tag:theconversation.com,2011:/us/topics/immigration-policy-reforms-33586/articlesimmigration policy reforms – The Conversation2020-07-02T17:53:20Ztag:theconversation.com,2011:article/1409282020-07-02T17:53:20Z2020-07-02T17:53:20ZHow to build a better Canada after COVID-19: Rethinking immigration can boost the economy<figure><img src="https://images.theconversation.com/files/344361/original/file-20200627-104516-1c5u1x2.jpg?ixlib=rb-1.1.0&rect=0%2C104%2C5000%2C3308&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A new Canadian attends a citizenship ceremony held on Canada Day in 2019. </span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Darryl Dyck</span></span></figcaption></figure><p><em>This story is <a href="https://theconversation.com/how-to-build-a-better-canada-after-covid-19-rethinking-immigration-can-boost-the-economy-140928">part of a series that proposes solutions</a> to the many issues exposed during the coronavirus pandemic and what government and citizens can do to make Canada a better place.</em></p>
<p>The coronavirus pandemic hasn’t stopped the flow of goods coming into Canada. That’s because countries around the world worked together to keep trade markets open for business. But Canada faces a potential crisis if its borders remain closed to people for a prolonged period of time. </p>
<p>Canadian governments, regardless of the party in power, have traditionally increased immigration numbers as a strategy to offset <a href="https://www150.statcan.gc.ca/n1/pub/11-630-x/11-630-x2014002-eng.htm">the country’s declining domestic birthrate</a>. A continual flow of immigrants is <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/infographics/immigration-economic-growth.html">essential for economic stability and growth</a>.</p>
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<span class="attribution"><a class="source" href="https://theconversation.com/ca/topics/canada-after-covid-19-89000">Click here for more articles from this ongoing series</a></span>
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<p>How then can you maintain economic growth if no new immigrants are allowed into the country?</p>
<p>Every crisis can lead to new opportunities. And we’ve already seen challenges that emerged during the pandemic lead to <a href="https://covid-benefits.alpha.canada.ca/en/start">innovative government programs</a>. The same should happen with Canada’s immigration policy.</p>
<p>While the pandemic has temporarily closed the territorial borders to all foreigners for non-essential travel, there’s an opportunity to keep our “virtual” borders open to the best and brightest workers who want to come to Canada.</p>
<h2>One million new immigrants by 2021</h2>
<p>The <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/supplementary-immigration-levels-2019.html">current immigration plan</a> calls for more than one million new permanent residents between 2019 and 2021. Of these newcomers, the majority will be economic migrants, coming through various provincial and federal programs such as the <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html">Federal Skilled Worker Class</a> and the <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html">Provincial Nominee Program</a>.</p>
<p>Illustrating the vital role of immigration for Canada, with emphasis on economic gain and global competitiveness, Canada’s then minister of immigration, Ahmed Hussen, <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/2018/10/businesses-and-communities-across-canada-to-benefit-from-increased-immigration.html">stated in 2018</a>: “The new multi-year immigration levels plan supports Canadian employers and businesses by ensuring they have the skilled labour they need to spur innovation and help to keep our country at the forefront of the global economy.”</p>
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<img alt="" src="https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=776&fit=crop&dpr=1 600w, https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=776&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=776&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=976&fit=crop&dpr=1 754w, https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=976&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/344178/original/file-20200625-33515-r2z6tl.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=976&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">This graphic from the government of Canada explains how immigration policy is linked to economic growth.</span>
<span class="attribution"><span class="source">(Immigration, Refugees and Citizenship Canada)</span></span>
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<p>Some of the dilemmas that Canada will face in the post-pandemic recovery period will involve how to continue attracting the best and brightest, what sectors of the economy should be prioritized and how to deal with essential work like agriculture.</p>
<h2>Unprecedented challenges</h2>
<p>I have studied highly skilled and lower-skilled migration in Europe and internationally for over 20 years, with a special interest in how migration policy interacts with other sectors such as <a href="https://www.opensocietyfoundations.org/publications/italian-agriculture-pull-factor-irregular-migration-and-if-so-why">agriculture</a>, the <a href="https://publications.iom.int/books/sectorial-approach-labour-migration-agriculture-and-domestic-work">care industry</a> and the <a href="https://www.palgrave.com/gp/book/9781137467102">competition for talent</a>. But the COVID-19 pandemic poses unprecedented challenges for Canada’s immigration policy because of the <a href="https://pastres.org/2020/03/27/living-with-coronavirus-uncertainties-four-lessons-from-pastoralists/">level of uncertainty</a> that the whole world is facing.</p>
<p>What’s happened to the government’s plans to attract “<a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/06/immigration-key-to-unlocking-canadas-future-economic-success.html">the best and brightest from around the world</a>” — people who will be fundamental to the country’s economic future?</p>
