Resident Tuition and State Financial Aid for Undocumented Students

1. Resident Tuition and State Financial Aid for Undocumented Students NASSGAP Conference Spring 2006

2. Enabling Legislation • State legislation passed and law became effective for 2003-2004 academic year • URL for Oklahoma Statute: http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=70+os+3242 • Allows students meeting certain criteria to be eligible for resident tuition and state financial aid

3. Qualifications for Undocumented Status • Satisfy college admission standards • Graduate from OK public or private high school or successfully complete GED in OK • Reside in OK with parent or guardian for at least 2 years prior to graduation or GED • Provide signed and notarized “Affidavit of Intent” certifying: • Has filed or intends to file a petition with USCIS to legalize their immigration status • Has met the OK high school graduation/GED requirement • Has resided in OK with parent or guardian for required time

4. Early Findings on Admissions • According to a survey conducted by the Advancement of Hispanic Students in Higher Education Task Force, in 2003-2004 a total of 215 undocumented students were admitted to Oklahoma’s public colleges and universities • Represents 1/10th of 1% of all other students (194,418) enrolled in public colleges and universities • Majority attended community colleges • The Task Force, which was created by the OK Legislature and whose members include policy makers and citizens, plans a follow up survey scheduled for 2006

5. State Financial Aid • Oklahoma Tuition Aid Grant • Oklahoma’s Promise - Oklahoma Higher Learning Access Program (OHLAP) • Academic Scholars Program • Other smaller state financial aid programs administered by OSRHE

6. 2003-2004 22 Applicants 10 Recipients $7,725 Total Expenditure 2004-2005 68 Applicants 37 Recipients $32,184 Total Expenditure 2006-2007 129 Applicants Undocumented Student Participation in OklahomaTuition Aid Grant Program

7. Need-Based Grant Program • Separate application form created for undocumented students beginning 2006-2007 • Hard copy and on-line (download only) in both English and Spanish • Prior to 2006-2007 FAFSA was used and sent directly to state grant program • EFC calculated using ACT on-line calculator • Separate state funds accounting and payments • Separate reporting to and from institutions

8. Outreach Activities • Student/parent meetings throughout the state, usually coordinated with community and faith-based organizations • Oklahoma GEAR-UP funds billboards, bus displays, radio and newspaper spots in both English and Spanish • Publications regarding state financial aid programs include information about availability to eligible undocumented students

9. Related State Legislation Introduced & Failed in 2006 • SB 1871 would have prevented unauthorized practice of law by non-lawyers who hold themselves out as immigration consultants • SB 1769 would have provided that any person identified as an undocumented alien may be arrested by officers of the Dept of Public Safety who would have been required to notify US Immigration and Customs Enforcement and detain the arrestee until custody was assumed by US Immigration

10. Related State Legislation Introduced & Failed in 2006 • HB 2440 would have provided criminal penalties for human trafficking, including trafficking for the workplace • HB 2549 would have given all peace officers authority to enforce immigration laws of the US and to arrest the person without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement that the person was illegally in the US

11. Related State Legislation Introduced & Failed in 2006 • HB 2613 would have required public employees to verify immigration status of person requesting a service. If the person was unable to provide proof of legal residence, the public employee would have been required to report the person to US Immigration within 24 hours • Exempted 911, law enforcement, fire protection, emergency medical, mental health/substance abuse treatment, and services exempted from verification by federal law • Specified that public school districts were required to verify immigration status at time of annual enrollment • Specified that Superintendents are considered “public employees”

12. Related State Legislation Introduced & Failed in 2006 • HB 3119 would have required documented proof of US citizenship or lawful presence in the US to obtain an ID card from a state government agency or school intended for use in proving eligibility for state-provided services • Misdemeanor offense if state or local government employee willfully failed to report violations of immigration law • Undocumented individuals would specifically not have been eligible for state financial aid or resident tuition (would repeal 2003 enabling legislation)

13. Related State Legislation Introduced & Failed in 2006 • For more detailed information regarding legislation visit: http://www.lsb.state.ok.us/

14. For More Information • www.okhighered.org • Outreach • Armando Pena apena@osrhe.edu • Lourdes Torres ltorres@osrhe.edu • State grants and other state financial aid programs • Shiela Joyner sjoyner@otag.org