Mediating Illegality: Federal, State, and Institutional Policies in the Educational Experiences of Undocumented College Students

Abstract

Immigration federalism scholarship has established that state and local government policies can make federally defined immigration status more or less consequential. Drawing primarily on focus groups and interviews with 184 undocumented students attending the University of California, we suggest that institutional policies work alongside state and local efforts to mediate the consequences of illegality for undocumented students. We find that the Deferred Action for Childhood Arrivals program, state-funded financial aid policies, and university support programs all facilitate the integration of undocumented students by increasing access to higher education and enabling fuller participation. Although federal policies contribute to persistent barriers to academic engagement and professional development, we show that universities can intervene to improve educational experiences and opportunities. Ultimately, we argue that university policies are a key site for intervening in immigration policy and constructing immigrant illegality.

Toward a Nuanced and Contextualized Understanding of Undocumented College Students: Lessons from a California Survey

“…At the state level, tuition equity and financial aid policies have been shown to improve college enrollment, performance, and retention (Flores & Chapa, 2009;Ngo & Astudillo, 2019). In California, access to financial aid transformed how financial strains manifest with concerns shifting from the need to cover tuition and maintain enrollment to quality-of-life issues, such as food insecurity, inability to purchase educational materials like books, or paying for on-campus housing (Enriquez et al, 2019). Inclusive state and local governmental policies can also contribute to reducing concerns about the possibility of facing deportation (Enriquez & Millán, 2021).…”

“…Previous research has highlighted how exclusionary laws and policies have compromised access, retention, and performance among undocumented students (Conger & Chellman, 2013;Hsin & Reed, 2020;Terriquez, 2015). However, shifting immigration policies have diversified undocumented students' experiences based on their local, state, and institutional context (Cebulko & Silver, 2016;Enriquez et al, 2019;Golash-Boza & Valdez, 2018). State tuition-equity and financial aid policies have improved access by lowering structural and financial barriers (Flores, 2010;Raza et al, 2019), and an increasing number of institutions are implementing services and institutional policies to meet undocumented students' unique needs (Cisneros & Valdivia, 2020).…”

Beyond access: Psychosocial barriers to undocumented students’ use of mental health services

“…At the time of this study, the program continued in a limited scope and its future was entangled in the courts. Still, the possibility of its rescission instilled a sense of uncertainty and fear among undocumented young adults who faced the possibility of losing their tenuous grip on opportunities for upward mobility and social inclusion (Artiga & Ubri, 2017;Enriquez, et al, 2019b).…”

Situational triggers and protective locations: conceptualising the salience of deportability in everyday life

“…Additionally, sub-federal immigration policies structure the presence of immigration enforcement. Federal, state, local, and institutional policies create a multilayered socio-legal context, where each level informs the everyday participation and incorporation of undocumented immigrants (Enriquez et al 2019;García 2019). In some localities, policy levels align to foster incorporation; but diverge in others to produce exclusion (Golash-Boza and Valdez 2018;Silver 2018).…”