<p>For more than three months, Canada has temporarily stopped processing work permit or permanent residency applications. This presents <a href="https://thoughtleadership.rbc.com/covid-19-derails-canadian-immigration/">many challenges for businesses</a> and for workers and their families.</p>
<p>While working remotely is a possibility for most highly skilled workers in Canada who are in non-essential sectors, that’s not an option for those who have a job offer but are still abroad. They cannot receive a work permit, a Social Insurance Number unless they enter the country. They also can’t be paid without a SIN number. There are important consequences for organizations that seek workarounds and do not respect labour laws.</p>
<h2>Digital work permits</h2>
<p>Technology can offer a solution to this impasse. A security-proof digital work permit and a social identification number could be assigned remotely to allow these “virtual immigrants” to start working remotely with their Canadian employers while they wait for the entry ban to be lifted.</p>
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<img alt="" src="https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=376&fit=crop&dpr=1 600w, https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=376&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=376&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=473&fit=crop&dpr=1 754w, https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=473&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/345341/original/file-20200702-111374-m3csgt.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=473&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Citizenship Judge Rania Sfeir, centre, speaks to new Canadian citizens on Canada Day 2020 during a virtual citizenship ceremony held over livestream due to the COVID-19 pandemic.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Justin Tang</span></span>
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<p>The permit could be for three or six months and would automatically be replaced by the regular work permit and SIN if the ban is lifted and the worker moves to Canada. The worker and employer would commit to honouring their contract by coming to Canada within 90 days of lifting the entry restrictions.</p>
<p>This would give everyone — government, employers, workers and their families — both the necessary guarantees and flexibility to deal with this unexpected disruption.</p>
<p>But are those workers truly needed now — especially given <a href="https://globalnews.ca/news/7029601/canada-may-unemployment-rate/">the country’s record unemployment rate</a> since the outbreak of the pandemic?</p>
<p>Canadian immigration policy involves long-term planning related to the country’s demographic composition, growth (or rather decline, without immigration), key industries and efforts to attract new immigrants to the smaller regional centres across this vast country. </p>
<p>In February, just before the pandemic was declared, Minister of Immigration, Refugees and Citizenship Marco Mendicino <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/03/minister-mendicino-addresses-the-canadian-club.html">told the Canadian Club in Toronto</a> that Canada welcomed 341,000 new immigrants last year. He then added: “In 2020, the future of Canada hinges on immigration.” But the current situations means it seems unlikely Canada will be able to meet <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/supplementary-immigration-levels-2020.html">its immigration targets</a> this year or next.</p>
<h2>Not a job competition</h2>
<p><a href="https://www150.statcan.gc.ca/n1/daily-quotidien/200508/dq200508a-eng.htm">Unemployment and underemployment data</a> from April show temporary workers, those with less than one year at their last job or people not covered by a union or collective agreement, were hit the hardest by COVID-19. While it is imperative to provide for these workers and their families, these newly unemployed workers are not in competition for the same jobs as those to be filled by the highly skilled newcomers attracted by the <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry.html">Express Entry</a> or <a href="https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent.html">Global Talent</a> immigration streams.</p>
<p>As we go through and hopefully leave behind the pandemic, Canada needs to build a stronger health sector including industries that produce gowns, masks and gloves or health-care equipment like ventilators. The medical and pharmaceutical research sector should also remain a top priority. Transnational co-operation is key to Canadian entrepreneurship. Such sectors can only gain from highly skilled migrants who bring to the country innovative ideas, much needed skills and connections to other countries and continents. </p>
<h2>New ideas needed</h2>
<p>While rethinking policies about bringing highly skilled immigrants to Canada, new ideas are also needed for lower-skilled workers who are essential to the economy.</p>
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<img alt="" src="https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=439&fit=crop&dpr=1 600w, https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=439&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=439&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=552&fit=crop&dpr=1 754w, https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=552&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/344363/original/file-20200627-104510-16l7v0a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=552&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Demonstrators outside Prime Minister Justin Trudeau’s constituency office in Montréal on June 6 called on the government to give residency status to migrant workers as the COVID-19 pandemic continues in Canada and around the world.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Graham Hughes</span></span>
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<p><a href="https://www.theglobeandmail.com/canada/article-ottawa-vows-crackdown-on-employers-violating-health-protection-rules/">The deaths of Mexican farm workers in southern Ontario</a> have raised an important debate about the responsibility of employers, but also the need for monitoring the health and the working conditions of those we bring to Canada to do jobs that are essential. There has been a growing awareness that the <a href="https://www.theglobeandmail.com/canada/article-third-migrant-farm-worker-dies-as-canada-reaches-deal-with-mexico/">temporary foreign worker program in agriculture</a> needs both a short- and long-term overhaul.</p>
