Beyond Legality: Reimagining College Access and Equity for Undocumented and International Students in an Anti-DEI/Anti-Immigrant Era

This conceptual paper examines how dominant frameworks of college access and equity in U.S. higher education marginalize undocumented and international students by anchoring inclusion to citizenship, legal eligibility, and institutional risk management. In the context of intensified anti-DEI and anti-immigrant politics, legally precarious students face overlapping yet distinct legal, financial, emotional, and symbolic forms of exclusion that conventional access and equity models do not fully capture. Institutional retreat, anticipatory obedience, and the re-coding of equity work can further make supports for these students harder to locate, defend, and sustain. Synthesizing scholarship on college access, undocumented and international student experiences, critical citizenship studies, legal status stratification, border theory, anticipatory obedience, and coalitional politics, the paper argues for moving “beyond legality” as the organizing framework of access. It advances a conceptual model of College Access Beyond Legality centered on four interlocking structures: emotional safety and trust, informal resource networks, campus and community organizing, and identity-based and status-conscious advocacy. The model conceptualizes cross-status coalition-building among students, institutional stakeholders, faculty, and community partners as both a survival strategy and a practice of institutional accountability. It also emphasizes that access beyond legality must begin before matriculation and extend through persistence, belonging, and post-graduation transitions. The model aims to reduce harm, strengthen belonging, expand access to material supports, support persistence, and deepen institutional accountability. The paper concludes with implications for institutional policy, equity practice, basic-needs and community-connection infrastructures, and future research aimed at expanding access for marginalized students in legally and politically hostile contexts.