Title IV Eligibility Unaffected by Deportation Reprieve for Eligible Undocumented Students
The Obama administration’s deferred action process, which provides temporary deportation relief and work authorization to eligible undocumented students, does not affect a student’s eligibility for Title IV aid. That is, only U.S. citizens and eligible noncitizens, as determined by current Title IV rules, are eligible to receive Title IV aid.
The Obama administration has directed the Department of Homeland Security (DHS) to use administrative authority to grant, on a case-by-case basis, deferred action and work authorization to young undocumented people who are not in deportation proceedings and who meet the following criteria:
- Came to the United States under the age of 16, and are not currently above the age of 30;
- Have continuously resided in the United States for a least five years preceding June 15, 2012 (the date of the memorandum) and are present in the United States on June 15, 2012;
- Are currently in school, have graduated from high school, have obtained a general education development certificate or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.
The deferred action process does not change an individual’s immigration status, provide a pathway to citizenship, nor grant Title IV eligibility. These actions would require Congressional authority.