<p>We need to consider how agricultural policy and migration policy can work hand in hand to promote better working and living conditions for migrant farm workers. One idea could be the <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/agri-food-immigration-pilot/about.html">expansion of a pilot project</a> launched in May that will allow a small number of migrant agriculture workers to apply for permanent residency. </p>
<p>The many challenges that both highly skilled and low skilled migrants face during the pandemic can be turned into an opportunity that would help Canada’s post-COVID-19 economic recovery.</p><img src="https://counter.theconversation.com/content/140928/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anna Triandafyllidou does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Canada’s goal of increasing immigration to drive economic growth could be hampered if borders remain closed due to COVID-19. How then can the country attract the best and brightest workers to Canada?Anna Triandafyllidou, Canada Research Excellence Chair in Migration and Integration, Toronto Metropolitan UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/930312018-03-27T10:44:45Z2018-03-27T10:44:45ZWhat the staff does matters more than what’s in an organization’s mission statement<figure><img src="https://images.theconversation.com/files/211058/original/file-20180319-31605-1vg3qc5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The late Sen. Ted Kennedy, reading from "A Nation of Immigrants," a book by his brother, President John F. Kennedy</span> <span class="attribution"><a class="source" href="http://www.apimages.com/metadata/Index/Associated-Press-Domestic-News-Dist-of-Columbia-United-States-IMMIGRATION/aaaa17aa0fe8da11af9f0014c2589dfb/10/0">AP Photo/Dennis Cook</a></span></figcaption></figure><p><a href="http://www.businessdictionary.com/definition/mission-statement.html">Mission statements</a>, not normally in the news, are getting more attention than usual. </p>
<p>The <a href="https://www.vox.com/2018/2/22/17041862/uscis-removes-nation-of-immigrants-from-mission-statement">U.S. Citizenship and Immigration Services</a>, the Department of <a href="https://www.huffingtonpost.com/entry/hud-mission-statement_us_5a9f5db0e4b002df2c5ec617">Housing and Urban Development</a>, the <a href="https://diplomacy.state.gov/discoverdiplomacy/diplomacy101/issues/170606.htm">State</a> <a href="https://web.archive.org/web/20161227021650/http:/www.state.gov/s/d/rm/index.htm">Department</a> and other federal agencies are changing the way they express their core purpose and focus. In many cases, the Trump administration is <a href="https://www.npr.org/2018/02/23/588374709/u-s-citizenship-and-immigration-services-omit-nation-of-immigrants-from-mission-">alarming observers</a> by deleting key phrases that signal diversity and inclusion.</p>
<p>My <a href="http://rdcu.be/J3tC">research on nonprofit mission statements</a>, published in the Nonprofit Management & Leadership academic journal, however, suggests that there might be less to worry about than it appears. I have found that how people in a given organization personally understand its mission matters more than any formal statements summing it up.</p>
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<figcaption><span class="caption">Author Dan Heath, a Duke University professor, suggests a few ways to write strong mission statements.</span></figcaption>
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<h2>Tales of tinkering</h2>
<p>In the summer of 2017, the <a href="https://www.washingtonpost.com/blogs/post-partisan/wp/2018/03/16/trumps-edits-to-democracy-annotated/">State Department</a> replaced its mission statement with a new one. The old phrasing referenced democracy but the new one didn’t.</p>
<p>In February, the <a href="https://theintercept.com/2018/02/22/u-s-citizenship-and-immigration-services-will-remove-nation-of-immigrants-from-mission-statement/">immigration agency altered</a> its long-running mission statement to omit references to the U.S. being “a nation of immigrants.” </p>
<p>Around the same time, some Veterans Administration <a href="https://www.washingtonpost.com/news/checkpoint/wp/2018/02/14/va-employees-wanted-a-gender-neutral-mission-statement-the-agency-refused/?utm_term=.2ba02b147405">employees temporarily altered</a> its motto without permission, replacing the line “to care for him who shall have borne the battle and for his widow, and his orphan” with “to care for those ‘who shall have borne the battle’ and for their families, caregivers, and survivors.” Their superiors overrode the change, which symbolically supported female veterans through gender-neutral language. </p>
<p>Then <a href="https://www.huffingtonpost.com/entry/hud-mission-statement_us_5a9f5db0e4b002df2c5ec617">HUD Secretary Ben Carson said he wanted to change</a> the agency’s <a href="https://www.hud.gov/about/mission">mission statement</a>, removing its call to “build inclusive and sustainable communities free from discrimination.” </p>
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<a href="https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=378&fit=crop&dpr=1 600w, https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=378&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=378&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=476&fit=crop&dpr=1 754w, https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=476&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/211060/original/file-20180319-31614-zhs8pr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=476&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Housing and Urban Development Secretary Ben Carson addressing HUD employees in March 2017.</span>
<span class="attribution"><a class="source" href="http://www.apimages.com/metadata/Index/Carson-HUD/4828f893c953428a854321bedf11da48/5/0">AP Photo/Susan Walsh</a></span>
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<h2>What does the staff say?</h2>
