Transcripts For CSPAN2 Key Capitol Hill Hearings 20240622

Power to make the laws and a provision that is at issue. I think its important to come want to get to the language of the smiley which my friend embraces i would like it to because as i read those two cases that dont help you very much. I mean hildebrant stock about a particular statute was passed in 1911. It helps the government with its statutory argument because at different statute isnt similar words but we dont know if it was with the same intent. Smiley talks about a sitting legislature and asks whether its exercise of the map drawing power as a legislative exercise or say, more like an impeachment exercise. It doesnt talk about what is at issue here where you people outside that building making a legislative decision. So i didnt see those two cases as helping you that much though please argue to the contrary. But i think the great open question here is what happens when legislative power, over time, expands from a group of people sitting in the state capital to those people plus a referendum . And their i dont find much of in the cases one way or the other. Justice breyer, i think that hildebrant smiley, hawk and also this court, case that this court decided a few months after smiley and that was block quoted in the Court Opinion last week the atlantic cleaners and buyers case all strongly support the reading of the wrrda, the meaning of the word legislature that we advocate and the was in fact, the consensus definition of legislature. The consensus definition, although you cannot give us a single instance in the constitution which was used in which the consensus definition is clearly just. I dont think it was a consensus definition at all. You pluck them out of a couple of dictionaries. It was referring addiction i take it our your support. See how the word is used and it defines definition as the power. We dont use the that word power in the sense anymore but that power to legislate. The power that legislates in arizona is that people in the capital plus the referendums. I will address of the cases come if i made First Responder Justice Scalias assertion. One thing is for sure. If there any other constitution come any other dictionary that had a different principle mean we would have seen in a briefing in this case, a we dont have to look at the framers own use of the term, if i may. Charles pinckney, for example these are collected at pages 39 and 40 of our brief. Charles pinckney who wanted to do away with the second part of the cost to get folks in part because he thought it was editor but on a states rights said quote, that america is a republic where the people at large, either collectively or by representation, form the legislature. Madison made clear in discussing the constitution that when he referred to, quote, the legislatures of the states, he meant the existing authorities in the states that comprised the legislative branch of government. James wilson repeatedly interspersed legislature, states, and the people acting by democracy. Lets say that legislature means the body we normally can think of as the legislature. However, at the time there was no such thing as the referendum or the initiative. So when the dictionaries refer to the power, a power that makes laws, it was always the legislature. It was never the people at large because there was no such a thing as the referendum. Now that there is such a thing as a referendum, what about saying okay, legislature means that Everybody Knows the legislature is plus the full citizenry, which is a level higher of democracy . But what we have here is not a level higher of democracy. Its giving this power to an unelected body of five people that could could that body, as its constituted year, two of them are elected were selected by the majority party, to selected by the minority party. What if arizona decided all four would be selected by the majority party, would that be okay . Justice scalia, any delegation question, the issue in this case is what does the word legislature mean . My friend conceived whatever the legislature is they can delegate its authority. So the delegation question, ill endorse whatever, i believe my friend would say. Because the Arizona Legislature has delegated all manner of time, place, and manner regulations to a single person, both the secretary of state and executive officer, in the individual counties that set the precinct places, the places where you can go vote where you can register, et cetera. So delegation i dont think is in this case. The question is what is the legislature . And if your question is now we know that theres something called an initiative of course we knew this 120 years ago when the first states started reserve in the constitution legislative power to the people but initiative. To echo something that Justice Kagan adverted to in the early argument, we are talking about a construction of the word Legislature Passed all time place or manner regulations. Why does your interpretation make the worse by the legislature thereof entirely superfluous rexnord why dont they just say the rules will be prescribed by each state . Because as the court explained in smiley what the framers wanted was a to be done by a legislation. That is come it wanted a quote complete code of Holding Congressional elections to be enacted. I would i understood your argument to be that as long as its an exercise of legislative power, that it set aside. If you have for example, a governor doing it it presumably would be personal to delegation either from the people from the legislature. Nothing happens until the exercise of lawmaking by the power of the state. It shouldve been insufficient for the drafters of the constitution to simply say it should be prescribed by each day, whether by referendum, by initiative whether they do it butby what is commonly understood by the legislature, whether the dubai committee, whatever. It is up to the power in each state that makes the laws. And as to justice still these hypothetical about could they just delegated to the chair or the state Democratic Party or just let one party choose, as Justice Kennedys separate opinion points out there may be other constitutional problems with that arising either from the First Amendment or the 14th amendment. I believe that mr. Clement would agree on rebuttal but if the legislature, whatever the legislature means, if the legislature decided look, were going to delegate this responsibility to the governor, that would be a constitutional delegation because it wouldve been a decision made by the lawmaking body of the state. If i could just make one point and then address Justice Breyers question about smiley, hildebrand in hawk. It would be deeply, deeply inconsistent with the enterprise in philadelphia to harbor to it such with the notion that our framers intended to set aside both a cornerstone principle of federalism and better aimed to bind the people as close as possible to the National House of representatives. Yes, it is true that all of the sturm and wrung over this clause would into the second part giving congress the authority and that is because no one questioned the fundamental principles that the sovereign states could choose to allocate their legislative power as they wanted. If there had been any suggestion, the antifederalists would have been screaming bloody murder that the states could not do so. Now, smiley specifically said that, and im quoting from page 367, as the authority is conferred for the