The United States has come to be synonymous with diversity. We are a nation made up of people from different countries, cultures, languages, beliefs, and backgrounds. Whether we choose to embrace and build off of this diversity, or work to quell it, is largely up to us. (Im)migration is once again in the cross-hairs of this debate, with undocumented immigrants at the center.

Photo/Art Credit: Marcela Erazo

Current Immigration Context

Undocumented immigrants comprise nearly one third of our nation’s 40 million immigrants, with 11.1 million without papers. The top states with undocumented immigrants are California, Texas, Florida, and New York, but these immigrants reside across the country in urban and rural areas (Passel & Cohn, 2012). Although the majority of these immigrants are Latinos, people that fall into this category come from nearly every continent, thereby making this both a U.S. and a global issue.

The recent national discourse on immigration can be categorized into pre– and post–2012 election categories. Prior to the second victory of President Obama, Republican presidential candidate Mitt Romney introduced “self-deportation” as a viable way for “dealing with” undocumented immigrants. At one point during his campaign, Romney refused to shake hands with a youth who proclaimed herself a Dreamer. Fast-forward to after the second election of Obama, and the reality of the power of Latinos (not to mention Asians and allies of immigrants from all backgrounds) has emerged and become linked with immigration reform. Now Republicans have shifted from a self-deportation rhetoric to one of exploring a pathway toward residency or citizenship for some. This move has led to conversations across parties to put forth a large-scale approach toward immigration that has largely been untouched on a federal level since the Immigration Control and Reform Act of the Reagan Administration in 1986. Whether these conversations lead to concrete changes still remains to be seen, but there appears to be a softening of the pre–2012 election stance and an opening for a bipartisan agreement of some kind.

K–16 Education and Undocumented Students

The educational landscape for undocumented students can be divided into two segments. The first, pertaining to K–12 public education, is laid out in the Supreme Court decision in Plyler v. Doe (1982). It states that all students in the U.S.—regardless of status—are granted a free and quality public education. Schools are not permitted to ask families about their immigration status. Recent laws passed in Alabama have tested this mandate, but in general undocumented students are to receive an equivalent education to that of their peers in the K–12 system.

However, the college terrain is more ambiguous and varies more widely from state to state. Currently only 12 states allow undocumented students to pay in-state tuition for public universities: California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, and Washington. Many private colleges also permit undocumented students to matriculate, but decisions on admissions are particular to each institution. The challenge for students across public and private institutions is tuition, because in spite of the in-state tuition rate at public schools, undocumented students still do not qualify for public financial aid programs, except in California, New Mexico, and Texas. This means they must fund their education by paying out of pocket, although some privately funded scholarships are available. This makes continuing education beyond high school a significant challenge for these students who are American in almost every way except the status assigned to them by the government.

Many undocumented youth only learn about their immigration status, or come to terms with the gravity of their situation, in high school when they begin applying to colleges. This process includes completing a Free Application for Federal Student Aid application that asks for a Social Security number—which they lack. This realization often leads to feelings of depression and anxiety as well as shame. Although the statistics are not available, anecdotally we know that many undocumented youth drop out of high school (or never “drop in”) because they feel hopeless about their educational futures and make the decision to start working and earning money for themselves, and often their transnational families, too. In spite of this reality, approximately 65,000 undocumented students graduate from U.S. high schools each year. Of the students who graduate, however, only 5%–10% go on to college (Immigration Policy Center, 2011). In the absence of policies and programs to support undocumented youth, these numbers are likely to remain low.

Current Policies and Pending Reforms

Presently, there is more rhetoric than reality for actual reforms to the U.S. immigration system. However, the rhetoric seems to have picked up momentum and includes players from both sides of the political spectrum.

At this time only one government program for immigrant youth exists. President Obama signed the Deferred Action for Childhood Arrivals (DACA) administrative program in the summer of 2012. It provides eligible youth with a reprieve from deportation and worker authorization for a 2-year renewable period. The program does not lead toward citizenship or residency. DACA is open to youth who were brought to the United States before the age of 16; were under 31 years of age on June 15, 2012; lived in the United States for the past 5 years; are either in school, graduated from high school, or earned a GED; and do not have a felony record or more than 3 misdemeanor offenses. Different states have attached additional benefits to DACAmented youth. For example, in New York DACA allows students to receive a driver’s license, but they still do not qualify for state financial aid. Although there are certainly benefits to DACA, there are Dreamers who have aged out and others who, in spite of attaining worker authorization, still cannot attain employment in their professional fields due to certification barriers that may require U.S. residency.

At this stage, additional immigration reforms at the state and federal levels have not passed. But there are spaces for hope, and to that end it is important to be informed about these acts and to advocate for their passage.

• State Dream Act (Development, Relief and Education for Alien Minors): Although criteria vary by state, this bill generally allows undocumented college students to receive financial aid through state funds. In 2013 Minnesota passed its Dream Act, whereas New York has not been able to pass its bill for 2 consecutive years.
• Federal Dream Act: Originally introduced in 2001, the piecemeal legislation would provide undocumented youth (most likely under the ages of 30–35) with a pathway to citizenship if they complete at least 2 years of college or military service and show they have “good moral character,” meaning they do not have a felony record.
• Comprehensive Immigration Reform: On April 17, 2013, the “Gang of Eight” senators released the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. This holistic bipartisan legislation combines strict security enforcement with pro-immigrant measures that would allow certain undocumented people to receive residency and/or citizenship over time. It requires people to pay fees and regularize their status over a timeline that spans more than a decade. The bill includes the Dream Act, which would fast-track youth brought to the United States before the age of 16. There is no age cap for this portion of the bill. Whether this Act, and the amendments that will be made to it, becomes law remains up in the air. To review the full bill go to www.govtrack.us/congress/bills/113/s744/text.