<p>Disagreements among managers, board members and staff regarding a group’s mission, values and other key ideas are <a href="https://www.tandfonline.com/doi/abs/10.1080/09614520050116578">relatively common</a> and <a href="http://journals.sagepub.com/doi/abs/10.1177/0899764010370869">even natural</a> at all kinds of agencies and groups. Yet a <a href="http://journals.sagepub.com/doi/abs/10.1177/0899764014523335">study of nonprofits</a> by scholars at three different universities found that nonprofits rarely change their formal mission statements. These researchers also found that the shifts that do occur tend to be driven most often by collaboration with their peers.</p>
<p>As I began my research, I expected changes in formal mission statements to be the most important signals of what an organization seeks to accomplish. But after interviewing the leaders and lower-ranking employees at a variety of nonprofits engaged in activities such as adult literacy, clean water and sanitation, I discovered that their own views mattered more. </p>
<p>Many of the same people cannot recall the exact language of their organization’s official mission statement, yet they have a clear and personal understanding of their nonprofit’s mission. These takes can be different within a single organization, as you might expect. People, after all, join nonprofits with different values and motivations. Their work requires them to focus on different activities, which absorb their attention and set distinct priorities. </p>
<p>As I compared the statements by real people to the words found in official documents like annual reports and on websites, including formal mission statements, I made another observation. Mission statements broadly establish an organization’s purpose, but they do not serve as the best guide for action. Instead, what truly guides an organization is the consensus among the people in it.</p>
<p>I also noticed two important trends. First, this somewhat informal consensus changes more often than formal mission statements. Second, the consensus may not match the personal views of senior leaders. Often, what the staff perceives is actually closer to the true mission within the organization than the formal written statement or the views of board members.</p>
<p>As for the Trump administration, it may find that changing the formal mission statements that guide agencies like HUD and U.S. Citizenship and Immigration Services will not achieve its desired political goals.</p>
<p>If civil servants continue to personally believe that they reside in “a nation of immigrants,” taking that expression out of their agency’s mission statement won’t have much of an impact. And HUD’s staff, likewise, may continue to make rooting out housing discrimination a high priority even if that’s no longer baked into that agency’s mission statement.</p><img src="https://counter.theconversation.com/content/93031/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Berlan does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Changes to the official mandates guiding nonprofits and government agencies might be less significant than they appear.David Berlan, Assistant Professor of Public Administration, Askew School of Public Administration and Policy, Florida State UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/704672017-01-26T00:44:51Z2017-01-26T00:44:51ZTrump’s policies will affect four groups of undocumented immigrants<p>On Jan. 25, Donald Trump signed a sweeping <a href="https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united">executive order</a> on immigration, expansively defining the “criminal aliens” he intends to target. He has eliminated old immigration enforcement priorities. Now, discretion will be exercised by immigration agents with little guidance from the executive branch beyond sweeping anti-immigrant pressures.</p>
<p>However, terms like “criminal aliens” and “illegal immigrants” gloss over the various immigration statuses and histories of millions of individuals. We’d like to offer a more nuanced description of the individuals who may be targeted by President Trump’s immigration enforcement plans.</p>
<p>Our discussion is informed by our research. Since 2014, we have <a href="http://www.russellsage.org/research/reports/navigating-liminal-legalities-along-pathways-to-citizenship-immigrant-vulnerability-and-role-mediati">followed the lives</a> of some 50 Southern California immigrants, many of whom either lack or never had legal status in the United States. Each of these individuals has a different story of how and when they came to the United States. Some are related to U.S. citizens and some are not. They have had unique experiences studying, working and living in this country. </p>
<p>And now, these differences could play a major role in how individual immigrants are impacted by the new administration’s enforcement of immigration laws. </p>
<h2>Immigrants with criminal convictions</h2>
<p>Administrations <a href="https://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf">prioritize</a> the removal of some immigrants over others because immigration enforcement resources are limited. Since the mid-1990s, previous administrations have focused on removing immigrants with <a href="https://theconversation.com/trumps-immigration-policies-will-pick-up-where-obamas-left-off-70187">criminal convictions</a>, regardless of whether they have legal residency. </p>
<p>Trump’s order prioritizes anyone who has been charged with a crime, whether or not convicted. This includes anyone who has committed “acts that constitute a chargeable criminal offense,” whether or not the person has been convicted, charged or even arrested. It also suggests that the Administration intends to rely much more heavily on state and local law enforcement for making such enforcement determinations.</p>
<p>Trump has pledged that his administration will rapidly deport 2 to 3 million “criminal aliens.” His <a href="https://www.donaldjtrump.com/policies/immigration">website</a> cites a 2013 Center for Immigration Studies <a href="http://cis.org/sites/cis.org/files/Deportation-Numbers-Unwrapped.pdf">report</a> for this figure. Immigration scholars have suggested the actual number is significantly lower. For example, in 2015, the nonpartisan Migration Policy Institute <a href="http://www.migrationpolicy.org/research/understanding-potential-impact-executive-action-immigration-enforcement">reported</a> there are 820,000 unauthorized immigrants with criminal convictions in the U.S. Many were charged with misdemeanors or unlawful entry. </p>