purpose of making laws for the state, it follows, in the absence of an indication of a contrary intent that the exercise of the authority must be in accordance with the method the state has chosen, as prescribed for legislative enactments. But as mr. Clement points out, the legislature in both smiley and hildebrant remain the prime mover. And what he has objected to taking the legislature out of the picture entirely. Yes, justice ginsburg. We can see that in neither case was the Initiative Power at issue. But that distinction was never made by the court either in hildebrant or smiley. And, in fact, smiley says we find no suggestion in the federal constitutional provision of an attempt to endow the legislature of the state with power to enact laws in a manner other than which in which the constitution of the state im not quibbling innocents about the case. The question in the case is not about the body. I mean, whats the body . Everybody agreed it was the legislature. But when the legislature acts in this instance, is it acting as an electoral body . Is it acting as a ratifying body . Is it acting as a consenting body, as with acquisition of lands or is it acting as a legislative body . Thats correct, thats the answer they give. The question is, are the people, by initiative a legislative body . Are they the legislature is that they themselves have chosen . And in smiley, i can discuss in hildebrant this what the court said. It was because of the authority of the state to determine what should constitute its legislative process that the validity of the requirement of the state constitution in its application to Congressional Elections was sustained. Legislative process of their means of process in the legislature. What it takes for the legislature to enact a law. Once you assume legislative refers to legislature, your whole argument for smiley just disappears. The state of arizona like the states of the near majority the constitution of the state of a new majority have defined the legislative power to include the people but initiative. Again, in atlantic cleaners which was decided a month after smiley in which this court quoted last week, it said that it is not unusual for the same word to be used with different meanings and thus, and im quoting, and thus, for example the meaning of the word legislature used several times in the federal constitution differs according to the connection in which it is employed depending upon the character of the function which that body in each instance is called upon to exercise citing smiley. You have said the court in yates. It was a plurality . Was it or am i yates doesnt itself yates doesnt talk about it. It was a decision in yates spirit know, i know but my point on is that the Supreme Court in the months following smiley, again interpreted smiley i was not quoting from yates. Im quoting from atlantic cleaners itself citing smiley. Thank you. Thank you counsel. Mr. Clement, you have five minutes left. Thank you, mr. Chief justice and may please the court. Court. Let me start with the definition of legislature. We can point to our favorite quotes from the framers. They are at 27 and 34 and 35 of the blue brief. The critical thing is not what the framers meant by the legislature when youre talking broadly about political theory. What matters is when youre talking about assigning particular authorities in the constitution to particular components of the state government. In that context as the number of you pointed out there is no doubt, every time they assign an authority to the state legislature, they were assigned the authority to the representative body of the people. That takes us to the smiley case. If the definition of legislature in the smiley case is what this case turns on then with all due respect to my friends on the other side, we win. Because smiley specifically talked, as Justice Breyer alluded to, the body question. And it defined the body. What it said is quote, im quoting from smiley not yates or anything else. Im quoting from smiley the term was not one of uncertain meaning went incorporated into the constitution. What it meant when adopted it still means for purpose of interpretation a legislator wouldvewithin the representative body which made the laws of the people. Thats true. Smiley doesnt help him i dont think but i think it helps you still less because that was the question indicates. Everybody assumed nobody denied that its those people, the bricks over there that are making this law. But the question is are they legislating when they doing it . Nobody denied that they were the legislative power. Here we have a different question. With respect to and that is is this the legislative power when you can perceive a referendum . I think it says also that flexible of the lawmaking authority of the state legislature. So dont think he been given some new key that logic make laws without the process of the government being involved at all. I do think smiley is helpful because not only does it into the body question the parties disputed this. The other side in smiley said we win this case because legislature means the lawmaking authority. The other side said no comment means the body. This court such a right, it means the body but critically at the lawmaking function. I think it wouldve been flabbergasted to find out that the legislature could be cut out entirely. I would think the overriding principle of smiley and hildebrant and hawke is that when it comes to this particular provision, this particular provision as compared to the 17th amendment which is the comparison and contrast that hawke sets up, what it comes to this particular provision we need to show a lot of respect to the states own decisions about how legislative power ought to be exercised. That seems to me the overriding principle of the three cases. I think which up to show disrespect for the way that the state says the state legislature can go about lawmaking. It is completely different to say its okay to cut the state legislature out of the process entirely. Let me avert very primitive in 1911 act which, of course, is since repealed. I think the question should the actual statute has nothing to do with this case. The irony of my friends on the other side rely on the legislative history of the 1911 act is the whole point of the legislative history in 1911 is people in 1911 could read. The statute of the books said youll have the federal default will kick in until the state legislature redistrict. They realized the state legislature meant the state legislature, so they Better Change that law if they wanted to allow the referendum process. It cuts against them on the constitutional issue. It shows that there is a fundamental difference between the legislature and the people. As the chief justice pointed out, if there were become in the framers can stop stop the election laws in each state. They wouldnt have had to say by the legislatures of their own. You can turn that around and say what deprivation shows is really exact what you said is that congress was also important with this idea that the court had, that when you look at that clause, the elections clause, a lot of deference has become to the states own definition. Justice kagan, im happy with giving deference to what the state legislature does. If thats constrained in this day by the rule that you have a gubernatorial veto override the referendum, something has to sit in committee for 30 days and restrictions on the state legislatures are fine, but it