AB 540: Undocumented Students in the UC System

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AB 540 Undocumented Students in the UC System

• Alejandra Flores
• Janel Munguia
• Carina Salazar

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Who Are Undocumented Students?

• A student who is not a US citizen or legal
  permanent resident and who does not currently
  posses a green card, visa, or other legal
  documentation is considered an undocumented
  student.
• Each year, over 60,000 undocumented students
  graduate from high school in the United States.

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• Many of them came to this country with their
  parents as small children and have been raised
  here just like their U.S. citizen classmates.
• They view themselves as Americans, because they
  know no other country.
• Some may not even realize that they are here in
  violation of our immigration laws.
• They grow up to become honest and hardworking
  adults who strive for academic as well as
  professional excellence.

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• As undocumented immigrants, they cannot work
  legally, unless they have a work permit.
• Moreover, they are essentially barred from
  developing academically beyond high school
  because of the high cost of pursuing higher
  education.

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• 40 of all undocumented students live in
  California.
• In 2001, between 5,000-8,000 students in
  California were eligible for AB 540.
• In 2004, 17 California high school Valedictorians
  were undocumented.

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Historical Background

• In 1982, the U.S. Supreme Court ruled that a
  state may not deny school-age undocumented
  children the right to a free public K-12
  education. To do so would violate the equal
  protection clause of the Constitution which
  applies to any "person," not just to U.S.
  citizens
• (Plyler v. Doe).
• When it comes to postsecondary education,
  however, no such protections apply to
  undocumented students. Rather, conflicting
  federal and state laws and local practices result
  in quite diverse and inequitable treatment for
  those young people wanting to pursue
  postsecondary education.

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• The 1985 court order Leticia A. v. Board of
  Regents affirmed above policy by stating that
  Education code precluding undocumented students
  from establishing residence was unconstitutional
  and that undocumented students could establish
  residency for tuition purposes for both UC and
  CSU systems of higher education.
• In 1990, Bradford a UCLA Registrars Office
  employee sued the Univ. of California, stating
  that he had been forced to quit his job for
  refusing to follow the Leticia A. court order.

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• Regents of California v. Superior Court
  (Bradford) required newly enrolled undocumented
  students be classified as non-residents for
  tuition purposes, implemented by UC in fall,
  1991.
• While the Community College and CSU systems were
  not named in the suit, they implemented similar
  practices.
• Bradford injunction meant that for the 10 years
  from 1991 through 2001, undocumented students in
  the State of California were effectively barred
  from attending any community college, CSU or UC,
  even if academically eligible, due to economic
  constraints.

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What is AB 540?

• On October 12, 2001, Governor Gray Davis signed
  Assembly Bill AB 540 into law. AB 540, authored
  by the late Assembly Member Marco A. Firebaugh,
  authorized undocumented students who meet
  specified criteria to pay in-state tuition at
  California public colleges and universities.
• Assemblyman Firebaugh received his BA in
  Political Science from UC Berkley and Law Degree
  from UCLA.

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Who Qualifies for AB 540?

• REQUIREMENTS
• The student must have attended a California High
  School for 3 or more years,
• The student has or will graduate from a
  California High School or its equivalent, and
• The student has filed or will file an affidavit
  as required by individual institutions, stating
  that he or she will apply for legal residency as
  soon as he or she is eligible.

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• The process of submitting the affidavit will vary
  from campus to campus. Please contact your
  registrars office for more details.
• The affidavit is confidential and is NOT filled
  with the INS.

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Implications and Shortcomings

• Training is necessary to inform educators and the
  public,
• Interpretation in the implementation process from
  one system and/or school to another may vary,
• Proof of required documentation varies,
• AB 540 students are ineligible from taking
  Graduate tests or allow them to apply for state
  credentials, i.e. teaching, nursing, etc.

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FERPA Undocumented Students

• Undocumented students are protected under the
  federal law regarding student records. The
  Family Educational Rights and Privacy Act (FERPA)
  requires that educational student records be kept
  confidential. Information that may be in school
  records regarding a student's undocumented status
  must be kept confidential. Disclosure should be
  made only after parental consent or based upon
  express authority provided under FERPA.

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FACTS ABOUT AB 540

• AB540 does not apply to private colleges and
  universities.
• AB540 does not grant legal residency to
  qualifying students.
• AB540 does not grant state or federal financial
  aid eligibility.
• AB540 only provides an exemption to the
  requirements to pay nonresident tuition.

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AB 540 Provisions

• Allows undocumented students to pay 26 per unit
  (in-state) fees at California community colleges
  versus 175 per unit (out-of-state) fees,
• 2,575 (in-state) fees at CSU campuses versus
  12,420 (out-of-state) fees, and
• 6,028 (in-state) fees at University of
  California campuses versus 22,504 (out-of-state)
  fees.

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How can counselors identify an AB 540 student?

• There is no notation in a students record to
  indicate that they are an AB 540 student.
• The student may or may not be willing to disclose
  this information with their counselor.

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How can counselors assist AB 540 students?

• UCLA Student Panel
• Mario Escobar
• Fabiola Inzunza
• Ivan Pandoy
• Tam Tran

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Upcoming Federal Legislation

• Dream Act (The Development, Relief and Education
  for Alien Minors Act) was introduced on February
  8, 2006 On February 16 it was sent to the
  Higher Education Committee.
• Eliminate a federal provision that discourages
  states from providing in-state tuition without
  regard to immigration status and
• Permit some immigrant students who have grown up
  in the U.S. to apply for temporary legal status
  and eventually obtain permanent status and become
  eligible for citizenship if they meet certain
  conditions.

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Upcoming State Legislation

• SB 160 The CA Dream Act
• (Authored by State Senator Gilbert A. Cedillo)
• This bill would require the Board of Governors
  for the California Community College, Board of
  Trustees for the California State University, and
  strongly recommend to the Board of Regents of the
  University of California system to allow students
  who meet the in-state tuition (California
  Education Code 68130.5) requirements to compete
  for the current financial aid available that is
  administered by the institutions. Students who
  meet these requirements would also be eligible to
  apply for and receive a Board of Governor Fee
  Waiver.

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Information Websites

• http//nilc.org/immlawpolicy/DREAM/DREAM_Basic_Inf
  o_0205.pdf
• http//nilc.org/immlawpolicy/DREAM/Econ_Bens_DREAM
  Stdnt_Adjst_0205.pdf
• http//nilc.org/immlawpolicy/DREAM/DREAM_Durbin_st
  mnt_072204.pdf
• http//nilc.org/immlawpolicy/DREAM/DREAM20Judicia
  ry20Sumry_040504.pdf
• http//nilc.org/immlawpolicy/DREAM/TABLE_State_Leg
  _Imm_Higher-Ed.PDF

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Resources

• National Immigration Law Center - Josh Bernstein
  www.nilc.org
• Center for Community Change www.communitychange.or
  g
• MALDEF Mexican American Legal Defense and
  Educational Fund
• www.maldef.org
• Illinois Coalition for Immigrant and Refugee
  Rights www.icirr.org
• Coalition for Humane Immigrant Rights of Los
  Angeles (CHIRLA) www.chirla.org
• Civil Rights www.civilrights.org
• Southern Poverty Law Center www.tolerance.org

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Resource on Immigration Information

• http//uscis.gov/graphics/index.htm