Teaching About Immigration Through a Documentary

Although immigration reform is being hotly debated, these national conversations do not always make their way into schools. Current immigration issues are frequently put on the back burner to make space for historical topics that rarely go beyond Ellis Island. This is typically not a judgment call made by educators, but is driven by district curricula and the content of statewide high-stakes tests, whereby test content is privileged over untested subjects or topics. In response to the limited inclusion of current immigration issues, and specifically the realities of undocumented youth, I was part of a team that created a documentary to educate all students about the experiences, challenges, and opportunities available to undocumented youth.

The 17-minute short film, Living Undocumented: High School, College and Beyond, is intended for students of all backgrounds. It is also a tool for educators and guidance counselors. The film should be shown before students begin the college application process, so that undocumented students understand their situation and can make an informed decision about attending college. For students who are U.S. citizens or residents, this film will give them a more holistic understanding of our nation’s immigration system so they can contribute to the nation’s debate.

The film features six diverse Dreamers who share their immigration journeys, their identities, the misconceptions with which they have been confronted, and their words of wisdom for other students and educators. There is also a peppering of statistics and information about policies. The film is not intended to be a depressing depiction, but is meant to put a face to the problematic “illegal” label and to humanize the issues surrounding being undocumented in the country. And although the film takes place in New York and touches on issues specific to the state, educators can extend this to their local context and policies.

An Accompanying Lesson Plan and Resource Guide

The film can be shown in any classroom within a period, but it requires an introduction. To that end, the team created an accompanying lesson plan that begins with several images of street signs. The first signs are those students are likely familiar with, because they can be found on the streets across the nation. Next, students are introduced to Image 2, a sign prevalent in many border states that was developed to warn drivers about immigrants crossing highways by foot. This sign has also come to symbolize the immigrant struggle.

After this introduction, students are asked to think about what they know regarding undocumented immigrants. Following a class brainstorming session, each student completes an anticipatory guide in which he or she takes a position on a range of statements about undocumented immigrants (see the Appendix). After viewing the film they return to these statements from the perspective of the evidence presented. This lesson plan provides a way for students to not only watch the documentary, but grapple with its concepts.

In addition to the lesson plan, our team created a comprehensive list of resources for teachers, guidance counselors, and students. The resources range from websites that provide information to access and finance college to advocacy/support organizations to professional development for educators. Because many of these resources are New York based, educators in other states would need to seek out local outlets for support. More information about DACA is also offered, as is a comprehensive list of scholarships undocumented students can apply for.

Students’ Reactions

We have shown this film to students in high schools throughout New York City. Some of the schools strictly cater to immigrant students, and others serve students from a range of backgrounds. After watching the film, we asked students to let us know what they learned, and the comments below are representative of their responses:

• It’s OK to talk about your “status.” Also, it’s hard for undocumented immigrants to be successful, but not impossible.
• Illegal and undocumented has a very different meaning and impact because illegal is not right.
• Immigration has more to do with it than people think.
• Living undocumented could make you feel like you are in an invisible prison.
• You never really know who is an immigrant and who is a citizen just by looking at them.
• Even though you aren’t part of something, you should never look back, just keep moving forward, never give up, ’cause one day you’ll be part of it.

We found these understandings to be critical to better comprehending the immigration debate because the film offers a counter-narrative to the discourse prevalent in many media outlets. These statements also show that even among immigrant students there are many misconceptions about who undocumented immigrants are and what they can and cannot do in the United States.

This film, and the accompanying lesson plan, is one tool to broach this difficult topic in a comprehensive yet sensitive manner. It is only through discussing this subject in a careful and detailed way that we can empower youth to take a stand on immigration. It also helps to ensure they take advantage of the opportunities available to them to become educated citizens—in the most inclusive sense of the term.

Access the Film, Lesson Plan, and Resource Guide

The film and its accompanying documents were created to be shared and used widely. The film, lesson plan, and resource guide are available at www.livingundocumented.com. To request a screening at a school or event with people from the film, send a request to livingundocumented@gmail.com.

References

Immigration Policy Center. (2011). Creating opportunities for immigrant students and supporting the U.S. economy. Washington, DC: Author.

Passel, J., & Cohn, D. (2012). Unauthorized immigrants: 11.1 million in 2011. Washington, DC: Pew Hispanic Center.

Tatyana Kleyn is an associate professor in the Bilingual Education and TESOL programs at the City College of New York. She is author of Immigration: The Ultimate Teen Guide (Scarecrow Press, 2011) and co-author (with Adelman Reyes) of Teaching in Two Languages: A Guide for K–12 Bilingual Educators (Corwin, 2010). She is the coproducer and director ofLiving Undocumented: High School, College, and Beyond, a documentary geared toward secondary students.

Appendix

Anticipatory Guide for Living Undocumented: High School, College, and Beyond

Directions: Read each statement and circle agree or disagree in the Pre-video column and write the reason for your belief. Then, after you watch Living Undocumented, complete the Post-video column by circling whether you agree or disagree and write the reason for your view based on the film.

[1] A version of this article appeared in the New York State Association of Bilingual Education’s Newsletter, The Bilingual Times.