has to be the state legislature. Thank you. Thank you, counsel. The case is submitted. Ucla released a report earlier this year about the challenges facing undocumented undergraduate students in the u. S. The report called in the shadows of the ivory tower analyzes a survey of 900 undocumented undergraduate and 32 states who migrate from 55 countries. Its the first and largest study of its kind. Coauthors joined a panel at New York University in april for discussion about undocumented College Students in the u. S. Good morning. It is a pleasure to welcome you for those of you who live in nature, you know this is a rare example of sunshine in the morning. Its not even freezing so its a great pleasure to welcome you to the Steinhardt Institute fire education policy. I wasnt thinking about our second this one thing about how when i started this institute about 12 years ago i kept looking up the word policy in the dictionary. If he ever tried to do that you discover it is kind of the difficult work. Its hard to get a good definition. I think thats appropriate because when i think of policy, we each have an image in our mind are the definition as though we are looking in the dictionary. One of the misunderstandings about policy is policy is rules and regulations and laws, regulations and laws, and we think of the federal government the state government, city government. But policy is also what institutions do. I think that is a misunderstood part of policy. The institutions, whether public or private, small or large, have a fair amount of latitude about how they behave and what kinds of positions they take and services they offer. One of the things we need to do in the policy world is focus much more directly on how should institutions and also other kinds of social organizations think about policy. Think about what kinds of interventions, services support, guidelines make sense at every level of our experience. So thats what its an especially happy moment to welcome the authors of the study that you have read about and we will hear more about this morning, which really looked at the questions facing undocumented students and look looked at those questions from every vantage point, including and especially the student experience. So its a unique kind of study in that regard and one that i think we will all find fascinating as we learn more. When you looked at our secrets speakers today, he you may have noticed three of them are from ucla. I would like to remind those of you at nyu that these three people used to be at nyu and i think that the presence here today is a symbol of the fact that once you are at nyu you can never really leave. Its just like a magnet coming back. We would like to congratulate them on their new roles and especially on this study. I should also say to remind you at nyu that we are now the Global Network university. So in essence a sense we think of ucla now sort of like a west. So as we congratulate you we are also proud of your accomplishments. The way were going to proceed this morning is im going to introduce all of our speakers and they will follow each other without further introduction. Our first speaker will be marcelo suarezorozco, and the other, i wanted to make is because these are distinguished speakers, for those of you not in academia its important to know that when someone is a high level professor with an endowed chair, they have this opening at the start to use, so some of our speakers have multiple names. But the name that is not their own is that the name of the person who gave a large gift to endowed a position. Let me start again. Marcelo suarezorozco is the wasserman Dean Anderson was professor of education at the graduate school of education and information studies at ucla. Before joining ucla he served as professor of globalization and education at New York University. He is coauthor of the Award Winning book reporting the results of this landmark study learning any new land immigrant students in american society. His research focuses on the conceptual and empirical problems in the areas of cultural psychology and psychological anthropology with a focus on the study of mass migration, globalization and education. Following marcello will be Robert Teranishi it was professor of social science and comparative education, and the morgan and held in endowed chair holder in Asian American studies and codirector of the institute for immigration, globalization and education at ucla since 2013. We also think of them as robert. Since 2004, he has can hardly serve as the senior faculty fellow at the Steinhardt Institute for Higher Education policy at nyu where he was many of you know, associate professor at Higher Education. He is focus on race, ethnicity and the stratification of college opportunity. Following robert will be carola suarezorozco. Shes professor of education and codirector of the institute for immigrant children and youth at the graduate school of education at ucla. Prior to joining ucla she served as professor of globalization and education at New York University. She is coauthor of the book learning a new land, and she is editor of the journal of adolescent research. Her research focuses on mass migration, globalization and education within the arenas of cultural psychology and psychological anthropology. Now it is a special welcome to steve choices bring today the voices steven choi, a network of committed or positions and efficacy or positions focus on immigration in new york city. Stephen joynt is executive director of the new immigration coalition, an umbrella advocacy and policy coalition of nearly 200 member groups. Representing new yorks immigrant communities. From 20092013 he was executive director of the center for Community Action which organizes, advocates for and educates korean and Asian American Community Members in new york. Prior to that he was a staff attorney and founding director of the korean workers project. At the Asian American Legal Defense and education fund. The only project on the east coast focus on providing Free Legal Services to lowwage korean immigrants. Janet perez is a College Student and undocumented activists in the immigrant community. She was bored in puebla mexico but raised in the bronx. The bronx, new york. Janet is currently attending Lehman College of the City University and pursuing a double major in physical size with Computer Graphics and imaging. Shes a core member of the state leadership council, Youth Leadership council, and undocumented youth Led Organization fighting for the undocumented immigrant community and also coordinating of its mentoring program. Hirokazu yoshikawa, i can put this complicated titles, is the Courtney Ross professor of globalization and education at nyu, at a University Professor professor at nyu. Easy commuting and developmental psychologist who studies the effects of Public Policies and programs related to immigration, Early Childhood and Poverty Reduction on childrens development. He conducts research in the United States and in low and middle income countries. Previously he served as professor of education at the Harvard Graduate School and served also as its academic again. So i hope you get our speakers a warm welcome and then marcelo will proceed to report on his study. [applause] thank you so much and thank you for your generous thank you for your warm introduction. Buenos dias. Its marvelous been back at nyu. The ucla of the east. [laughter] so we love nyu and we miss it so much that were going to keep taking pieces of nyu back to the best coast. [laughter] thank you, ann. Thats kind introduction that my father would have liked and my mother would have believed. Im really delighted to be back at nyu. Many, many of the ideas and, of course, the architecture of this and so many other Research Initiatives weve undertaken in the field of immigration have the roots here at steinhardt and at nyu more broadly. So im delighted to have this opportunity to come back to steinhardt to come back to the institute to report on our work. During the last decade of the 20th century and the beginning of the 21st century, the undocumented immigrant population of the United States grew substantially from 3. 