Understanding the Challenges Undocumented Students Face

Who Are Undocumented Immigrants?

The term “undocumented” refers to individuals residing in the country without proper authorization, encompassing those who entered the U.S. without the government’s permission and those whose visas have expired. There are an estimated 11 million undocumented people from all over the world currently residing in the United States.

Undocumented College Students

Undocumented college students often arrived in the United States as young children under the age of 12. Despite growing up in the United States and considering themselves Americans, they lack a pathway to become U.S. citizens or lawful permanent residents.

Some undocumented students at your college or university may be enrolled in the Deferred Action for Childhood Arrivals (DACA) Program. The DACA Program, created under the Obama Administration in 2012, provides temporary work authorization and relief from deportation for individuals who came to the United States as children and meet certain eligibility requirements. More than 900,000 K-12 and higher education students are undocumented, yet only 140,000 of them are current DACA recipients. This means that the majority of undocumented students at colleges and universities do not have DACA. The DACA Program is now closed to new applicants due to ongoing litigation, meaning that many high school and college-aged students who otherwise would have been eligible cannot now apply.

Undocumented students without DACA do not have the same work authorization or protections from deportation that their DACA-recipient peers possess.

Navigating this complex legal landscape can be challenging for undocumented students. Career service professionals play an important role in providing information and guidance on the policies and programs that may impact their ability to pursue their career goals. By staying informed about the latest changes and developments in immigration policy and providing targeted support and resources to undocumented students, career services can help these students have the best possible chance to succeed in the workforce. You can stay informed by following Informed Immigrant (Instagram) and FWD.us (Instagram, Twitter) on social media.

Key Considerations for Undocumented Students When Pursuing Career Opportunities

Undocumented students face a number of legal obstacles when pursuing career opportunities, and it’s important for career service educators to be aware of these issues and provide guidance and support to help students navigate them.

ELIGIBILITY FOR EMPLOYMENT

Undocumented students may be restricted from certain job opportunities due to their immigration status, even if they have employment authorization. These may include restrictions on government employment, jobs requiring a security clearance, or jobs requiring professional licenses. While some of these restrictions are determined by federal law and policy, others, including access to professional and occupational licenses, are determined at the state level. Examples include restrictions on becoming licensed nurses, teachers, and engineers, depending on the state and job requirements (for more information on professional and occupational licensure requirements, visit the Higher Ed Immigration Portal).

Only six states—California, Colorado, Delaware, Illinois, Nevada, and New Jersey—have comprehensive access to professional and occupational licensure for undocumented individuals, with or without DACA, meaning that undocumented individuals can apply for and receive professional and occupational licenses for whichever industries they are required by these states.

Career counselors can provide guidance on career options that align with the student’s immigration status and future plans, considering policy changes and discussing career paths that may be more accessible or challenging for undocumented students.

Below are a couple of examples of state licensing regimes that undocumented students must navigate. It is important to note that these laws and regulations are subject to change. Undocumented students should consult with legal and/or professional organizations for the latest information on licensure requirements in their state.

Examples:

• Registered Nurses – In all 50 states and DC, working as a registered nurse requires a professional license. However, despite being able to graduate with a nursing degree, undocumented people may not be able to work as nurses, depending on state policy. Unfortunately, many undocumented students have been unaware of the restrictions professional licensure may have on their careers until after they have already begun a nursing program.
• Teachers – Confusingly, even if an undocumented person can comprehensively access professional licensure in a state, they may not be able to teach. There are often additional requirements that individuals must meet to become teachers. In states that permit undocumented individuals to access teachers’ licenses and certifications, they still may not be able to get a job at a school without work authorization. In addition, to become a certified teacher, individuals often must undergo a background check that may be difficult to obtain without a social security number. While DACA recipients possess a social security number, undocumented individuals without DACA do not.

