Education Department Determines DACA Students Ineligible for CARES Act Student Aid
In response to inquiries from the education community seeking guidance on the disbursement of direct student aid grants authorized by the Coronavirus Aid, Relief and
Economic Security (CARES) Act, the Department of Education (ED) determined that Deferred Action for Childhood Arrival (DACA) students and international students are not eligible for CARES Act direct student aid. The CARES Act allocated $31 billion in higher education funding, of which $6 billion in direct student aid grants is to be disbursed by universities.
The CARES Act gave ED broad discretion on how to distribute funds, enabling them to quickly get funding to universities and students given the crisis brought on by the coronavirus pandemic. ED chose to use the Higher Education Act’s Title IV eligibility requirements as the standard universities must follow to satisfy CARES Act eligibility for direct student aid grants. Under Title IV eligibility requirements, only U.S. citizens are eligible for federal student aid.
Democrats in the U.S. Senate and House of Representatives wrote letters to ED strongly disagreeing with its determination. The Democrats argued that the intent of the broadly worded CARES Act was to provide emergency aid to all students—including DACA and other undocumented students. They also pointed out that the CARES Act funding is an allocation separate and apart from Title IV allocations and, therefore, Title IV eligibility rules should not apply to CARES Act funding.
As of yet, ED has not reversed its determination.