BILL ANALYSIS Ó
AB 1899
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ASSEMBLY THIRD READING
AB 1899 (Mitchell)
As Amended April 9, 2012
Majority vote
HIGHER EDUCATION 9-0 APPROPRIATIONS 16-0
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|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 |
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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
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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
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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
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