BILL ANALYSIS Ó
AB 1899
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 1899 (Mitchell) - As Amended: March 20, 2012
SUBJECT : Nonresident tuition exemption and financial aid
eligibility: crime victims.
SUMMARY : Extends eligibility for residency for tuition/fee
purposes and student financial aid programs and scholarships
administered by a public entity to noncitizen victims of
trafficking, domestic violence and other serious crimes, as
defined, to the same extent as available to individuals admitted
to the United States as refugees. Specifically, this bill :
1)Exempts students who are victims of trafficking, domestic
violence, and other serious crimes who have been granted a "T"
or "U" visa under Section 1101 (a)(15)(T)(i) or (ii), or
(U)(i) or (ii) of Title 8 of the United States Code, from
paying nonresident tuition at the California State University
(CSU) or the California Community Colleges (CCC) to the same
extent as individuals who are admitted to the United States as
refugees under Section 1157 of Title 8 of the United States
Code.
2)Provides eligibility to student financial aid programs and
scholarships administered by a public postsecondary
educational institution or the State of California to students
who have been granted a "T" or "U" visa, as defined, to the
same extent as individuals who are admitted to the United
States as refugees, as defined.
3)Requests the University of California (UC) comply with the
above provisions.
4)Requires CCC districts to waive the fees of a student who has
been granted a "T" or "U" visa, as defined, to the same extent
as individuals who are admitted to the United States as
refugees, as defined.
5)Creates a reimburseable state mandate if so determined by the
Commission on State Mandates.
EXISTING LAW :
AB 1899
Page 2
Federal law:
1)Provides that immigrant survivors of human trafficking,
domestic violence and other serious crimes may apply for
special visas to allow them to remain lawfully in the United
States, and must cooperate with a law enforcement agency in
the investigation and prosecution of the criminal activity.
2)Provides that immigrant survivors of human trafficking,
domestic violence and other serious crimes are eligible for
specified federal and state services to the same extent as are
refugees once federal processing of their application for a
visa is complete.
State law:
1)Extends eligibility for social services and benefits to
noncitizen victims of human trafficking, domestic violence,
and other serious crimes. (Welfare and Institutions Code §
18945)
2)Provides for a variety of student financial aid programs
including the Cal Grant programs, the CCC Board of Governors
(BOG) fee waiver, a variety of systemwide and/or
campus-specific grant and/or loan programs, and other
state-administered financial aid programs. Participation in
these programs is, among other criteria, typically needs-based
and limited to California residents. (EC § 69430 et al)
3)Establishes the requirements for determining residency for
purposes of paying the lower-cost "in-state" student fees at
the California Community Colleges (CCC), the California State
University (CSU) and the University of California (UC), which
generally includes a demonstration that the student has
resided in California for more than one year immediately
preceding the residence determination date and undertake other
specified actions such as registering to vote or registering
one's car in California. (Education Code § 68017)
4)Exempts specified California nonresidents from paying
nonresident tuition at UC, CSU, and CCC, also known as the AB
540 nonresident tuition waiver, if they meet all of the
following: (EC § 68130.5)
AB 1899
Page 3
a) Attended a California high school for three or more
years;
b) Graduated from a California high school or attained an
equivalent degree;
c) Registered or attended an accredited California higher
education institution beginning after fall of the 2001-02
academic year; and,
d) If an alien without lawful immigration status, has filed
an affidavit stating that the student has filed an
application to legalize his or her immigration status or
will file such an application as soon as he or she is
eligible to so do.
FISCAL EFFECT : Unknown
COMMENTS : Background . Nonresident students who meet specified
criteria (established by AB 540 in 2001-see Existing Law above)
are exempt from out of state rates for tuition/fee purposes.
However, nonimmigrant victims of trafficking, domestic violence,
and other serious crimes who are granted a special status, known
as "T" or "U" non-immigration status, are not eligible for
residency under the provisions of AB 540 because the law
excludes holders of non-immigrant visas, as defined. This bill
would extend to holders of "T" and "U" non-immigrant status
eligibility for in-state tuition/fees and state financial aid
programs that are available to a person admitted to the United
States as a refugee, in effect, enabling these students to
utilize the AB 540 path to residency for tuition/fee and
financial aid purposes.
Need for this bill . According to the author, "A technical fix
in the law is needed to ensure that these crime victim survivors
can continue their education uninterrupted when they secure a
lawful status, and that any disincentive to cooperate with law
enforcement in prosecuting the perpetrators of crimes against
them is minimized."
How many students will be affected ? According to the National
Immigration Law Center, approximately 75-100 students will be
affected, many of whom are students who were paying in-state
tuition rates under the provisions of AB 540 but who lost
eligibility when they were granted "T" or "U" non-immigrant
AB 1899
Page 4
status.
What are "T" and "U" visas ? Congress created the "T" and "U"
nonimmigrant classifications with passage of the Victims of
Trafficking and Violence Protection Act in October 2000. The
"T" nonimmigrant status, also known as the "T" visa, provides
immigration protection to victims of a severe form of human
trafficking. The "U" nonimmigrant status, or "U" visa, is
designated for victims of certain crimes who have suffered
mental or physical abuse because of the crime and who are
willing to assist law enforcement and government officials in
the investigation of the criminal activity. The legislation was
intended to strengthen the ability of law enforcement agencies
to investigate and prosecute cases of domestic violence, sexual
assault, trafficking of persons and other crimes, particularly
against immigrant crime victims, while at the same time offering
protection to victims of such crimes. Unlike many other
non-immigrant statuses, individuals with "T" and "U" status have
a pathway to lawful permanent residence (LPR). They are
generally eligible to apply for LPR status after 3 years.
Benefits for which these students would be eligible .
1)Residency . To qualify for the lower resident fees, students
are generally required to have resided in California for more
than one year and one day immediately preceding the residence
determination date and undertake other specified actions such
as registering to vote or registering one's car in California.
Tuition and fees for a full-time undergraduate student in
2011-12, not including registration and education fees, are:
Resident Out-of-State
UC $12,192$35,070
CSU $5,472 $10,170
CCC $36 per unit$244 per unit
2)Student financial aid . This bill provides eligibility for
state-administered financial aid programs for which AB 540
students will be eligible beginning in 2013, including Cal
Grant Entitlement awards, UC and CSU institutional aid, CCC
Board of Governors fee waivers, CCC Transfer Entitlement
awards, Cal Grant C awards, as well as Assumption Program of
Loans for Education awards, State Nursing Assumption Program
of Loans for Education awards, Child Development grants, and
Law Enforcement Personnel Dependents grants. AB 540 students
AB 1899
Page 5
are explicitly denied eligibility to the Cal Grant Competitive
awards unless the program is fully funded in the annual Budget
Act.
Related legislation . AB 1569 (Kuehl), Chapter 672, Statutes of
2006, extended eligibility for social services and benefits to
noncitizen victims of human trafficking, domestic violence, and
other serious crimes, as defined.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
Asian Pacific Islander Legal Outreach
Board of Governors of the California Community Colleges
California Catholic Conference, Inc.
California Coalition Against Sexual Assault
California Immigrant Policy Center
California Partnership to End Domestic Violence
Central American Resource Center/Centro De Recorsos
Centroamericanos
Coalition for Human Immigrant Rights of Los Angeles
Immigrant Center for Women and Children
Mexican American Legal Defense and Educational Fund (MALDEF)
Peace Over Violence
WOMAN Inc.
Women's Crisis Support - Defensa de Mujeres
Opposition
>
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960