5 million in 1990 to a peak of 1,220,000,000 in 2007 as the Great Recession began. It has been stable now for some figures out about 11point to million, according to the most recent estimate by our colleagues at the pew research center. One inevitable result of having a large undocumented population over a long period of time is a growing number of mixed status families. While some our citizens by birth, some authorized by law some, many are unauthorized and ill in many, many families live in a kind of increasingly intolerable limbo. After five decades of mass migration, the foreignborn population of our country includes millions of individuals who have been living in the United States for a long time and have wellsettled households steady employment, and deep community ties. This certainly applies to the undocumented migrant population which also has become more permanent and much more settled than in prior ways of mass migration. Never more than a third of the total foreign population, now closer to a quarter unauthorized workers in our midst, worshipers in our churches, and also parents of american children. In a population of 11. 2 million unauthorized migrants, more than 4 million are adults with u. S. Citizen children, and as of 2012 those parents have been living in the United States for 15 years on average according to the most recent data by pew. As our country continues its long, now interminable pause Immigration Reform, young people brought here as children without papers perhaps 1. 5 million or so are graduating from high school in growing numbers, and attempting to go on with their lives. Hundreds of thousands of undocumented College Students are struggling to find their way in Higher Education. We recently surveyed 909 undocumented undergraduates across 34 states that emigrated to america from 55 different countries. They attend an array of two here, for your colleges that range in selectivity. The first and largest study of its kind exclusively focused on youth emerging adults in colleges. The study process a number of findings, the new congress scholars, activists, concerned citizens and like and above all Committee Members should be wise to ponder. Undocumented students encompass a range of immigration history, language background and religions. They are block white brown, asian and pacific islander. They occupy positions across the full spectrum of socioeconomic status. For them like for many many other young people in college today, college is a real challenge. These students are studying and working hard and they long to be long. A majority of them 68 our first generation to college. Not unique to this population but a challenge nevertheless that they have limited guide to navigate in and through college especially in the shadows of the law. Their major of choice by far stem, science, technology engineering, and mathematics which constituted 28. 5 of the reported majors. And clearly our fields are capable and a productive workforce is most needed in the globalized 21st century that has given birth to the Global Network university. Yet these hardworking students live in a kind of as of now, permanent limbo feeling invisible, overwhelmed and stressed. The data paints a new and alarming picture of what undocumented College Students live in their days. With 61. 3 of undocumented students coming from families living on an annual Household Income of less than 30,000 a year, 72. 4 are working while attending college, taxing heavily their ability to succeed academically. More than half 56. 7 of these students reported being extremely concerned about paying for the college education. Among the students are reporting stopping their studies temporarily, 74 of them indicated Financial Difficulties as the primary cause for their stopping out a 72 worked and reported complications from juggling long hours at work physical commutes, and their studies. As such, many felt left out of campus life. Is in the 21st century globalization is a macro context for mass migration, the family is todays meso context. Immigration is, above all, an ethical act of and for the family. One family starts the migration cycle, and another family now reconstituted psychosocial in completes the cycle over time and across generations. Starts with one family at the end of the process, a very very different family. Family separation and Long Distance family systems are normative is in 21st century american immigration. The more this topic the more dysfunctional, the more broken our immigration system becomes the more extended separations and complicated reunification are the Emotional Center of immigration in the 21st century. In our sample, 22 of our participants do not live with parents in the United States. 93 have at least one undocumented parents. 13 6 of them have experienced the deportation of one or both parents, and 56 of them have undocumented siblings. 3 of them have experienced the deportation of a sibling. For them, family separations deportations, and a transnationalism of the hard defines family life. For many the fundamental psychosocial consequences of our immigration system is a life again to surviving and the guilt attached to remain in our country when so many loved ones live in fear or have experienced deportation. Im going to now invite Robert Teranishi to share the findings and some of the policy perspectives ann reminded us policy is fundamental to the ethos out institutions are cosseted, how they work, how they dont work and how they need to be transformed. Thank you. [applause] good morning. Its great to be here and its interesting, when i was walking over here this morning i said i think this is the earliest ive been on campus. Nyu is not a morning campus and neither is the village. So i want to begin by thanking ann for hosting this important event, and i want to acknowledge the steinhardt institution for Higher Education policy. And can still a bit about why im still involved. I think theres a need for deeper discourse and debate about Higher Education policy. You do an important job plays a very Important Role in fostering that type of Public Discourse about the importance of Higher Education policy when it comes to things like college affordability, access and equity in Higher Education. How we will train the next generation of leaders and our workforce in society. So for those reasons i appreciate the opportunity to stay engaged with the institute. I also want to thank our esteemed panel for joining us, to talk about this report. As my fellow mention im going to focus my comments on the policy issues that emerged from the study. Ill begin by picking up on marcelos overview of our sample. I figure points to a few important points about what the demography of undocumented students revealed in terms of the policy concept. First, no