State Office of Temporary and Disability Assistance is available here: https://otda.ny.gov/programs/publications/4579.pdf. A similar chart from the non-profit organization, the Empire Justice Center, is available here: https://empirejustice.org/wp-content/uploads/2021/08/NYIC-Public-Benefits-Chart-Nov-2021.pdf.
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Anyone who lives, works, pays property taxes or goes to school in New York state can apply for a library card from the three NYC Library Systems, plus the city/town they reside in if outside NYC). A social security number or proof of current immigration status are not necessary for one to apply for a library card. Typically, one only needs to prove their residence in the city they live in, via an identification card or utility bill.
New York Public Library (NYPL): https://www.nypl.org/library-card
Brooklyn Public Library: https://www.bklynlibrary.org
Queens Public Library: https://www.queenslibrary.org/index.php/get-a-card
Find Your NYS Public Library: https://www.nysl.nysed.gov/libdev/libs/publibs/
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No. In New York City, the Human Resources Administration (HRA) will “not report your personal information to anyone, except if required by law. NYC Executive Order 41 protects the confidentiality of anyone seeking City services. HRA will only ask for your immigration status if it is required to determine eligibility or if it is required by law.” More information: https://www.nyc.gov/site/hra/about/immigration-faqs.page.
Moreover, New Yorkers in need of medical care, food assistance, and other benefits and services should seek the help they need without fear. Many noncitizens do not face a public charge test in their immigration applications. Many benefits are not looked at in the public charge test. See https://www.nyc.gov/site/immigrants/help/legal-services/public-charge.page
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In New York City, as of January 2023, low-income families with undocumented children will qualify for childcare vouchers. More information about the Promise NYC program is available here: https://www.nyc.gov/content/getstuffdone/pages/promise-nyc
The NYC Administration for Children’s Services (ACS) is contracting with four community-based organizations with experience and expertise serving communities and families impacted by immigration to help launch the program.
Brooklyn: Center for Family Life
Bronx & Manhattan: NMIC
Staten Island: La Colmena
Queens: Chinese American Planning Council
In the rest of New York State, undocumented parents with US Citizen children who meet income requirements can apply for the Child Care Assistance Program from the New York State Office of Children and Family Services.
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It is possible for undocumented students (with and without DACA) to receive various types of financial support, and many are eligible for select scholarships. Our CUNY-IIE website (see under Scholarship section) has links to sources and repositories of different scholarships available to undocumented students. More information about the TheDream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus. Information on tips for immigrant families with first-generation college students can be found on this website from Informed Immigrant.
E. Immigrant Families
F. College Faculty & Staff
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See CUNY-IIE’s “Beyond DACA: Checklist to support undocumented students on campuses” Instagram post for some suggestions, adapted from The Presidents’ Alliance for Higher Education and Immigration.
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Colleges and universities can make resources more accessible by placing important, up-to-date, and relevant information on their website, making it easy to access, similar to a repository portal with a wealth of information, such as the one that CUNY recently created, linked here.
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Undocumented students are eligible for some scholarships. Our CUNY-IIE website (see under Scholarship section) has links to various sources and repositories of different scholarships available to undocumented students. More information about the The Dream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus.
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International students (typically living abroad) have to apply for an F-1 visa to legally study in the United States. Some colleges are not need-blind to these students, so many of them need to demonstrate that they have the means to fund their education and living expenses while residing in the United States to pursue their studies. Moreover, these students are not eligible for in-state tuition (in New York), must be enrolled for a full-time course load, and have a limited amount of time once they have completed their studies to stay in the United States.
Undocumented students do not require a legal immigration status to attend college in the United States. Institutional policies on admitting undocumented students vary, some may pool applications in the same group with US students (and be considered need-blind) and others might pool them with international students (not need-blind). Students typically do not need to demonstrate that you are able to financially support yourself. In New York, undocumented students (who meet certain requirements, see FAQ C8) are eligible for in-state tuition. A full time course load is not required and your stay in the United States is not necessarily bound to you pursuing or completing a higher education degree.