<p>This is unsurprising. Research from <a href="http://socpro.oxfordjournals.org/content/56/3/447.abstract">criminologists</a> shows that immigration actually lowers the rates of violent crimes. </p>
<p>Trump, however, has signaled that the category of “criminal aliens” may be much broader than individuals convicted of serious crimes. It may include individuals arrested, but not convicted, or individuals with unsubstantiated gang affiliations. But even this incredibly broad definition of criminal aliens does not cover all immigrants.</p>
<p>There are three other broad groups of individuals who generally fall outside of this priority deportation category.</p>
<h2>Immigrants who arrived as children</h2>
<p>About <a href="https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca_performancedata_fy2016_qtr4.pdf">750,000</a> young people qualified for the 2012 Deferred Action for Childhood Arrivals (DACA) program, which grants two years of permission to work and protection from deportation to certain undocumented immigrants who came to the U.S. as children. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=444&fit=crop&dpr=1 600w, https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=444&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=444&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=558&fit=crop&dpr=1 754w, https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=558&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/154331/original/image-20170125-23851-poib7n.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=558&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Mexican farm worker Maria Amalia Ruiz shares ‘Faces of DAPA/DACA+’ exhibit.</span>
<span class="attribution"><span class="source">AP Photo/Edwin Tamara</span></span>
</figcaption>
</figure>
<p>In order to qualify for DACA, the children must have arrived in the United States before June 15, 2007, completed high school or its equivalent and have a criminal record that is clear of anything more than minor misdemeanors. </p>
<p>Most individuals who received or were eligible for DACA will not likely be among those prioritized for enforcement. Trump <a href="https://www.donaldjtrump.com/policies/immigration/">pledged</a> to rescind DACA immediately. But, after being elected, he <a href="http://www.huffingtonpost.com/entry/donald-trump-daca-dreamers_us_58481963e4b0d0df18372021">expressed sympathy</a> for these young people and suggested he might be willing to find a solution to their problems. </p>
<p>If DACA were rescinded, those young people, who are culturally Americans, would face numerous challenges, including unemployment, the inability to go to college and the risk of deportation. To alleviate these burdens, senators Dick Durban and Lindsey Graham introduced the <a href="https://www.nilc.org/issues/daca/faq-bridge-act/">BRIDGE Act</a> in December 2016. This legislation would provide DACA recipients and similarly situated young people with “provisional protected presence” – temporary permission to remain in the country but no path to citizenship.</p>
<p>In the current highly polarized political context, it’s unclear if the bill will have majority support in the House, and President Trump has made no promise to sign it.</p>
<h2>Immigrant parents of Americans</h2>
<p>Another <a href="http://www.migrationpolicy.org/news/mpi-many-37-million-unauthorized-immigrants-could-get-relief-deportation-under-anticipated-new">4 million</a> immigrants would potentially have qualified for the Deferred Action for Parents of Americans (DAPA) program, or an expansion of DACA known as DACA+. President Obama announced these programs in 2014.</p>
<p>DACA+ broadened the DACA Program to allow more young people to qualify. <a href="https://www.uscis.gov/sites/default/files/USCIS/ExecutiveActions/EAFlier_DAPA.pdf">DAPA</a> would have enabled undocumented parents of U.S. citizens or lawful permanent resident children to qualify for permission to work and a temporary protection from deportation with two conditions: They had to be in the country continuously since Jan. 1, 2010, and not be convicted of any disqualifying crimes. </p>
<p>But, due to a <a href="https://theconversation.com/deadlocked-what-a-nine-word-decision-means-for-five-million-undocumented-immigrants-61550">lawsuit</a>, the programs were never implemented.</p>
<p>Trump promised to immediately rescind DAPA and DACA+, and he may do so before their legality is resolved in court. With the possible exception of those who have committed minor misdemeanors, individuals who would have been covered by these programs likely will remain a low enforcement priority.</p>
<p>Some undocumented parents of U.S. citizens might qualify for residency through their children. However, they will still face steep barriers to legalization. For example, wait times for these <a href="https://www.uscis.gov/family/family-us-citizens">family visas</a> stretch for years. Even when visas become available, those who have spent more than one year in the country without lawful status face a 10-year bar on being able to enter the country legally. Many cannot afford legal counsel to assist in this process. And some of these individuals may have missed prior immigration court hearings and been ordered deported without being present.</p>
<h2>Workers and recent arrivals</h2>
<p>A third group consists of several million adults who are not parents of U.S. citizens or permanent residents, do not have criminal records and are currently working in the country. These individuals are unlikely to be a named priority for deportation. But if the new administration engages in an enforcement strategy of high-profile workplace raids, as were common under <a href="https://www.nytimes.com/2017/01/02/us/illegal-immigrants-raids-deportation.html?_r=0">President George W. Bush</a>, these individuals could still be vulnerable.</p>
