Frequently Asked Questions

DREAM Act Background Info

Is there any way for an undocumented students to become “legal?”

YES. There are three possible means of becoming a legal resident of the United States:

  1. Passage of the D.R.E.A.M. Act
  2. Marriage to a U.S. Citizen
  3. Passage of a Private Bill in Congress

 

What is the D.R.E.A.M. Act?

The Development, Relief and Education for Alien Minors Act if enacted, would grant conditional permanent resident status to undocumented students. How does one qualify for the D.R.E.A.M. Act?
Students would have to meet several requirements including:

  1. Proof of having arrived in the United States before age 16.
  2. Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.
  3. Compliance with selective service.
  4. Must be between the ages of 12 and 35 at time of bill enactment.
  5. Having graduated from an American high school, or obtained a GED.
  6. Must maintain "Good moral character"

 

What is conditional permanent resident status?

Conditional Permanent Residency is similar to Legal Permanent Residency in that you are be able to work, drive and travel. However, it lasts for only 6 years.
You are eligible for student loans and federal work-study programs, but will not be eligible for federal financial aid such as Pell Grants.

How does one become a permanent resident?

The immigrant would have been required to graduate from a two-year community college or complete at least two years towards a 4-year degree, or serve two years in the U.S. military. After the six year period, an immigrant who met at least one of these three conditions would have been eligible to apply for legal permanent residency.

How many people would this affect?

There are an estimated 65,000 undocumented students who graduate from U.S. high schools each year. Generous estimates place the total affected population at less than 1.5 million.

Can undocumented students get in-state tuition?

YES and NO.
Ten states currently have laws permitting certain undocumented students who have attended
and graduated from their primary and secondary schools to pay the same tuition as their
classmates at public institutions of higher education. The states are California, Illinois, Kansas,
Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, and Washington.

Can undocumented student attend U.S. High Schools?

YES. Plyler v. Doe, 457 U.S. 202(1982), struck down a state statute denying funding for education to children who were undocumented immigrants. Undocumented students are entitled to K-12 education.

Why are these students undocumented?

Some people have asked why the students involved do not apply for a “green card” to legalize
their status. The answer is that most of them would love to apply but that in the overwhelming
majority of cases they cannot. The legal grounds for such petitions have narrowed to the point
where it is almost impossible. The most likely outcome for a student who tries to apply is
deportation of his entire family.

Do undocumented students receive government benefits?

YES. (But not as many as you think.) Undocumented students are only entitled to emergency medical care and K-12 education. The DO NOT receive social security benefits or other welfare benefits since they do not have social security benefits?

Don't undocumented immigrants cause a major strain on the federal budget?

The Social Security Administration has estimated that three quarters of undocumented immigrants pay payroll taxes, and that they contribute $6-7 billion in Social Security funds that they will be unable to claim. Porter, Eduardo. 2005. "Illegal Immigrants Are Bolstering Social Security with Billions." New York Times, April 5.

Immigrant Students at Harvard

Are Undocumented Students Accepted at Harvard?

Yes,undocumented students are accepted into Harvard.

Can undocumented students receive financial aid?

Yes and No
YES: Harvard funds are available for such students through the Harvard Loan Program or in the form of scholarships, such as the Faculty of Arts and Sciences Scholarships or the Harvard National Scholarships. There is no restriction on Harvard’s providing such financial assistance on its own.
NO: A student must be a U.S. citizen or a U.S. permanent resident or other eligible non-citizen to qualify for NON-Harvard federal student aid programs

Can undocumented students work at Harvard?

Legally, No. The fact that undocumented students are not able to establish employment eligibility means that they may not be hired to work in the U.S. Accordingly, Harvard is unable to employ such students. This means that, in addition to being unable to participate in the Federal Work-Study Program, undocumented students cannot be employed by Harvard as Teaching Fellows, Research Assistants, or in other positions, even where Harvard funds would be used.
Caveat, Yes. Any student who has a work permit is eligible for employment.

Can undocumented students study abroad?

NO. Since undocumented students do not have established residency in the United States, they can not return to the United States for school.

Can Harvard provide recommendations for an immigration attorney?

YES. Should an undocumented student wish to consult with an immigration attorney to discuss his or her status, Harvard's International Office can provide recommendations of local immigration attorneys upon request.