DOCUMENTATION REQUIREMENTS FOR EMPLOYMENT

Undocumented students may lack the documentation required for employment, such as a social security number or work authorization. Undocumented individuals should never misrepresent themselves on any employment application or other official paperwork by claiming to be a lawful permanent resident or U.S. citizen. Misrepresentation of their immigration status and/or engaging in “unauthorized employment” may jeopardize their ability to adjust their immigration status in the future. Undocumented students should seek  legal advice if questions related to immigration status arise in the context of an employment application.

Employers are required to verify the identity and employment eligibility of all employees by completing Form I-9, which requires documentation such as a driver’s license, passport, or social security card. Undocumented individuals may not have access to these documents, which can make it difficult for them to secure employment.

Individuals with DACA will be able to use their Employment Authorization Document (EAD) to establish their identity and employment eligibility on the I-9 Form. This DACA Guidance for Employers from the United States Citizenship and Immigration Services (USCIS) clarifies for employers (List A, item 4) that an EAD is an acceptable document for this purpose.

Career service counselors can play a critical role in helping undocumented students navigate these documentation requirements and identify strategies for obtaining the necessary documents. This may involve providing guidance on how to obtain a tax ID number or Individual Taxpayer Identification Number (ITIN), which may be used for tax purposes for individuals who do not have and are ineligible to obtain a social security number.

ENTREPRENEURSHIP AND OTHER OPPORTUNITIES

Entrepreneurship and other non-employment-based opportunities may be appropriate for some students seeking work experience. Consider encouraging students to explore opportunities, such as:

Entrepreneurship

• Resources:
  • Spark
  • Immigrants Rising

Independent Contracting or Freelancing

• Resources:
  • Immigrants Rising – 5 Tips for Educators to Help Students Get Started as Independent Contractors/Freelancers
  • Immigrants Rising – Working for Yourself Guide

Worker Cooperatives

• Resources:
  • Democracy at Work Institute

While they are still studying, there are also ways for undocumented students to gain career experience through fellowships and other non-employment-based opportunities. You can advocate for your institution to offer these types of opportunities.

DISCRIMINATION AND HARASSMENT

Undocumented students may also face discrimination and harassment in the workplace, which can limit their opportunities for career advancement. Career services should provide guidance to help students understand their rights in the workplace and how to handle discrimination. Students should know that:

• Federal law prohibits discrimination on the basis of national origin and, in many cases, citizenship for people with valid work authorization in hiring and firing. According to the Department of Justice (DOJ), “Firing employees who have the legal right to work, such as DACA recipients with work authorization, based on their immigration status, national origin, or assumptions about these characteristics may violate federal, state, or local law.” An individual with valid work authorization should consult with an attorney if they are fired or experience a adverse employment action due to immigration status or national origin.
• During the hiring process, employers are required to confirm the applicant’s identity and work authorization, not their immigration status.
• Employers cannot specify which documents an employee is required to use to establish employment authorization, and DACA employment authorization cards are legally accepted as proof of work authorization. However, some DACA recipients have reported challenges getting their new employers to recognize this document. If this happens, the person should consult a licensed attorney.

Developing Career Skills

Identifying Skills and Building Up Students

Undocumented students, just like all students, can benefit from developing skills and practicing interviews through their career services center. Because many undocumented students are also first-generation college students, they may be coming to career services with a different baseline of knowledge about job searching and launching their career. When working with undocumented students, you may need to tailor your approach according to students’ varying life experiences to meet students where they are and help them thrive in their job search.

NETWORKING

Career services can help undocumented students build their professional networks by connecting them with alumni, professionals, and other students who may be able to provide guidance, advice, and job leads. It can be especially helpful for undocumented students to connect with undocumented alumni or other alumni who have pursued entrepreneurial opportunities or self-employment. If your institution does not already have an
established undocumented alumni association network, this can be an invaluable tool for current and future students. See the Undocumented Alumni Association of UCLA and California State University, San Bernardino (CSUSB) Undocumented Alumni Chapter for examples. Below are some examples of other professional networking opportunities.

