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October 20, 2015

Dear Chief State School Officers:

As a nation of immigrants, America has benefited from the  vitality and enthusiasm brought to its shores by those seeking a better life – and education is a key pathway to success for many new Americans.  As the new school year has proceeded, many educators,  counselors, and school leaders have expressed interest in learning about how to better support all children – regardless of actual or perceived immigration status.

Under the United States Supreme Court decision in *Plyler v. Doe*, States and school  districts are obligated under Federal law to provide all children, including  undocumented students, with equal access to basic public education. I'm writing today to provide important information for all educators and personnel, and to encourage you to explore the  resources enclosed in this Resource Guide, which may help you to better serve and support undocumented youth, including those who meet the guidelines under the  Deferred  Action for Childhood Arrivals (DACA) process or who are already DACA  recipients. Due to feedback from the  field, this Guide specifically addresses undocumented youth in secondary and postsecondary  settings. However, high-quality early learning and elementary education is  critical to college and career success for all children. Therefore, the Department will in coming  months release a separate Resource Guide on early learning and elementary  education that includes promising practices for serving undocumented children  and children of undocumented parents.

In 2012,  the Department of Homeland Security (DHS)  began offering the  opportunity for undocumented youth who have reached the age of 15**[ 1 ]**and meet certain guidelines to request consideration for deferred action, which constitutes a case-by-case determination by DHS not to pursue  an individual’s removal from the United States for a temporary period as a matter of  prosecutorial discretion. DACA recipients may lawfully live and  go to school in the United States and  may  be eligible to obtain work  authorization while their  deferred action remains in effect. Over 680,000 young people  from countries all over the world have received DACA  to date. Many educators and counselors shared information  about DACA with secondary school students and families when the program began. Our school systems were instrumental  in responding to requests from current and former students for their school  enrollment information and  other documentation to help secondary school students  demonstrate that they fulfilled the educational guidelines  or to show that the student had been  continuously residing in the United States since June 15, 2007.

Since  2014, youth who requested DACA beginning  in 2012 have been able to request consideration for DACA renewal.  Some researchers  estimate that more than 1.5 million children and youth currently meet the  threshold DACA guidelines or will do so in the future.**[ 2 ]**Many additional children who could request DACA  have not yet done so, including those who were too young in 2012  but who have now reached the age of 15 and may submit a request.

Educators, counselors, and principals often serve as  informal and trusted advisors  to students and families, and thus are uniquely positioned  to share critical information  and resources for undocumented youth, including  those requesting or renewing DACA. Additionally, educators in some schools may be  DACA recipients themselves. Considering  their unique needs and leveraging their shared experiences may be particularly  impactful in serving undocumented secondary school students in your schools. General information about DACA can be found on the DHS DACA Web site: www.uscis.gov/daca. The guidelines for young people  who  are submitting an  initial or renewal request  are available here (and in multiple languages here).  I also encourage you to share information with school and community  leaders using the DHS *DA**CA  Toolkit: Resources for Community Partners*, designed  to help students, families,  and community advocates understand and navigate the DACA  process. There is also important information  about avoiding immigration scams  and unauthorized practitioners of immigration  law available on the DHS Web site at uscis.gov/avoidscams.

Research shows that undocumented youth often face unique challenges. In addition to sharing  crucial information about DACA, educators may also review the attached guide that  highlights key resources and promising practices to better support these  students. The additional enclosures provide information that may be particularly helpful to DACA recipients preparing to apply to or enroll in higher education. Please feel free to share widely, including with all who work with undocumented students and may find this information  useful. I would also like to highlight the ¡Gradúate! Financial Aid Guide  to Success, created by the White House Initiative on Educational Excellence for Hispanics, which contains helpful information for secondary school students and families navigating the college application process, including those who are undocumented  (including DACA recipients).

As you continue to support and serve all  students in your schools, you can also access educational resources on the U.S. Department of Education's Web site that may be of interest to DACA recipients, other undocumented youth, and to all educators, counselors, and school leaders who serve these students.

As always,  thank you for all you  do every day on behalf of our Nation's children.

Sincerely,/s/Arne Duncan Enclosure: "Resource Guide: Supporting Undocumented Youth"
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**[ 1. ]**Anyone requesting DACA must be at least 15 years old to request DACA, unless he or she is currently in removal proceedings or has a final  removal or voluntary departure order. [ Return to text ]


**[ 2. ]** http://www.migrationpolicy.org/programs/data-hub/deferred-action-childhood-arrivals-daca-profiles [ Return to text ]