<p>Even if they are not apprehended and deported, it seems unlikely that they will receive authorization to work in the United States or legal protection from deportation. </p>
<p>Immigrants who have recently entered the U.S., such as unaccompanied minors fleeing violence in Central America, had already been prioritized for removal by the Obama administration. Trump’s promises to stiffen border enforcement will likely ensure their continued prioritization for deportation.</p>
<h2>Other factors</h2>
<p>The groups identified above are further affected by legal histories that can create opportunities or barriers. </p>
<p>For example, close relatives of U.S. citizens, certain crime victims and those with a well-founded fear of persecution in their country of origin may be able to qualify for visas or asylum. On the other hand, those who failed to attend an immigration court hearing, left and reentered the country without authorization or previously claimed to be U.S. citizens may be at heightened risk of deportation.</p>
<p>Trump’s rhetoric about building a wall with Mexico also suggests that immigrants from Mexico are perceived to be a problem, even though Mexicans constitute a <a href="http://www.pewhispanic.org/2016/09/20/overall-number-of-u-s-unauthorized-immigrants-holds-steady-since-2009/">declining</a> share of the unauthorized population. Individuals perceived to be Mexican nationals therefore may be particularly at risk for enforcement efforts, including those that target individuals based on their racial or ethnic <a href="http://caselaw.findlaw.com/us-supreme-court/422/873.html">appearance</a>.</p>
<p>It is still unclear how priorities set by Trump will trickle down to the officers who are actually carrying out enforcement practices. Immigration and Customs Enforcement agents and Customs and Border Protection agents who felt constrained by Obama’s policies and programs may feel more empowered to engage in aggressive and racially targeted enforcement efforts.</p>
<p>The new Department of Homeland Security secretary, retired General <a href="http://www.cbsnews.com/news/john-kelly-homeland-security-chief-confirmed/">John Kelly</a>, has no legal training. He could either serve as a check on overly zealous enforcement efforts or devise policies that facilitate them.</p>
<p>Trump’s focus on deporting “criminal aliens” and his suggestion that he might offer reprieve to certain immigrant youth suggest there could be some continuity between his <a href="https://theconversation.com/trumps-immigration-policies-will-pick-up-where-obamas-left-off-70187">enforcement priorities</a> and those of Obama. But the new president’s emphasis on mass deportation promotes <a href="https://theconversation.com/how-trumps-immigration-enforcement-could-affect-families-and-communities-69019">fear</a>. This, in turn, may make noncitizens less likely to apply for naturalization, attend school, seek medical care or challenge violations of labor laws. </p>
<p>Despite fear, however, some immigrants have expressed renewed commitment to activism. As one interviewee told us, “The struggle continues.”</p><img src="https://counter.theconversation.com/content/70467/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Susan Bibler Coutin research on this topic was supported by funding from the Russell Sage Foundation, the National Science Foundation's Law and Social Science program (Award #1535501), and the UC Irvine Schools of Law and of Social Sciences,</span></em></p><p class="fine-print"><em><span>Jennifer Chacón receives funding from the National Science Foundation. The research that is referenced in the article is funded by grants from the the National Science Foundation & and UC Irvine Schools of Law and of Social Sciences.</span></em></p><p class="fine-print"><em><span>Sameer Ashar receives funding from the National Science Foundation and Russel Sage Foundation. He also works with various community grassroots groups that advocate for the rights of immigrants in California.</span></em></p><p class="fine-print"><em><span>Stephen Lee receives funding from the Russel Sage Foundation and National Science Foundation. He is also a member of the nonpartisan American Law Institute. </span></em></p>A team of legal scholars breaks down the factors that will determine which immigrants are most vulnerable for deportation under the new administration.Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, IrvineJennifer Chacón, Professor of Law, University of California, IrvineSameer Ashar, Clinical Professor of Law, University of California, IrvineStephen Lee, Professor of Law, University of California, IrvineLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/692692016-11-24T20:13:34Z2016-11-24T20:13:34ZHere’s how undocumented students are able to enroll at American universities<p>President-elect <a href="https://www.donaldjtrump.com/policies/immigration">Donald Trump has vowed</a> to deport millions of undocumented people, beginning on his first day in office. In response, students and faculty from <a href="http://fusion.net/story/371117/undocumented-students-leading-fight-for-sanctuary-campuses/">100 campuses</a> around the United States have launched a campaign to demand that their universities become “sanctuaries” for undocumented students. </p>
<p>About <a href="https://thinkprogress.org/why-so-few-undocumented-immigrants-make-it-through-college-d07d30136e5#.dcuohfo9b">30,000 undocumented students</a> enroll in higher education each year. Of these, fewer than 2,000 will graduate. Many of these students face financial difficulties. In addition, they lack mentoring and support.</p>
<p>We are sociologists at the University of California, Merced and are currently working on a research project on undocumented students’ access to higher education. Our students and faculty too are demanding to be a “sanctuary campus.” </p>
<p>Many at this time also want to know how undocumented students are able to attend university if they do not have legal status.</p>
<p>There is a complex web of federal and state laws that both prevent and facilitate undocumented students’ access to higher education. In most states, students do not have to <a href="http://www.thenyic.org/node/3491">disclose</a> their immigration status or provide a <a href="http://www.collegeconfidential.com/dean/college-advice-for-undocumented-student/">Social Security number</a> when applying for university. </p>
