To: U.S. Department of Education, Members of the Program Integrity and Institutional 

Quality Committee, 2024 Negotiated Rulemaking, 

From: Magin Misael Sanchez, UnidosUS, Negotiator for Civil Rights Organizations and 

Consumer Advocates (Alternate),

Jessica Morales, Negotiator for Students and Borrowers (Primary)

Date: January 21, 2024

Re: Support for the Department’s Proposed Changes to the TRIO Programs

To the U.S. Department of Education

We write to express our wholehearted support for the Department’s proposed position on the 

expansion of eligibility for Federal TRIO programs, regardless of citizenship status, through its 

proposed changes to 34 CFR 643.3, 644.3, and 645.3. 

The proposed changes are intended and designed to serve and assist students from 

disadvantaged backgrounds. We applaud the Department’s efforts to open eligibility to 

undocumented students to the same college preparation and support services available to their 

peers. 

There is no statutory restriction that requires TRIO providers to offer services only to students 

who are citizens; the Higher Education Act makes no mention of such a prohibition for TRIO. 

However, the Department’s current regulations for TRIO are misaligned with the statute, 

and include a longstanding but non-statutorily supported restriction that students 

served by TRIO be a citizen or national of the U.S., a permanent resident of the U.S., a 

permanent resident of Guam, the Northern Mariana Islands, or Palau, or a resident of the Freely 

Associated States. 

As a result, TRIO providers cannot simply serve the students in the schools and centers they 

work with; instead, they must first screen students for this extremely personal information, 

requiring students to demonstrate their citizenship, before they can receive college-going 

guidance and other academic supports. This provision of the regulations places a needless 

burden on both students and providers. 

Undocumented students are just as deserving of every opportunity to pursue higher education 

as their peers. Despite tremendous barriers to their education, they have persevered and 

proven to be incredibly hard-working, committed, and active contributors within the classrooms 

they attend. Many were brought to the U.S. as children and have grown up as Americans. This 

is their home. To continue to shut out a population of students because they lack a piece 

of paper is unconscionable. But you can help. 

The Department’s proposed changes to support these students by offering them 

services like tutoring, mentoring, financial literacy instruction, and guidance on collegegoing activities is commendable. These changes can make the difference for thousands of 
students to chart a new path toward higher education attainment. Over 400,000 undocumented 

students across the country are already enrolled in higher education, and more than half of 

states provide access to in-state tuition or financial aid and scholarships for undocumented 

and/or DACA students. With support from TRIO providers working in our high schools, students 

who would otherwise be eligible but for their immigration status, could access higher education, 

earn degrees, and contribute to our nation and our economy. We cannot continue to overlook 

these students; as such, we respectfully ask our fellow negotiators to join us in supporting these 

proposed changes.