college or university should assume that these issues are not relevant to their campus communities. Second, the higher ed Community Needs to look beyond stereotypes and false assumptions that often drive the understanding and treatment of the student population. And then finally this isnt an issue, this issue of undocumented status and access to Higher Education, its not just an issue that needs attention or is relevant to federal policy your we often think about things like federal dream act and comprehensive Immigration Reform as something that is going to solve the problem for the undocumented student population. While its relevant, policy exists in multiple places as ann mentioned. We have to think about the role of institutional policies state policies, and its relationship to federal policy. So with that context in mind we wanted to explore how policies like daca may be relevant to the experiences of undocumented students. Its important to acknowledge that daca does nothing explicitly for College Students. This is more about indirect benefits. Its limitations and where the there is opportunities actually push the boundaries of what daca into to expand access and opportunity in Higher Education. All right so we found a key benefit of daca was that it afforded undocumented College Students with a work permit. So as a result in five recipients were more likely a nonrecipients to have them working. This resulted in greater financial well being. Not only did additional income help to offset the cost of college, Daca Recipients reported that their jobs were more commensurate with their future career aspirations. We were also interested in the impact of daca on access to internships. Because internship providers often have residency restrictions. This has been a barrier for undocumented College Students who are trying to pursue particular career paths. And we found a Daca Recipients were more than twice as likely than nonrecipients to internship experience. Over three quarters of the students with internships reported that their internships ann says i should explain what daca is. So daca is executive action by president obama the First Program was rolled out in 2012. And its deferred action for children childhood arrivals, and it basically temporary status that affords undocumented youth with access to work permits and relief from deportation. So three quarters of students with internships reported that the experiences provide the skills that prepared them for work. This is important because a number of students reported that internships were a prerequisite for careers in the fields of study. We also found that more than half of the students with internships received compensation. This is important for a population that is facing a number of barriers when it comes to college affordability. A large proportion of respondents reported in commuter students 75 . This made transportation and housing particularly salient issues when it comes to their ability to succeed academically. We found that students with daca are more likely to drivers licenses, shorter commute times and they spent more time on campus. We also found daca enabled students to get access to more stable housing. I didnt this is where important for students in terms of not just their ability to focus and concentrate on their studies but also, were talking about issues of safety and a sense of security. The data also revealed a greater sense of optimism for life after college among Daca Recipients. One indicator was a higher proportion of Daca Recipients aspiring to earn an advanced degree. Its important to also acknowledge the negative consequences of the provisional nature of daca. So again daca is temporary relief. It is not a passport or citizenship or residency. So we have a number of open ended questions and carola will go into more depth about this, but students talked about being cautious optimistic about their futures and not being fully able to realize their aspirations. So with all these kind of positive findings i think its important to also talk about the limitations, barriers and challenges that continue to impede access to success in Higher Education for undocumented students. College affordability, for example, is a major barrier. It continues to impact undocumented students. They are dealing with ambiguous policies, a lack of information and inconsistencies in how institutions determine access to tuition and Financial Aid. For example, while some states have established inclusive tuition policies, other states have explicit exclusionary policies, and the kind of because proportion of states is in the realm of unstipulated tuition policy. This issue of in state versus out of state tuition is important. Average out of state tuition is about double the typical instate tuition rate. Regardless of state tuition policies, there are also differences that exist at the level of institutions. So while a state can have im stupid tuition policies or have restricted tuition policies, institutions can have their own policies around access to instate tuition. Another thing that plays out, a lot of this is with regard to Public Institutions. Privates also have their own way of dealing with undocumented students we comes to admissions and access to Financial Aid. Weve heard of a number of instances or private institutions will trade undocumented students as international students, for example. So this presents a number of challenges are undocumented students. They are put in by kerrys positions of determining vicarious who they should talk to get information about access to information, whether or not this information is accurate. You go ask two or three different people in an institution, you might get two or three different answers. And two layer another challenge associate with just access to tuition, instate tuition to raise the issue of access to aid. So aid and tuition are too kind of different issues. So new york is an example where they had instate tuition for undocumented students, but they do not have access to state aid. So theres only five states where undocumented students can get access to state aid. New york is not one of them. It is a point of contention currently because of the recent budget decisions made. Im hoping we can discuss that further throughout the morning. Theres also differences in how access to a place out at different types of institutions. So at twoyear institutions, theres actually less access to aid then add for your institutions. This is probably because more of aid for undocumented students is determined by institutions and is afforded the students by institutions themselves, with a twoyear institutions having less forms of institutional aid available for students. But again layering the kind of Different Levels of policy and how it plays out for undocumented students, the context of all this is that students do not have access to federal aid. In the form of grants or loans. Okay, so i just want to say although the about some of the implications. We just came from washington, d. C. Where we were sharing some of these findings with policymakers. I just kind of want to touch on some of the applications of our findings for policies. I think there are opportunities for us to push the limits of what daca can do specifically in Higher Education. Government agencies can evaluate how daca is relevant to programs that promote employment opportunities, internships and taxes to different forms of a. Higher education associations so these