<h2>Policies vary by state</h2>
<p>Immigration policy is under the purview of the federal government. States, however, can pass laws that make them more or less friendly to undocumented immigrants.</p>
<p>In 1975, the Texas Legislature <a href="https://www.americanimmigrationcouncil.org/research/plyler-v-doe-public-education-immigrant-students">passed a law</a> that permitted school districts to deny undocumented children access to education. A group of students from Mexico challenged the case, and in 1982, the case reached the Supreme Court. </p>
<p>In a landmark judgment, <a href="https://www.americanimmigrationcouncil.org/research/plyler-v-doe-public-education-immigrant-students">Plyler v. Doe</a>, the Supreme Court decided that the Equal Protections Clause requires local school districts to ensure that all children in the United States have access to K-12 education. Plyler v. Doe, however, does not apply to higher education. </p>
<p>In fact, when it comes to higher education, <a href="http://www.ncsl.org/research/immigration/tuition-benefits-for-immigrants.aspx">three states</a> explicitly bar undocumented students from enrolling in universities: Alabama, Georgia and South Carolina. </p>
<p>Alabama and South Carolina bar undocumented students from all public institutions of higher education. Georgia bars undocumented students from enrolling in the five most selective public institutions.</p>
<p>Most states, however, have no policies with regard to access to higher education for undocumented students. This is made possible as there is <a href="https://professionals.collegeboard.org/guidance/financial-aid/undocumented-students">no federal law</a> that requires students to prove they are lawfully present to be admitted into a post-secondary institution in the U.S. Undocumented students <a href="http://www.thenyic.org/node/3491">do not have to disclose their status</a> and they do not have to provide a <a href="http://www.collegeconfidential.com/dean/college-advice-for-undocumented-student/">Social Security number</a> when applying.</p>
<p>In those states that have no official policies, undocumented students often must pay out-of-state or even steep international rates for public education. This makes access to higher education difficult.</p>
<h2>Providing financial support</h2>
<p>In contrast, there are <a href="http://www.ncsl.org/research/immigration/tuition-benefits-for-immigrants.aspx">20 states</a> that not only allow undocumented students to attend institutions of higher education, but also permit those students to pay in-state tuition. </p>
<p>The 20 states, subject to change, that have this policy are California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Maryland, Michigan, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah and Washington. </p>
<p>In these 20 states, undocumented youth who graduate from high school within the state and meet other residency requirements – such as having graduated from high school within the state – are eligible to pay in-state tuition in the state’s public universities. The availability of in-state tuition facilitates access for undocumented college students by making it more affordable. </p>
<p>However, even though most undocumented students come from low-income families, they are not eligible for federally funded programs such as loans and Pell Grants. A Pell Grant is a <a href="https://studentaid.ed.gov/sa/types/grants-scholarships/pell">federally subsidized grant</a> for low-income students that does not have to be repaid. The lack of federal grants and loans presents an important barrier to access to higher education for undocumented youth.</p>
<p>Currently, only five states offer financial aid to undocumented students: California, New Mexico, Texas, Minnesota and Washington. In the remaining states, undocumented youth have to fund their education themselves, or rely on a very limited supply of private scholarships. <a href="http://www.thedream.us/">TheDream.US</a>, a national scholarship fund, for example, provides highly competitive scholarships to undocumented students to attend <a href="https://mydocumentedlife.org/2016/11/15/the-dream-us-scholarships-open-to-undocumented-students-with-daca-or-tps/">university</a>.</p>
<h2>Private universities make their own decisions</h2>
<p>There are no laws that prevent undocumented students from attending private universities. These universities, however, tend to be even more costly than public universities, and are unaffordable for most undocumented youth.</p>
<p>Some private universities offer a small number of scholarships to undocumented students that enable them to access higher education, but the demand far outpaces <a href="http://www.migrationpolicy.org/research/lessons-local-level-dacas-implementation-and-impact-education-and-training-success">supply</a>.</p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/147242/original/image-20161123-19696-47fexs.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Statue of John Harvard at Harvard University.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/davepeterson/2206731767/in/photolist-4n15tr-drFNfs-dtw3FT-cGrAkf-8WHHro-gwSCPz-bpDLL-oxpwLv-qtoM1D-zH62-hngc1g-JG94Y-nE85eK-9Xa1it-8ovzZM-95C7u6-kDMGp-az3XDL-8ovzVn-3EW6Qg-6ff4so-cyV8FG-5bmdB7-bnMc2n-4v2KzQ-cFi4aN-dc5Sbq-2kUKt3-a11dtq-48ziVT-PHa1e-fjMRxS-dCBHdo-JGfwt-5pYpAn-gmvDnx-4v2JLS-uqDZs-86ySzV-7XizTN-8Pmf8m-mVaikP-kDMGo-dHe2hs-777FW7-oa1r4G-4Jn8Ns-fEfuMB-2M3er-roBdJX">Dave Peterson1</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-sa/4.0/">CC BY-NC-SA</a></span>
</figcaption>
</figure>
<p>The most selective universities in the country, such as Harvard, Princeton and Duke, offer <a href="http://getmetocollege.org/financial-aid/info-for-undocumented-students/school-policies-towards-undocumented-students">need-based scholarships</a> to all admitted students, including those who are undocumented. Here, the main obstacle is admission. The acceptance rate at Harvard, for example, is 6 percent. At Duke, it is <a href="http://colleges.usnews.rankingsandreviews.com/best-colleges/rankings/lowest-acceptance-rate">12 percent</a>. Although there are no estimates of undocumented students in private universities, it is estimated that <a href="http://www.undocuscholars.org/assets/undocuscholarsreport2015.pdf">200,000 to 225,000</a> are enrolled in colleges nationally.</p>
