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Belmont Law Review

Abstract

This law review article will: (1) examine the current state of affairs in educational attainment of undocumented students, (2) examine the federal and state policies that impact higher education access to undocumented students, including, but not limited to, state legislation, state action, institutional policies, and federal executive orders, and (3) provide a history of the sanctuary movement, an examination of various campus sanctuary policies, and an analysis of the legality of this debate. By understanding this policy maze and the lack of federal intervention for comprehensive immigration reform, this background forms the foundation to examine the liability and responsibility of college and universities in this sanctuary movement. While this hot topic movement has a direct impact with the educational attainment of students on campus, legal scholars have yet to closely examine the legal liabilities and responsibilities of campus administrators. This article is meant to provide this background and analysis.

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