are associations with memberships memberships that could be institutions or people who work in higher ed institutions. These associations themselves should be frontline providers of information and resources for their constituents to better serve undocumented students. We need to resolve some of the challenges associated with ambiguous information, a lack of consistent information, and the need for more advocacy in the field. Third, philanthropy should part with scholarship providers and the higher and community to create more funding opportunity. Costs and aid is a major barrier for any College Student but especially for undigested that dont have access to a lot of forms of Financial Aid. We would like to see operations review their recruitment and hiring practices and good access to internship, fellowships and a career opportunity. That is potentially a space to develop private Public Partnerships where the government can work with the private sector to help create a better academic to career pipeline. This is critical for fields like s. T. E. M. We have a shortage of talent, special among students of color women and lowincome students. This report just kind of scratches the surface of some of the policy issues that exist for undocumented students, and how people in different spaces need to come together to start to tackle some of these challenges. Out you an example. While a student cam now attend a Public Institution they might get access to student a. They can get an internship. They have a work permit. That doesnt mean you can get a license to practice in certain fields. Great, i am now going to train to be a teacher. But we are seeing a certification is a barrier in a lot of different fields. So theres some issues that are emerging and we need to kind of Work Together to try to capture these. Thank you. [applause] good morning everyone. Ann, i want to thank you so much are organizing this wonderful event and i want to thank my esteemed panelists for joining us as well. I cant say how delighted i am to see some of my former colleagues who came out this morning. And i also am honored that some of you came to have this conversation this morning. It shows i think how important this is to so many of us. Its encouraging that so many of us are taking this seriously. So today im going to turn to the psychosocial issues. Ours was an interdisciplinary study. And let me see here. This question and because our panelists cant see whats up on the screen, im going to be reading things that i might not have said because i would have assumed that you can all see. There will be an echo of it. Apology for that but i think it would be unfair because its hard to come and i think you cant see. This equation up on the screen this is what are some of the Biggest Challenges you faced as an undocumented College Student. This question was both a qualitative question one of the three qualitative questions that was embedded in our study but is also a kind of driving, you know overarching question that was at the bottom of a lot of our quantitative questions. So what are some of the Biggest Challenges you faced as an undocumented College Student . What im going to do now is very quickly reinforced some of the points that have been offered me but then kind of show you what the students were saying and then try to talk about the practice at the higher in level. So as has been implied earlier financial concerns was a key issue. So we learned that the vast majority of our participants were either extremely concerned or concerned about paying for tuition and fees even paying for basic books and supplies was a concern for most with 29 being extremely concerned about books and supplies. When they couldve gone to a higher rated four year college. Still another issue because of Financial Aid was feeling left out of campus life. As one does lack Financial Aid which resulted not been being able to live on cam is. Not being able to participate in politics or in extending abroad come in turning coming to an academic jobs and travel a certain organization. They are not able to participate in the things that so many students who dont face the issues take for granted. They also spoke about issues of finding allies on campus. One of the Biggest Challenges is knowing who i can turn to for help to understand and document status as a College Student. Not having safe spaces where i can express feelings about being undocumented. Finding people i can connect with and people i can trust. There is this recurring theme of being misunderstood or disconnect good was really a prevailing issue. Two thirds report discrimination because of daily kos database. I matter key issue was fears of deportation. This occurred at the personal level. For example going back to what robert was saying, for folks that daca, they said i dont have to worry about being detained or deported. This kind of was alleviated. They began to seek the reported having ongoing concerns for their loved ones. So they say things like im afraid for my parents who does not have daca. The fear deportation never goes away until you know your whole family is protected. We heard over and over issues like that. Im afraid of my parents being deported on any random day. We see that the numbers. Im sorry you cant see this but the vast majority of respondents indicated not going concerns both for themselves and family members. The worries about detentions and deportations went down somewhat for those who had daca, but they went up for loved ones. So the folks at the folks that daca were more worried about their family members and the ones who dont have daca. It seems like once folks had daca as they crossed over to safety or at least temporary safety they started worrying even more for their loved ones. So one of the things and given all the stresses folks talk about and also because this qualitative work with either it be important to administer a measure of anxiety as part of our survey. So we administered the generalized anxiety disorder which has been items wired lan diverse samples so people ask us to respond to seven items over the last two weeks how often have you been bothered by the following problems like not being able to stop worrying or controlling worrying. Here is what we found. We basically found very, very elevated levels of anxiety for participants. For all the reasons weve been discussing. Female anxiety rights the lower bar is what the sample is and the elevated our is what our sample was. What we found is that female samples had bubbles three times higher than the normal group. 