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Aside from our “Beyond DACA: Checklist to support undocumented students on campuses” Instagram post, adapted from The Presidents’ Alliance for Higher Education and Immigration, one may wish to check out 5 Things Colleges and Universities can do in the Wake of the Fifth Circuit’s Decision on DACA and refer to this Guide for Undocumented Students created by Informed Immigrant.
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Yes! As of 2022 the New York State Education Department (NYSED) updated the process for requesting a “Teach Access Number”, which enables those without a social security number to open a TEACH account and complete the fingerprinting process via IdentoGO. Having these fingerprints can enable undocumented students without DACA or other legal protections to complete fieldwork and/or student teaching requirements in charter schools, independent (private) schools, and some schools in and out of New York City. CUNY has created an FAQ document specifically for undocumented aspiring educators here.
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“The New York State Education Department (NYSED) Board of Regents adopted regulations in May 2016 to allow DACA recipients with valid work authorization to apply for teaching certifications and 55 other professional licenses granted by the Department.
New York’s Supreme Court ruled in June 2015 in Matter of Vargas that DACA recipients may be admitted to the state bar to practice law.”
Source: https://www.higheredimmigrationportal.org/state/new-york/
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This guide from the Presidents' Alliance on Higher Education and Immigration offers guidelines and suggestions for college and university administrators who wish to establish and implement funding and experiential opportunities for undocumented undergraduate and graduate students. Moreover, recently CUNY provided some workshops on this topic (on paying undocumented students as independent contractors), and those presentations are available here.
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Undocumented students (with and without DACA) cannot work in federal work-study jobs. However, for undocumented college students with DACA, they may be employed on campus in non-federal work study jobs as long as they have a valid USCIS I-766 Employment Authorization Document (EAD) and a Social Security number. Those without DACA or other protections cannot be employed since they lack legal work authorization. More information is available on our FAQ, on questions A10 and A17.
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Yes. For tax purposes, virtually all DACA recipients are considered to be a “US Person”, as they would meet the Internal Revenue Service (IRS) substantial presence test for the calendar year (January 1 – December 31). More information on determining tax residency status is available here.
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New York State offers 36 professional licenses and hundreds of occupational licenses. Undocumented individuals with DACA are those considered to be “Persons Residing Under the Color of Law” (PRUCOL) and are eligible to apply for any of these licenses.
See this list created by the CUNY School of Law. The second page of that list lists out PRUCOL-eligible immigration statuses.
Unfortunately, those without DACA or who are not PRUCOL individuals, are only eligible to apply for an educator or attorney license as summarized here by the Higher Ed Immigration Portal.
There is proposed legislation known as the Empire State Licensing Act, which if enacted would provide New Yorkers access to all relevant licenses regardless of their immigration status.
However, neighboring states, such as New Jersey, do not consider immigration status in granting licenses, as outlined in this infographic. Refer to FAQ # A17 for additional resources on how those who are undocumented (without DACA) can be contracted for employment.
Authored by Brian Avila Klein with Daniela Alulema and Tatyana Kleyn
FAQ Web Page Last Updated: August 9, 2024
Do You Have Questions?
Please submit your question, request clarification or share any resources in the box to the right.
FAQ
Know Your Rights
We are here to protect each other.
Commonly asked questions and answers for educators, schools, and districts, as well as for students, families, and community members, in connection to the restrictionist immigration measures imposed by the Trump administration.
We encourage our community members to learn and exercise their rights.We at CUNY-IIE are dedicated to continuing to support the well-being and education access of our immigrant, refugee, asylum-seeking, and undocumented students.
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Undocumented students are required to follow the same requirements for degree completion as their U.S.-citizen or authorized immigrant peers. All students, regardless of immigration status, should be asked to complete coursework and practicum expectations aligned with the requirements of their specific degree program. However, undocumented students may have to find alternative ways of completing local and state requirements for fieldwork and student teaching. For example: undocumented students might need to provide school districts with a nine-digit TEACH account identifier instead of a social security number, and they may need to find practicuum opportunities in schools/districts that allow those without a social security number to complete this requirement.
