Mixed Status Families & Undocumented Student Data Privacy

Note: This page will be updated to reflect the 2026-2027 financial aid year, once resources and information become available.

Visit CSAC's Mixed Status Family resource and information site at: https://www.csac.ca.gov/cadaa-msf. Learn more about the options for mixed-status families, and access resources and information about FAFSA and CADAA.

Undocumented Student Data Privacy

The California Student Aid Commission and California public institutions of higher education have a duty to protect student data, regardless of immigration status.

CADAA for Mixed Status Families (MSF)

With the December 1, 2024 release of the CADAA, CSAC will maintain CADAA access for federal aid eligible students (FAFSA filers) with non-SSN contributors, while continuing to support them in seeking the full level of financial aid for which they can only be considered through the completion of a FAFSA. Reasons MSF filers may file a CADAA include (but are not limited to):

Non-SSN contributor account creation challenges.
Application challenges.
Data privacy concerns.

The California Department of Education (CDE) and CSAC want to assure undocumented students and their families that it is safe to apply for the CADAA.

Information provided through the CADAA is used solely to determine eligibility for state financial aid.
Information provided through the CADAA is not shared with the federal government, and it is not used for immigration enforcement.
Students do not need to have Deferred Action for Childhood Arrivals (DACA) status to attend college or receive state financial aid. This chart on the Immigrants Rising website helps explain the differences.

We will work to the fullest extend of the law to protect all students who share their information through the CADAA.

Laws that Protect Undocumented Student Data Privacy

The Family and Educational Rights and Privacy Act (FERPA), with narrow exception, strictly prohibits agencies who possess student Personally Identifiable Information (PII) from releasing student data.
California has clear Sanctuary law. The California Values Act (2017), mandated that the California Attorney General publish Model Policies to assist California colleges and universities, K-12 schools, and other entities in responding to immigration issues. The guidance centers on “limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools . . . and ensuring that they remain safe and accessible to all California residents, regardless of immigration status.” The Model Policies also provide guidance on how to gather and handle student information and how to respond to law enforcement requests to access student records for immigration enforcement purposes.
It was required that public schools implement the Model Policies, or equivalent policies, and encouraged that UC and all other organizations and entities that provide postsecondary education to adopt the model policies.

The Judicial Subpoena

In light of laws strictly prohibiting information sharing to immigration agencies, the only scenario in which a request for student data demands a response is under a judicial order or subpoena. However, an agency or institution can, and likely should, legally challenge such a request on grounds including improper purpose, insufficient specificity, or Fourth Amendment violation, among others.

Conclusion

There is no federal or state legal requirement to provide information to officers engaged in immigration enforcement, DHS, ICE, or any other agency within DHS, without a judicial subpoena or court order, and doing so would violate state and federal data privacy law. CSAC fully complies with data privacy law and policy, and promises to protect all student data, regardless of immigration status.

Undocumented Student Resources

Students can access free immigration legal assistance at each public segment of higher education:

Students can also locate their campus undocumented student programs, a.k.a. Dream Resource Centers, by using the Campaign for College Opportunity’s interactive map. The CSAC Undocumented Students landing page also provided several resources for students, including but not limited to CADAA Resources and Undocumented Student Information Safety.

2025-26 FAFSA vs CADAA Aid Comparison / You Have Choices

2025-26 FAFSA vs CADAA Aid Comparison.pdf

25/26 FAFSA v. CADAA Aid Comparison (Download - English | Spanish)

You Have Choices - Mixed Status Families Informational Resource.pdf

You Have Choices - Applying for FA in the 25-36 Academic Year as a Mixed-Status Family in California: Making Informed Decisions (Download)

When Advising Students About Which Application To Complete

Some families with mixed status may hesitate to fill out the FAFSA, for fear of policies from the incoming administration.
CSAC has opened the CADAA to all students, including FAFSA-eligible students.
This is an option, however, filling out the CADAA over the FAFSA keeps FAFSA-eligible students from accessing Federal grants if eligible.
When helping students with their applications, DO NOT advise them on which application to complete.
The decision of what application to file has to be a decision made by the student and their family.
Provide as much information as possible to the student and their family, so that they can make informed decisions based on their specific family situation.
Encourage ALL students to schedule an appointment with their counselor before submitting their application, especially if they are unsure which application to file.
Try to avoid any confusion or concern, especially since we are uncertain about potential changes in policies regarding student and parent information under the new administration.

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