• UndocuProfessionals – provides a mentorship program and leads to jobs at organizations that want to support undocumented professionals.
• Pre-Health Dreamers – promotes the inclusion of undocumented individuals in the healthcare and health sciences fields.

RESUME BUILDING

Due to non-traditional backgrounds and employment experiences, undocumented students may have unique skills and qualifications that they need assistance teasing out in their resumes.

• Find ways to amplify students’ skills such as child care, translating, managing a budget, fixing cars, carpentry, farming, selling goods at flea markets etc. Immigrant students may have more non-traditional work experience than other students. It is important for educators to affirm these non-traditional skills and to find ways to help students amplify them in resumes.
  • Using the “funds of knowledge” framework can help educators and students identify the experience they are bringing to the table from contributing to their household and other work while they were growing up.
• CareerOneStop can also help identify students’ applicable skills.
• Undocumented and other immigrant students may be more likely to have gaps in their resumes due to changes in their immigration status or for other personal reasons. Career services should help these students learn how to address these gaps in interviews and/or cover letters.

INTERVIEW PREPARATION

Undocumented students may feel more sensitivity than other students about entering interviews. Career services should provide some guidance to help students know what questions potential employers can and cannot ask during the job interview and how to respond when they are asked inappropriate questions.

Career services should also make sure students are aware of what information they are required and not required to disclose when applying for a job.

• Potential employers have the right to ask if applicants are legally eligible to work in the United States and if they can provide proof of their work authorization.
• If an applicant has a valid employment authorization document (EAD) through DACA, Temporary Protected Status (TPS), or another immigration program they are legally eligible to work in the United States, and they do not have to provide any more details about their immigration status.
• Employers are prohibited from asking about an applicant’s immigration history or status, including their country of origin or first language. However, if the job requires proficiency in a language other than English, employers can ask about the candidate’s fluency in other languages.
• Disclosing one’s immigration status is a deeply personal decision, and it’s essential to know that it’s never a requirement during job or client interviews.
• The Yale Office of Career Strategy offers some options for how job applicants can respond if they are faced with illegal interview questions.

In some cases, students may also want to identify immigrant-friendly businesses to apply to. TheDream.US Career Connections List provides the names of companies that have used their platforms to speak out in support of DACA and DACA recipients.

Professional Development Opportunities for Undocumented Students

INTERNSHIP AND FELLOWSHIP PROGRAMS:

While internship and externship programs can provide undocumented students with valuable work experience and help them develop skills that are relevant to their career goals, they can also be particularly difficult to navigate. If a student does not possess a social security number, they may only be eligible for unpaid internships. It can be extremely difficult to choose between building up their resume and work experience with an unpaid internship or opting for another opportunity that provides income. If your institution does not already have them, developing funding sources that provide scholarships, stipends, or other aid to students participating in unpaid internships can help give undocumented and other low-income students a better chance to engage in the internship market.

Career service educators can support efforts to create inclusive fellowship programs in their institutions by partnering with other departments on campus and utilizing this tool: Creating Fellowship Programs: For Educational Institutions. Other examples of internships and fellowships include:

1. Labor Summer Internship – UC Berkeley Labor Center (national)
2. Dream Summer – UCLA Labor Center | Dream Resource Center (national)
3. Immigrants Rising’s List of Scholarships and Fellowships

Career service educators can help undocumented students identify and access these resources and programs by providing guidance on how to navigate eligibility requirements and application processes.

Conclusion

Career service professionals play a critical role in equipping every student with the necessary tools and resources to excel in their desired professions. Given the unique obstacles that undocumented students encounter in their pursuit of employment and career growth, it is imperative that educators stay informed about their rights, available resources, and career pathways. Through specialized career counseling, job search support, and access to alternative employment options, educators can empower undocumented students to navigate these challenges and pursue their career aspirations with confidence. Ultimately, by prioritizing career services for undocumented students, educators can help create a more equitable and inclusive workforce for all.