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Yes, in order to become a K-12 teacher in public schools you need to have earned or be in the process of earning an education graduate degree, in addition to obtaining certification from the state. Private and charter schools have some flexibility in these requirements.
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Yes, you can complete your student teaching without a social security number. You will need to obtain a 9-digit identifier from NYSED and complete fingerprinting with IdentoGO.
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In colleges and universities, undocumented students (both with and without DACA) could find and/or form support systems within DREAM Teams (possibly with other students pursuing education majors). The CUNY-IIE UndocuEdu initiative has created resources for current and aspiring educators. The New York State Youth Leadership Council (NYSYLC) has a Dream Team Network that offers support systems for DREAM Teams. There are a few undocumented alumni support groups, such as those highlighted in this article on InsideHigherEd, primarily based in California, that could potentially be replicated by higher education institutions in New York.
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No, a social security number is not required to earn a college degree. However, those without a social security number may need to obtain a nine-digit identifier from NYSED for fingerprinting that will allow for fieldwork and student teaching experiences.
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Those with DACA are eligible to be employed by a school in New York State and obtain initial and professional certifications. Unfortunately, those without DACA lack a social security number, and cannot be employed by a school system. They obtain the initial certification for five years, but not the permanent certification.
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Yes! As of 2022 the New York State Education Department (NYSED) updated the process for requesting a “Teach Access Number”, which enables those without a social security number to open a TEACH account and complete the fingerprinting process via IdentoGO. Having these fingerprints can enable undocumented students without DACA or other legal protections to complete fieldwork and/or student teaching requirements in charter schools, independent (private) schools, and some schools in and out of New York City. CUNY has created an FAQ document specifically for undocumented aspiring educators here.
For possible updates on this information, please go to the CUNY Teacher Education Programs website. -
Unfortunately, undocumented students (both with and without DACA) are ineligible for federal student aid (Pell grant), however, they may be eligible for state-funded financial aid programs, depending on the state-level policies in place where they live. In New York State, qualified undocumented students (both with and without DACA) can receive financial aid via the New York State DREAM Act to obtain an undergraduate degree. See more information and requirements here. Some colleges and universities may also provide need- or merit- based scholarships and grants to help cover the cost of an education.
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Undocumented aspiring educators (both with and without DACA) are eligible for some scholarships. Our CUNY-IIE website (see under Scholarship section) has links to various sources and repositories of different scholarships available to undocumented students. More information about the The Dream.US scholarship, available for most CUNY schools is also found at https://cuny.edu/thedreamus.
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Unfortunately, no. Federal work-study is a federal student aid program that provides part-time employment while the student is enrolled in school to help pay their education expenses. Because undocumented students (both with and without DACA) are not eligible for federal financial aid, they are not eligible for work-study.
There may be opportunities to receive a fellowship opportunity as a non-employment-based option for graduate assistantships which can be curriculum/class-based. These would depend on your campus and may require some advocacy on the part of the student and their professors. For more information, please take a look at the Presidents' Alliance on Higher Education and Immigration page.
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While DACA recipients may not qualify for federal work-study, they can qualify for fellowships. Those with DACA and other statuses which provide an Employment Authorization Document (EAD) may be eligible for fellowships and graduate assistantships at their campus. At the City University of New York (CUNY), those with DACA and other statuses with EADs can receive graduate assistantships in any of their graduate programs except the Graduate Center's PhD programs.
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No, a TEACH account is needed for certification. A TEACH account can be created with either a social security number or a nine-digit identifier provided by NYSED (for those without a social security number, see here. However, you must be legally authorized to work in the United States in order to obtain professional certification.
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If you are undocumented without DACA you can get initial New York State certification for up to five years. Unfortunately, undocumented individuals without DACA cannot receive professional certification. To get certified you must obtain a 9-digit identifier from NYSED that you can use to take the state exams and apply for initial certification via the TEACH system.
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DACA recipients may get initial and professional certification in New York State following the outlined procedures from NYSED and by using their employment authorization document and social security number.