9 versus 37 . For the males that list seven times higher. Males typically have 4 . So that is quite striking. To try to finish on some more positive note we asked there is a clear longing to belong. Im sorry. Im going to actually they talked about not having i am going to skip this. We asked them about if they had a chance to participate in the nation status. They had a right to become a citizen that they would choose to do so. We found the vast majority would in fact, 90 would choose to become citizens. There is a narrative probably not too many in this room but in some places in the nation that immigrants dont want to belong with a clear sign that in fact theres a clear longing to belong. We also asked them about their civic engagement, civic or chase it. 88 indicated they were in social causes they care about the ran the gamut from others in the community and civic protests. In the last decade dreamers have been on the forefront of the line for change because they have exposed themselves on campuses across the nation and brought awareness to the issue of this very important topic. At the same time there same time theres huge uncertainty about this issue in the future. Our participants talked about it is difficult to know im being hauled back by something so outside my control. It is not just wrestled the depressing for any human being or motivated to stay in commentary marplan may future. Another sort of sums it up. What happens when daca and. Ends. Their concerns are very apropos. Despite president ial announcements in december they have continued reasons for concern and uncertainty. Parents and family members remain vulnerable to deportation as they are not protected. Further the new Congress Threatens continually to undermine the immigration accounted. Such a National Policy content remains extremely under. We have a question at the end of the survey or we asked an openended question you said what recommendations would you make for administrators on campus to improve your experience on campus. The participants poured their hearts out gave concrete and tangible recommendations. It could be a whole topic in and of itself. Alitalia recommendations fell into several pocket which i will summarize because i want to turn it over to my colleagues. One of the recommendations was around asking members of the Campus Community to stop to listen and learn about them. They are a key constituent yet many campuses all over the country and many of the key they are learned all over her. There is a say in the Lgbt Community in the 70s we are everywhere. I think the saying stands for the community as well. They also asked that we trained faculty and staff to understand need. As robert was saying, everything is changing all the time. What is true today is not true tomorrow and not is what we need to be doing is constantly be aware and find out what is new. You cant be complacent about what you think you know. Certainly the basic psychosocial issues that isnt going to change a lot from one minute to the next. But the policy issues are changing constantly. So providing uptodate information and Financial Support is absolutely essential. Providing saves those. This was a recurrent and by the way not expend this thing they can be done on every campus. Finding ways to provide safe spaces for student. Lastly the Health Issues providing culturally relevant Counseling Services is essential. In summary organizations like united we dream come at the new York Coalition and many others have been on the frontline channeling the the voices of unauthorized student over the last few decades for similar messages to the fine and we put it im sorry. You know that we put together in this report. I hope the data provides an circle evidence to serve the community with tacit recommendations. Thank you very much. [applause] great comic thank you. Good morning. I would like to think and why you and my fellow panelists for inviting me to be here today. Fortunately i have no other names associated with my position. I position. I am simply steve choi come executive director of the new york immigration coalition. We have 165 agencies across the state that have a stake on immigration in the league strongly and a lot of benefits immigrants burning. The discussion today is very poignant for me because we are coming off the heels of an effort, a campaign over the past couple weeks to get the new york frame act in the budget and i went down to a crushing failure by not getting the budget. The game is not yet done. Theres still several that i will talk a little bit about the effort to get the new york state dream act passed in just a little bit. Its also thoughtprovoking not only from our position as an Advocacy Group fighting for the dream act but also as the coordinator of the major 18 Million City Council initiatives over the past couple years working with the city council. Thats been an effort to find the hardest to reach Daca Recipients. Not the cap income folks who know how to get to college and know what their rights are, but the folks who are not necessarily you think of. They are also potentially eligible for daca initiate inc. About them as well because they are part of the mix. I want to emphasize that as well. The first thing i would say if it is interesting and i take some time last night to read through the studies. It is interesting because my experience with undocumented youth is not as the subject is david but as the agents of their own destiny. The thing i want to point out his undocumented point out his undocumented immigrant youth have thrust themselves onto the forefront of the immigration advocacy move the past couple years. You see that nationally. United we traded put some edge to immigration advocacy and a lot of established organizations and weve did before. Theyve made a tremendous change. Theyve been a game changer in the way immigration advocacy in our neverending fight for Immigration Reform completely changed rules of the game. When you look at and think the president announced in a daca in 2012 was in many ways the direct result of the act because the undocumented immigrant youth. They went and took over president obamas campaign. Who did not hesitate to target democrats and republicans. It is a remarkable staff that we would do well to keep in mind. Even on the state level and local level as well, organizations like the new york state legal counsel. The q a dreamers who just concluded a multiday Hunger Strike for the new york city dream act. They are in many ways the vanguards about agassi ran immigration that would do us well. I will keep my remarks short. I want to share a couple thoughts looking at the study of the results found. One then i think i want to add contacts. In our experience, daca has provided a new lease on life and i respectfully differ from colleagues here. The impact of daca is not the folks are less concerned about their own deportation, the fact is for kids in the other able to get daca and means more than simply being able to get a Social Security number or being protected from deportation. Means you can conceive of a feature in the United States. One of the student i worked with closely ive known him for about four years. A korean undocumented immigrant student lesson honors didnt. Before daca happened i would be with him regularly. I would say peter what do you think about doing. I know youre a junior right now going into your senior year. What are you going to do . He said i dont know. Without any legal status, your options postcollege are limited. There are some opportunities to have a consultancy based in or be an independent contractor or start a coop but those are limited. The factory may provide you with an opportunity after college that makes a difference because that allows kids like peter to imagine a future in the United States beyond college. Peter was able to apply for daca and he was able to get it. Hes a budding filmmaker, just got married and he sees his future in the United States going back to korea and really trying to adjust to the country he left 18 years ago. That in many ways seems to be his only option other than the underground economy. I would say the impact weve seen us that provides the postcollege goal with a vision and the ability to think about a feature in the United States and not in our mind is one of the key things. It is also true of it like it efforts with initiatives. We work with 30 organizations that find people who may not know they are eligible, they are in that age range. So they may be day laborers restaurant workers. Weve been trying to get them to say you have an opportunity to go back to Higher Education, get a degree, provide for your family and get daca status. One of the things they found is the barrier between being a worker in a low income lowwage worker in a College Student is a fluid one. The folks that have been able to go through that ive learned about daca has been an amazing change in their lives as well. In terms of tangible benefits but also the intangible benefit the importance cannot be understated. The second point i want to make. Financially it continues to be a major stressor for these individuals. A lot of talk about the rising cost of college and how that does affect everybody. For undocumented immigrant students the rising cost of college is not a bump in the road. It is a huge barrier for those kids who are going to sub for costs and fees are 60,000. Nothing makes you feel old by caring about the cost of college. 