SMµ÷½ÌËù

On July 16, 2021, Judge Andrew Hanen, a federal district court judge in Texas, ruled that the DACA program was unlawful. Judge Hanen ordered the Dept. of Homeland Security (DHS) to stop processing new DACA applications until the litigation is resolved. Students should be aware that:

1.     Current DACA recipients are not affected and DHS will still accept and process renewal applications. If you need help with DACA renewal assistance, please email Prof. Violeta Chapin and her law students in the Immigration Clinic at Colorado Law School.

2.     The ruling does affect new DACA applicants who may be eligible for the program. Because there is a conflicting ruling out of another circuit, this ruling does not stop USCIS from accepting new DACA applications at this time, but it does stop them from processing, or granting, new DACA status on any applicants. What is not clear at the moment is whether USCIS can process new DACA applications that were submitted before this ruling; it remains to be seen what will be decided.

3.     USCIS has issued new guidance to state that all biometric, or fingerprint, appointments that had been scheduled for new DACA applicants are cancelled, and those applicants should not appear for their scheduled appointments. 

4.     The ruling does not command the DHS to take any enforcement action against any DACA recipient, and it does not strip anyone of their current DACA status in any way. This is an evolving case and we expect more litigation to follow through the appeals process. 

• If your scholarships are provided by private or non-profit institutions, the state of Colorado, or directly by SMµ÷½ÌËù Boulder, you will not lose access to those financial resources
• For scholarship availability, please check www.TheDream.US • If you meet the specific criteria and qualify for in-state tuition classification under ASSET, you are still eligible for ASSET support at SMµ÷½ÌËù Boulder. For more information, please visit the Colorado Department of Higher Education website.

No, you do not need to enter a Social Security Number (SSN) on your admissions application. For additional information see and

Please email the Center for Inclusion and Social Change or Stephanie Roberts. 

If you are interested in gaining residency through ASSET, contact the  directly. You may visit the  webpage for more information (view the ASSET/Three-Year Colorado High School drop down tab under the section Colorado High School Exceptions).

Students attending SMµ÷½ÌËù Boulder under DACA or ASSET do not qualify for federal or state financial aid. These students are eligible for the  and may be eligible for institutional and foundational funds. We encourage students attending SMµ÷½ÌËù Boulder under DACA or ASSET to 

Deferred Action for Childhood Arrival (DACA) is not tied to ASSET, however DACA and non-DACA students may receive in-state tuition and COF as long as ASSET residency requirements are met. Eligibility for ASSET in-state residency begins with three years of Colorado high school attendance and completion of a Colorado GED or High School graduation. See additional

Student employees who are working on campus are encouraged to review the for information about employment authorization documents and employment eligibility.

The federal Deferred Action for Childhood Arrivals (DACA) program has been in place since 2012, but even before then there were students studying at SMµ÷½ÌËù Boulder without documentation, including those who later became DACA-eligible. Since then, SMµ÷½ÌËù has welcomed students who are eligible for DACA and Colorado’s Advancing Students for a Stronger Economy Tomorrow (ASSET) program and are seeking to continue their education after graduating from Colorado high schools in good academic standing. Many of the students who benefit from these programs are high-achievers whose families hail from a variety of countries. They are successfully pursuing degrees in education, law, journalism, and the STEM (science, technology, engineering and math) fields despite many personal challenges. As with all of the outstanding students accepted to SMµ÷½ÌËù Boulder, these Buffs participate in and support the university’s essential shared values of academic and research excellence and go on to represent the university in the workforce and in their communities in many positive ways after graduation.

Together, the federal Deferred Action for Childhood Arrivals (DACA) and Colorado’s Advancing Students for a Stronger Economy Tomorrow (ASSET) programs allow young people brought into the country as children to continue their studies through high school and into college. SMµ÷½ÌËù Boulder remains committed to providing all qualified students opportunities to pursue their dreams of graduating with a university degree, and that includes students who are eligible for DACA and ASSET.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student records and applies to all educational institutions receiving funding from the U.S. Department of Education. SMµ÷½ÌËù Boulder remains committed to upholding this federal law and will not release private student records without the express permission of students or a subpoena or warrant from a law-enforcement agency. On the SMµ÷½ÌËù Boulder campus, all subpoenas and warrants should be routed through the and .

In April of 2017, the SMµ÷½ÌËù Board of Regents established a private fund to aid undocumented students who are pursuing degrees on all four SMµ÷½ÌËù campuses. The Office of Financial Aid administers the fund, and DACA, ASSET and other qualified undocumented students may apply for relief funding through the standard financial aid process. Anyone interested in contributing to the fund can visit the to make a donation.

While the university appreciates your willingness to support DACA students and employees, please be mindful that it is important to respect their right to privacy. Some may be comfortable discussing their situation. Others may not. If a classmate or co-worker is receptive, here are a few ways you can show your support:

• Share information and resources that you learn about on campus and in the community that may be available to DACA eligible members of the SMµ÷½ÌËù Boulder community, including resources through the Center for Inclusion and Social Change
• Partner with student organizations on campus that are strategizing on ways of supporting DACA college students through the legislative process.
•  and share any updates you learn of with classmates and friends who are affected by immigration conversations
• Contact the Office of Diversity, Equity and Community Engagement (ODECE) for more information on how you can be supportive.

