The following laws and policy may influence student’s status and postsecondary plans, and are therefore important to understand. Please keep in mind that these statutes and policies may change. Therefore, it is recommended that users of this document also consult other sources of information if there is a specific question or concern.
Multilingual Learner Enrollment Memo
Plyler v. Doe & Inquiries into Legal Status
As established in Plyler v. Doe, the undocumented or non-citizen status of a student (or his/her parent/guardian) is irrelevant to that student’s entitlement to elementary and secondary public education.
Legally, K–12 school personnel may not inquire about the immigration status of students or their parents/guardians. However, if a student feels comfortable sharing about their specific legal status, school staff, faculty and counselors are better able to provide them with information on different options relative to their situation. Obviously, an open relationship with school personnel is an important part of assisting students in finding appropriate resources related to postsecondary planning.
SC Illegal Immigration Reform Act of 2008
According to the SC Illegal Immigration Reform Act of 2008, undocumented students are prohibited from enrolling in public postsecondary educational institutions (SC is one of only two states, the other one being Alabama that have such a prohibition). Even though this is the current law in South Carolina, no federal law exists that forbids postsecondary educational institutions from accepting undocumented students. This means that private postsecondary educational institutions can make their own decision regarding this issue.
However, with the advent of DACA, DACAmented students are now legally eligible to enroll in public postsecondary educational institutions. For additional information please refer to the section “DACAmented Students - Potential Postsecondary Pathways (College, Military, Career)."
Federal Policy - DACA (Deferred Action for Childhood Arrivals)
Many students are eligible to apply for DACA. This program provides temporary approval to stay in the United States without fear of deportation as well as the opportunity to attend college and lawfully pursue employment. It is important to understand that DACA does not provide a path to citizenship or access to any South Carolina state or federal financial aid.
As defined by USCIS (United States Citizenship and Immigration Services), the following are minimum eligibility requirements for DACA applicants (See USCIS Website for additional information):
Was under the age of 31 as of June 15, 2012
Came to the United States before reaching your 16th birthday
Has continuously resided in the United States since June 15, 2007, up to the present time
Was physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS
Had no lawful status on June 15, 2012
Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Has never been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety
School counselors may be required to provide documentation in support of a DACA application. This could include copies of report cards, transcripts as well as PowerSchool Transfer Info and Student Summary Report pages, etc.