BILL ANALYSIS Ó AB 1899 Page 1 ASSEMBLY THIRD READING AB 1899 (Mitchell) As Amended April 9, 2012 Majority vote HIGHER EDUCATION 9-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Block, Olsen, Achadjian, |Ayes:|Fuentes, Harkey, | | |Brownley, Fong, Galgiani, | |Blumenfield, Bradford, | | |Lara, Miller, Portantino | |Charles Calderon, Campos, | | | | |Davis, Gatto, Ammiano, | | | | |Hill, Lara, Mitchell, | | | | |Nielsen, Norby, Solorio, | | | | |Wagner | ----------------------------------------------------------------- SUMMARY : Extends eligibility for residency, for tuition/fee purposes and student financial aid programs, to noncitizen victims of trafficking, domestic violence and other serious crimes, as defined, to the same extent as available to individuals admitted into the country 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 federal law, 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 into the U.S. as refugees. 2)Provides eligibility to those students as in 1) above for student financial aid programs and scholarships administered by a public postsecondary educational institution or the state. 3)Requests the University of California (UC) comply with the above provisions. 4)Requires CCC districts to waive the fees of students as in 1) above. EXISTING FEDERAL LAW provides that immigrant survivors of human trafficking, domestic violence and other serious crimes are AB 1899 Page 2 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. EXISTING 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 Section 18945) 2)Exempts specified California nonresidents from paying nonresident tuition at UC, CSU, and CCC, also known as the AB 540 nonresident tuition waiver (AB 540 (Firebaugh and Maldonado), Chapter 814, Statutes of 2001), if they meet all of the following (EC Section 68130.5): 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 : According to the Assembly Appropriations Committee, General Fund (Proposition 98) costs of $60,000 annually, General Fund costs of $43,000 in the first year and $160,000 in the fourth year and thereafter, and annual revenue losses of $25,000 and $11,000 to the CCC and CSU, respectively. COMMENTS : Nonresident students who meet specified criteria established by AB 540 in 2001 are exempt from paying the state's more costly nonresident tuition/fee rates. Non-immigrant victims of trafficking, domestic violence, and other serious crimes, who are granted a special status, known as T or U AB 1899 Page 3 non-immigration status, are not eligible for residency under the provisions of AB 540, however, because the law excludes holders of non-immigrant visas, as defined. This bill extends 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 U.S. as refugees, thus enabling these students to utilize the AB 540 path to residency for tuition/fee and financial aid purposes. UC, CSU, and the CCC do not know how many students or perspective students would benefit from this bill at their respective segments. The National Immigration Law Center estimates 75 to 100 students annually, based on the number of individuals granted T or U status nationally in 2011, the undocumented population, the number likely living in California, and the number of AB 540 students. Congress created the T and U nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The T visa provides immigration protection to victims of a severe form of human trafficking. The 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), and are generally eligible to apply for LPR status after three years. Analysis Prepared by : Sandra Fried / HIGHER ED. / (916) 319-3960 FN: 0003907 AB 1899 Page 4