<p>Other, less selective colleges do not offer full financial aid to all admitted students. For example, Bard College, which accepts one-third of all applicants, offers much more limited <a href="http://getmetocollege.org/financial-aid/info-for-undocumented-students/school-policies-towards-undocumented-students">financial aid</a> packages for undocumented students. At Bard College, similar to many other colleges, undocumented students must apply as international students. </p>
<p>Most private universities consider undocumented students to be international students, which often means they have to pay higher tuition than domestic students. A few, however, have changed their policies and now consider undocumented students to be domestic students, both in their <a href="https://mydocumentedlife.org/2016/09/14/colleges-that-accept-undocumented-students-as-domestic-students/">admission criteria</a> and financial aid policies.</p>
<h2>The case of California</h2>
<p>The state with the largest number of undocumented immigrants in the country is <a href="http://www.pewhispanic.org/2016/09/20/overall-number-of-u-s-unauthorized-immigrants-holds-steady-since-2009/">California</a>. Nearly two and half million of the estimated <a href="http://www.pewhispanic.org/interactives/unauthorized-trends/">11 million</a> undocumented migrants in the United States live in California. The Golden State also has some of the most favorable policies toward them. </p>
<p>A series of immigration policy reforms in California known as the California Dream Act provides access to higher education for undocumented students. Governor Gray Davis signed <a href="http://ab540.com/What_Is_AB540_.html">AB 540</a> in 2001, a bill that granted undocumented students in-state tuition eligibility.</p>
<p>One decade later, Governor Jerry Brown signed Assembly Bills, <a href="http://www.laney.edu/wp/ab540/california-dream-act-ab-130-131/">AB 130 and AB 131</a>, which granted scholarships from nonstate or private funds and allowed eligible undocumented students to apply for state financial aid.</p>
<p>Without financial aid, and especially without access to in-state tuition, college attendance remains out of reach for most undocumented students. </p>
<p>Our research group recently interviewed 35 undocumented students at the University of California in Merced and found that the annual household income was less than US$25,000 for 22 of the 35 students. </p>
<p>In-state tuition at UC Merced is over $13,000. In addition to tuition, students must also cover their living expenses, supplies and books. The total cost of attendance at UC Merced for a student who lives at home is estimated at <a href="http://financialaid.ucmerced.edu/cost-attendance">$25,825</a>, more than what most of these families earn in a year. </p>
<p>It is clear their parents would not be able to afford to pay tuition, much less to pay room, board, books and other costs associated with college attendance. Even with state financial aid, students struggle to get by. </p>
<h2>What can change under Trump</h2>
<p>On June 15, 2012, President Obama created a new policy for children of immigrant parents, known as the Deferred Action for Childhood Arrivals (<a href="https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca">DACA</a>). This policy temporarily protects undocumented youth from deportation, and provides them with a Social Security number and a work permit.</p>
<p>To qualify, undocumented immigrants must have been under the age of 31 on or before June 15, 2012; have arrived in the United States before the age of sixteen; and be currently enrolled either in school or in the armed forces or already have completed high school. DACA does not provide any additional benefits when applying to college. </p>
<p>DACA does allow many undocumented college students to supplement their parents’ meager income by getting part-time employment. </p>
<p>President-elect Donald Trump has threatened to <a href="https://www.donaldjtrump.com/policies/immigration">rescind</a> all of President Obama’s executive orders. If this happens, youths who currently have DACA would eventually lose their work permits as well as access to employment in the formal economy. DACA has had a <a href="http://immigrationimpact.com/2015/06/15/3-years-in-its-increasingly-clear-that-daca-benefits-all-of-us/">noticeably positive impact</a> on its beneficiaries. It has opened up better economic opportunities and allowed recipients to obtain driver’s licenses, and even open their first bank accounts. </p>
<p>A repeal of DACA would also negatively affect undocumented youths’ access to university as it would affect their ability to work and thus afford university.</p>
<p>However, as president, Trump would not be able to directly change state laws governing access to higher education. Those laws were passed by state legislatures and could only be overturned by the state legislatures themselves or by the Supreme Court, if they were determined to be unconstitutional. </p>
<p>In Kansas, for example, the in-state tuition law has come under attack nearly every year <a href="http://www.kansas.com/news/politics-government/article1111646.html">since the law passed in 2004</a>. However, these attacks have been unsuccessful at repealing the law.</p>
<p>As president, Trump could threaten to take away federal aid from states or even from universities that allow undocumented students. However, as the sanctuary movement builds, and as more and more campuses sign on, there would be, we believe, strong resistance to any efforts to restrict access to higher education for undocumented youth.</p><img src="https://counter.theconversation.com/content/69269/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Twenty states not only accept undocumented students in higher education institutions, but also provide them with financial support.Tanya Golash-Boza, Professor, University of California, MercedBenigno Merlin, Ph.D. Student, University of California, MercedLicensed as Creative Commons – attribution, no derivatives.