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If you do not have a social security number you can still take the New York State certification exams. You will need to obtain a 9-digit identifier from NYSED to use for the exams.
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Some colleges offer review sessions for NYS certification exams. Check with your school’s education department. There are many online resources available with study guides for New York State Teacher Certification Examinations (NYSTCE). The City University of New York (CUNY) has this handy tip-sheet for students wishing to take these exams here and here. CUNY students can access more resources on Blackboard by following these instructions. NYSED lists three teacher preparation programs on their website at SUNY schools here.
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If you are enrolled in a New York State teacher preparation program, your school may offer certification workshops free of charge. Consult with your college’s education department. Moreover, if you are currently a teacher, your union may also offer free workshops. For NYC Public Schools teachers, see UFT workshops here.
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Unfortunately, undocumented individuals without Deferred Action for Childhood Arrivals (DACA) cannot legally be employed to teach in schools (public, private or charter) via standard payroll. However, it may be possible to work as an independent contractor. Recently CUNY provided some workshops on this topic, and those presentations are available here. Additional resources are available on the New York State Youth Leadership Council’s website: https://www.nysylc.org/getpaid. Moreover, it may be possible to work as a community educator; see our CUNY-IIE Redefining Teaching video for more information.
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Individuals with an unexpired Employment Authorization Document (EAD), which is granted by DACA can work in any school setting. They should go through the same application process as any other educator applying for a position. These individuals should not be discriminated against in the job application process; according to the U.S. Citizenship and Immigration Services (USCIS), “employers cannot discriminate against individuals when hiring, firing, or recruiting because the individuals are or are not U.S. citizens, or because of their immigration status or type of employment authorization.” Moreover, when applying for any job in the United States, if an individual with DACA gets asked “Will you now or in the future require sponsorship to work in the United States?”, the answer is no, since they have an EAD that is renewable.
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Unfortunately, undocumented individuals without Deferred Action for Childhood Arrivals (DACA) cannot legally be employed to teach in schools (public, private or charter) via standard payroll. However, it may be possible to work as an independent contractor. See answer to FAQ A4 above.
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The UFT opposes the repeal of DACA and will work with the American Federation of Teachers (AFT) to protect DACA-protected employees from wrongful termination should DACA ever be rescinded, according to this resolution. According to their 2016 resolution in support of immigrant students, the UFT's stance is to advocate for a “fair, sensible and humane immigration reform.”
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It’s important to speak to a trusted immigration attorney for a legal screening to see if you qualify for any immigration benefit.
Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services and/or nonprofit organizations that provide free or low-cost immigration legal services.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
A. For Educators, Schools and Districts
B. For students and their families and community members
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The U.S. Supreme Court ruled in Plyler v. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other children, undocumented students are obliged under state law to attend school until they reach a mandated age. As a result of the Plyler ruling, public schools may not:
Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
Treat a student differently to determine residency.
Engage in any practices to "chill" or discourage the right of access to school.
Require students or parents to disclose or document their immigration status.
Make inquiries of students or parents that may expose their undocumented status.
Require social security numbers from all students, as this may expose undocumented status. (Adults without social security numbers who are applying for a free lunch and/or breakfast program on behalf of a student need only indicate on the application that they do not have a social security number.)
The New York State Office of the Attorney General (NYSOAG) and the New York State Education Department (NYSED) provides guidance to school districts, that, at the time of registration, schools should not ask questions related to immigration status that may reveal a child’s immigration status, such as requesting a Social Security number.
Source: http://www.nysed.gov/bilingual-ed/information-regarding-recent-immigration-related-actions
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Check out our Supporting Immigrants in School Resource Guide, our video on Supporting Immigrant Students in Elementary Schools, and our Education in Elementary Schools Comprehensive Educator Module.
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CUNY-IIE has published a glossary, linked here, which may be helpful for educators to get better acquainted with the subject of immigration.