Individuals who have DACA must receive approval for Advanced Parole prior to travel abroad. More information can be found on the . 

While Advanced Parole is intended to provide permission for international travel and re-entry to the US for individuals with DACA, please still discuss your plans with legal support to be sure you understand the process, timeline and any risks involved.  Find out about legal support services through the Colorado Law School or email Prof. Violeta Chapin and her law students in the Immigration Law Defense Clinic at the Colorado Law School.

Currently if an individual does not have DACA, that individual may not be able to travel outside the U.S. without risking a bar from re-entry.

• One outcome is that will deny all pending applications and end DACA protections for all DACA recipients, including work authorizations
• Another scenario is that the administration will deny all pending applications and DACA protections, but allow existing work authorizations to expire over time, as reflected on each recipient’s employment authorization document/card (EAD)
• Finally, USCIS might process all pending DACA applications on the date of the decision and will allow all existing DACA protections and work authorizations to expire over time

 is a Colorado law adopted on April 29, 2013, allowing eligible undocumented students to pay in-state tuition and receive the Colorado Opportunity Fund (COF) stipend at Colorado public colleges and universities.

 is a 2012 executive order from President Obama that grants deferred deportation action (renewable every two years), a Social Security Number (SSN) and employment authorization.

Students who qualify for ASSET do not automatically qualify for DACA and vice versa. A student may qualify for ASSET or DACA only, qualify for both, or qualify for neither. These policies do not automatically grant federal financial aid or a path to U.S. citizenship.

On average, undocumented students in the United States arrived at the age of 6, which means they grew up in the United States and attended U.S. schools. Many undocumented students are from "mixed-status families," which means that some family members are U.S. citizens and others are undocumented. Most undocumented students, including those with ASSET and/or DACA status, have demonstrated extraordinary resilience, and have overcome difficult odds to succeed in U.S. society. Approximately two-thirds immigrated to the United States from Mexico or another Latin American country. Others are immigrants from various countries in Asia, the Middle East, Africa and Europe.

Web Resources

•  is a nonprofit organization working to further our collective understanding about immigrants, identity and citizenship.

Books

• Lives in Limbo: Undocumented and Coming of Age in America, Roberto G. Gonzales (2015)
• Americans By Heart: Undocumented Latino Students and the Promise of Higher Education, William Pérez (2012)

Student employees, faculty and staff who are working on campus and are on DACA status are encouraged to review the for more information about employment authorization documents (EAD) and employment eligibility.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student records and applies to all educational institutions receiving funding from the U.S. Department of Education. SMµ÷½ÌËù Boulder remains committed to upholding this federal law and will not release private student records without the express permission of students or a subpoena or warrant from a law-enforcement agency. On the SMµ÷½ÌËù Boulder campus, all subpoenas and warrants should be routed through the and .

Please contact the Department of Human Resources at 303-492-6475.

For support, the is dedicated to serving the emotional and psychological needs of the campus community. All FSAP staff are trained as generalist counselors and are equipped to deal with a wide range of personal and work-related issues. Contact FSAP at 303-492-3020.

While the university appreciates your willingness to support DACA students and employees, please be mindful that it is important to respect their right to privacy. Some may be comfortable discussing their situation. Others may not. If a classmate or co-worker is receptive, here are a few ways you can show your support:

• Share information and resources that you learn about on campus and in the community that may be available to DACA-eligible members of the SMµ÷½ÌËù Boulder community.
• Partner with student organizations on campus that are strategizing on ways of supporting DACA college students through the legislative process.
• and share any updates you learn of with classmates and friends who have been affected by the decision to rescind DACA.
• Contact the (ODECE) for more information on how you can be supportive.

These sessions are sponsored by the SMµ÷½ÌËù Boulder Center for Inclusion and Social Change. They provide the university community with a framework for understanding the issues and challenges faced by students and staff who do not possess permanent immigration documents or a clear path to U.S. citizenship, and offer practical advice for those who wish to support the campus's DACA/ASSET community. Learn more.

Rocky Mountain Immigrant Advocacy Network is specializing in legal and other support for individuals held in detention due to immigration-related issues: or call 303-433-2812 (Hotline for detainees: 303-866-9308)

• On October 1, 2020 non-REAL ID forms of identification will no longer be accepted at federal buildings and for domestic flights.
• Passing through airport security requires a REAL ID compliant identification or other government-issued IDs, such as a foreign passport
• For more information regarding REAL ID, please see National Immigration Law Center’s,

Visit the for guidance on this matter.

Colorado state senators and U.S. congressional representative information is available at (Boulder resides in the 2nd Congressional District).

State (Boulder is district 10) and (Boulder is district 18) information is available on the Colorado General Assembly site.

Email Stephanie Roberts in the Center for Inclusion and Social Change or call 303-492-0272. She would be happy to help answer questions and/or help find more information and contacts.