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Definitions and Legislation

The following definitions and terminology have been adapted from the National Immigration Law Center, Illinois Coalition for Immigrant and Refugee Rights, Illinois TRUST ACT, Illinois VOICES Act,  Migration Policy Institute, the Urban Institute and Presidents’ Alliance for Higher Education.

Legislation

Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Obama Administration announced that it would offer many DREAM Act-eligible youths protection from deportation through "Deferred Action for Childhood Arrivals" (DACA). It temporarily shields individuals from deportation and enables them to live and work legally in the U.S. and it is valid for two years. But can be renewed. Eligible youths are able to get a valid Social Security Number, work permit and driver's license. DACA does NOT put someone on track towards a green card or U.S. citizenship. Not everyone qualifies for DACA. For information on DACA eligibility please visit Educators For Fair Consideration (E4FC). To learn about what to do after you receive DACA please visit Got DACA, NOW WHAT?
DREAM Act

The Development, Relief, and Education for Alien Minors Act is a legislative proposal that provides a path toward permanent legal residency and U.S. citizenship to eligible youth. It was first introduced in the Senate in August 2001 by Dick Durbin and Orrin Hatch. Since then, it has gone through several revisions and amendments but has not been approved in Congress. For more information, visit the DREAM Act Portal

HB 1312

HB 1312 - House Bill 1312 (HB 1312) is an Illinois law signed by Governor JB Pritzker on December 9, 2025, and protects immigrant families at sensitive public locations including inside state courthouses and within a 1,000-foot buffer zone, and prohibiting schools, hospitals, and day care centers from sharing personal immigration status data without consent.

Illinois DREAM Act
This legislation passed in August 2011, and makes Illinois the first state in the country to create a private scholarship fund for undocumented youth. It sets three milestones:
For more information, please visit Illinois DREAM Act and the Illinois DREAM Fund Commission.
Illinois General Assembly Public Act 093-07 (HB60)
This legislation passed in 2003 and it allows undocumented youth to pay in-state tuition at public universities in Illinois if they meet the following requirements:
  • The individual had to have resided with their parents or guardian while attending a public or private high school in Illinois
  • The individual had to have graduated from a public or private high school or received the equivalent of a high school diploma (GED) in Illinois.
  • The individual had to have attended school in Illinois for at least three years as of the date the individual graduated from high school or received the equivalent of a high school diploma.
  • In case the individual is not a citizen or a permanent resident of the United States, the individual has to provide the university with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.
Illinois Trust Act

Illinois TRUST Act - The Illinois TRUST Act limits state and local police from participating in federal civil immigration enforcement. It prohibits officers from stopping, arresting, or detaining individuals solely based on their immigration or citizenship status, and restricts local cooperation with federal immigration agents.

Public Act 100-1078

Illinois Public Act 100-1078  - Illinois Public Act 100-1078 (originally Senate Bill 3109) is a state law that took effect on January 1, 2019. It prohibits denying professional licenses based on citizenship or immigration status and allows applicants to use an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number.

Senate Immigration Bill (S. 744)
On April 18, 2013, a group of eight U.S. Senators including Illinois Senator Richard Durbin, introduced the Border Security, Economic Opportunity, and Immigration Modernization Act. This 844-page bill includes a path to citizenship for many undocumented immigrants as well as several other major changes to our immigration system. Please visit the Immigration Policy Center for a guide to S.744.
VOICES Act (5 ILCS 825/)
VOICES Act - The Illinois VOICES Act (5 ILCS 825/) is a state law that applies to people who suffered harm from specific violent or exploitative crimes defined under U.S. federal law. It helps victims of qualifying crimes get the official federal endorsement needed when applying for a U-Visa or T-Visa.

Definitions

Confidentiality, Privacy, and Rights
The Federal Education Right to Privacy Act (FERPA) protects the privacy of students' educational records regardless of immigration status. For more information about FERPA and student records confidentiality, as well as directory information access, please visit NIU's Registration and Records website for information about your rights while attending NIU.
DACAmented
Refers to youth who are eligible and have applied for and received the documentation under the Deferred Action for Childhood Arrivals (DACA) program. Please visit the National UnDACAmented Research Project for more information.
International Student
A student from a foreign country who holds a student visa for the purposes of pursuing a college education or advanced degree in the United States. Undocumented students are not considered international students and do not have to meet international student admission criteria.
Legal U.S. Citizenship
Obtained by individuals who were born in the United States; or by individuals who followed the U.S. citizenship naturalization process as stated by the U.S Immigration Office
Mixed Status Family
Refers to students who either:
  • Are undocumented but have family members that are Legal Permanent Residents (LPRs) or U.S. Citizens, or
  • Are LPRs or U.S. Citizens but have family members who are undocumented.
Noncitizen
A person who is not a U.S citizen or permanent legal resident of the United States and does not hold a valid visa to be authorized to be in the United States.
Overstayed Visa
Refers to an individual who entered the United States with proper documentation but stayed in the United States after their tourist, visitor, or student visa expired; thus his/her status is now "undocumented."
Residency Status
Refers to in-state or out-of-state residency for tuition purposes. Residents of the state of Illinois receive in-state tuition at all state universities.

Note: Community colleges utilize the terms "in district" and "out of district," which refer to the district the community college serves in a specific area. Students simply need to prove they live in the "school" district the community college serves.

Undocumented
A foreign national who: 1) entered the United States without inspection or with fraudulent documentation; or 2) entered as a nonimmigrant with proper documentation but then overstated the terms of their status and remained in the United States without authorization, as defined by the National Immigration Law Center. Other terms commonly used in reference to undocumented students include unauthorized, undocumented American, DREAMers, generation 1.5, and aspiring citizens.

Note: the "i" word should be avoided because no human being is "illegal," a term that is dehumanizing and hurtful.

Undocuqueer
Refers to the intersection of the undocumented and LGBTQ struggles to give voice to those living in both worlds and embracing both identities. For more information, please visit the Queer Undocumented Immigrant Project (QUIP).
UndocuAsian
Refers to the growing number of undocumented Asian youth who are coming out of the shadows. For more information visit the Asian American Justice Center.

Northern Illinois University | Definitions and Legislation | Retrieved May 22, 2026, from https://www.niu.edu/undocumented/education-and-training/terms.shtml

 

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