70,000 per year is an insurmountable financial barrier. I think it is especially for students who are art by taking advantage of poker and taken danish of the state Tuition Assistance program, Financial Aid and Financial Assistance and the impossibility of accessing this is a major barrier and one that affects us all. If we are not doing what we can come the study showed the great majority are not going to higher a great majority of them. We are not doing our state and our country. We are doing a disservice and that is something we as a society have to look at ours doesnt think what are we doing good the stories were particularly poignant. It would allow access to the state Tuition Assistance program. It would allow acts of for the approximately 4000 undocumented immigrant youth that graduate from high school if every single year. When you hear the stories of the dreamers on a Hunger Strike they felt it was important in the middle of midterms to engage in the Hunger Strike if the issue is that important and may face on a in and day out they assess just how important tuition access is how important each single dollar is. If we dont do something about Financial Aid if we are not thinking about how to break down the barriers we need to examine what we are doing the society. The last point i was public support and endorsement does make a difference. Nyu last fall i know they made a public amount than stating there would be Financial Aid available and it was the effort said the nyu dream team and other advocates to make it happen. I want to encourage them for that. The fact is college is an express their support for the undocumented. The ones that do when you see this with the sub for dreamers. Cuny and especially the leadership, senior vice chancellor jay hirsch and then have come out front and center and said the new york state dream act as mother taught advocacy priorities. They need to do everything they can to support undocumented immigrants didnt even give them the legal barriers. That has made a major act in the mindset of the students. They feel welcome. They feel less isolated and these intangible benefit are important for us to remember that these make a difference. Public support and making sure the leadership of Higher Education is coming clearly and strongly in support of undocumented immigrants to this something we should push for. As an Advocacy Organization i want to say the fight at the new york dream act is not over. Therell be some question about that from the panelists. The fact of the matter is the governor put it in his budget and then he took it out. I dont think im saying many names im told. We did not have enough support in the assembly by the senate obviously. All of our elected leaders flooded down. I would say we still have a couple of months to get a pass. It is going to be a tough road. Instead of everybody whos engaged around the issue Advocacy Organizations. Other social justice progress social justice progressive organizations and stakeholders business Higher Education needs to Work Together to make the new york state dream act of reality. I would ask all of you to think about what you can do to support the new york state dream act. By their history in the Hunger Strike and solidarity with brave and courageous students making contact with local state senator for signing a petition to the governor making sure he then sent to his words. This is a Campaign Promise and we told him we think it is broken. What can you do as an ordinary resident. There are plenty things you can do and i encourage you to be engaged. We have a couple months to get it done. If we dont get it done it will not be done in 2015 and every single year this has been more than 4000 students graduate every year and it breaks my heart they are not able to access it. Thank you. [applause] hi everyone. I am very happy to see everyone be here and be part of this panel. As an undocumented Student Activist is about the immigrant Rights Movement for quite some time i am here to talk about my experience impacted person. The report has found a need for a closer examination of the guidelines for federal and state Financial Aid for an documented students and citizens and local resident and undocumented parents of those quoted in the report. As steve from it and why i see mentioned the band for the jury. 50 back and undocumented student from High School Graduate and only 10 of the students continue for Higher Education. The nyc has been working since 2011. Up until now we have garnered enough support from organizations in different groups and have now been turned into what is called a new york dream act coalition. Since 2011 wouldve been mobilizing, organizing and putting our lives on the front line. We have done various factions which include protest, civil disobedience is walk to albany, where undocumented used walked 150 miles. The three times that is passed through the legislature and three times it has failed. It is really disappointing to see in the state of new york that message is clear to ice the new york state does not support undocumented students. As steve mentioned this recently taken out of the budget and there is a lot of backdoor deals happening with history and find going around and i just want to stay that is not what we want. We dont want a fund that has no secure funding to it. This is a little bit like the policies we talk about but should be implemented and instead of new york thats one of the policies we try to campaign for in the state of new york. Something that wasnt mentioned, one of the first dream teams ever created and the state of new york which was created in 2010 with undocumented student and. He concluded that Resource Group to support to give each other support resources and information. And just a little bit about the or something that wasnt. A lot of people face two ways. For one you either go up living in this country, you think life is good but all of a sudden you find out you are an documented and face the harsh reality. Effective way in my situation by parents revealed that for me. It taught me stay low. Dont talk to anybody. We could get deported at any moment. I never believed what that meant in my life. Its such a young age of six of i grew up in the country at such a gargantuan atomic information i didnt know how that would affect my life. A way for bringing that up is the trinity test can help on providing deportation providing working permit, Social Security