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Organizations that offer assistance to undocumented families are usually place-specific. You can assist undocumented families by locating and identifying local organizations that provide trusted and ideally pro-bono legal support, healthcare and/or socio-emotional support in your community. You may consider faith-based organizations, and non-profit organizations that may be immigrant-focused or ethnic-based, etc.
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Our Supporting Immigrants in School Resource Guide lists books (pages 5 - 23) that organized by grade level which are important for students from immigrant families, as the books provide them opportunities to see themselves represented and offer them a space to share their stories with their peers (if they feel comfortable doing so). Here is another list from Social Justice Books and another from the Seattle, WA Public Library.
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If you are aware of any resources that may be beneficial to undocumented/mixed-status families, you should consider sharing the information with everyone, regardless of immigration status. You can create a multilingual community bulletin board, send information on virtual or hard copies of school newsletters and/or at events where families are in attendance. In this way, everyone becomes aware of resources available and anyone can share it with those who they may know who may need the information or assistance.
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A “mixed-status family” is a family whose members include people with different citizenship or immigration statuses. One example of a mixed-status family is one in which the parents are undocumented and the children are U.S.-born citizens. The number of mixed-status families is growing. Between 2010 and 2019, the number of children aged 17 and under with immigrant parents grew by 5%. As of 2019, more than a quarter of young children in the United States were children of immigrants, and nearly 90 percent of these children were U.S. citizens.
https://www.nilc.org/issues/health-care/aca_mixedstatusfams/
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To our knowledge, there is no guidance from federal or state education departments on this issue; however they do stipulate that educators should not inquire about the immigration status of the students and families they serve. This source has helpful tips on how teachers can create a safe and inclusive environment for students navigating immigration status stress. Moreover, this video from this resource demonstrates examples on how to respond to students when they share immigration-related concerns at school.
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Check out our professional development module on Trauma-Informed Practice for Pre-K-12 educators in New York State. You can learn more about how to identify possible signs of trauma in your learning community and find resources to share with students and families that can support their social-emotional development.
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It’s important to refer them to a trusted immigration attorney for a legal screening to see if they qualify for any immigration benefit.
Consult Immigration Advocates Network’s directory of national immigration legal services to find immigration legal services and/or nonprofit organizations that provide free or low-cost immigration legal services.
In New York City, CUNY Citizenship Now! offers free, high-quality, and confidential immigration law services.
Call: 646-664-9400, or 212-652-2071 (No texts)
Text: 929-334-3784, (No calls)
Email: at citizenshipnowinfo@cuny.edu
Moreover, you or anyone seeking direct assistance may obtain a referral to a reputable immigration counselor and/or an attorney who specializes in immigration law by calling the New York State New Americans Hotline: 212-419-3737 or 1-800-566-7636.
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UnitedWeDream has a comprehensive resource guide on mental health resources for undocumented individuals, linked here.
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Check out our professional development module on Trauma-Informed Practice for Pre-K-12 educators in New York State. You can learn more about how to identify possible signs of trauma in your learning community and find resources to share with students and families that can support their social-emotional development.
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There are two programs available in New York State for students categorized as ELLs: Bilingual Education and English as New Language (ENL).
There are two models in NYS under the umbrella of Bilingual Education:
Transitional Bilingual Education Program (TBE): Students learn content in their home language and English until they test out of their ELL label via the NYSESLAT (NYS English as a Second Language Achievement Test).
Dual Language Bilingual Program: The goal of this program is for students to read, write, and speak in English and an additional language. Students remain in this program regardless of classification as they continue to learn bilingually.
Within the English as a New Language (ENL) program, the following are ways classes can be structured:
Self-contained: ELL categorized students learn in a class with the ENL teacher, that is generally focused on English language development.
Integrated Co-Teaching: ELL categorized students are in content classes with a content and ENL teacher to simultaneously learn content and language.
As per Lau v. Nichols court case, all students categorized as ELLs must receive support in learning English and grade level content. In NYS this is through Bilingual or ENL programs, which families can opt into. In New York State, schools are required to hold orientations for families of newly enrolled English Language Learners (ELLs) to inform them of the different programs available in the school and/or district.