BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 1899
AUTHOR: Mitchell
AMENDED: April 9, 2012
FISCAL COMM: Yes HEARING DATE: June 20, 2012
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Postsecondary education benefits for crime
victims.
SUMMARY
This bill grants students who are noncitizen victims of
trafficking, domestic violence and other serious crimes, as
defined under specified federal law, the same exemption
from nonresident tuition and eligibility to apply for and
participate in state and institutional financial aid
programs at the California State University (CSU) and the
California Community Colleges (CCC) as that extended to
students granted refugee status, and requests the
University of California (UC) to adopt similar policies.
BACKGROUND
Refugees
Federal law, 8 U.S.C. S 1101(a)(42), defines a refugee as
any person who is outside their country of residence or
nationality, or without nationality, and is unable or
unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of, that country
because of persecution or a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political
opinion. An individual granted refugee status is required
by law to apply for a green card (permanent residence) in
the United States 1 year after being admitted as a refugee.
Under federal law, a refugee who is admitted under
specified federal law is "qualified" to apply for and
receive a Federal public benefit, including federal
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financial aid benefits.(8 USC § 1641)
Nonimmigrants
Federal law defines specified classes of nonimmigrant
aliens to include, among others, ambassadors, career
diplomats, consular officers and others. Federal law, 8
USC 1101 (a)(15)(T)(i) or (ii) and 8 USC 1101 (a)(15)(U)(i)
or (ii) also specifically defines the following
nonimmigrant statuses:
The T nonimmigrant status (also known as the T
visa) provides immigration protection to victims of
severe forms of human trafficking. The T visa also
allows victims to remain in the United States and
assist federal authorities in the investigation and
prosecution of human trafficking cases. Those who have
been granted T nonimmigrant status may file for a
green card (permanent residence) after being
physically present in the United States for a
continuous period of at least 3 years since the first
date of admission as a T-1 nonimmigrant as well as
meeting other eligibility criteria.
Under federal law, a T visa nonimmigrant granted this
status under specified federal law is "qualified" to
apply for and receive a federal public benefit.(8 USC
§ 1641)
The U nonimmigrant status (also known as the U
visa) is set aside for victims of crimes who have
suffered substantial mental or physical abuse as a
result of the crime and who are willing to assist law
enforcement and government officials in the
investigation or prosecution of the criminal activity.
Those who have been granted U nonimmigrant status may
file for a green card (permanent residence) after
being physically present in the United States for a
continuous period of at least 3 years since the first
date of admission as a U nonimmigrant.
Although, under federal law a U visa nonimmigrant is
legally present in the US, federal law does not
recognize these nonimmigrants as "qualified" and so
they are ineligible for federal financial aid.
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AB 540
Current law, (established by AB 540, Chapter 814, Statutes
of 2001) exempts specified California nonresidents from
paying nonresident tuition at UC, CSU and the CCCs if they
meet all of the following:
Attended a California high school for three or more
years.
Graduated from a California high school or attained
an equivalent degree.
Registered or attended an accredited California
higher education institution not before fall of the
2001-02 academic year.
Filed an affidavit, if an alien without lawful
immigration status, stating that the student has filed
an application to legalize their immigration status or
will file such an application as soon as they are
eligible to so do.
Current law specifically accepts a "nonimmigrant" student,
as defined under specified federal law, from the provisions
established by AB 540. (Education Code § 68130.5)
Financial Aid and Fees
In order to be eligible to receive any grant, loan, or work
assistance under federal financial aid programs, a student
must be a citizen or national of the United States, a
permanent resident of the United States, or able to provide
evidence from the Immigration and Naturalization Service
that he or she is in the United States for other than a
temporary purpose with the intention of becoming a citizen
or permanent resident. (20 U.S.C Sec. 1091(a)(5))
Current law establishes eligibility criteria for the Cal
Grant program. Among other things, to be eligible to
receive a Cal Grant award a student is required to be a
citizen of the United States, or an eligible noncitizen, as
defined for purposes of financial aid programs under Title
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IV of the federal Higher Education Act of 1965 (20 U.S.C.
Secs. 1070 et seq). In addition, the individual, at the
time of high school graduation or its equivalent, is
required to be a resident of California. (Education Code §
69433.9)
Current law 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 undertaken other specified actions such as
registering to vote or registering one's car in California.
(EC § 68017)
Current law requires the Board of Governors (BOG) to charge
each student a $46 per unit per semester fee effective with
the summer term of 2012. Current law exempts certain
students from the fee requirement including:
Students who meet specified income requirements.
Students who are the dependent or surviving spouse
of a National Guard member who die or was disabled as
a result of their service.
The surviving spouse or child of a deceased law
enforcement or fire suppression personnel, as
specified.
The dependent of an individual killed on September
11, 2001, as specified. (EC §76300)
ANALYSIS
This bill extends some of the same postsecondary education
benefits to certain non-immigrant students as that extended
to individuals who have refugee status:
1) Exempts students granted "non-immigrant" status under
a T or U visa from paying nonresident tuition at the
CSU, and CCC to the same extent as individuals
admitted to the US as refugees.
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2) Requires that students granted "non-immigrant" status
under a T or U visa be eligible to apply for and
participate in all student financial aid programs and
scholarships administered by a public postsecondary
educational institution of the State of California to
the same extent as individuals admitted to the US as
refugees.
3) Requests the UC to adopt policies consistent with #1
and #2.
4) Requires a community college district to waive fees
for students granted "non-immigrant" status under a T
or U visa to the same extent as individuals admitted
to the US as refugees
STAFF COMMENTS
1) Intent of the bill . This bill is intended to bridge a
one year gap for students who meet the criteria
outlined in AB 540 (Chapter 814, Statutes of 2001),
but as a result of obtaining a T or U visa status are
unable to realize the resident tuition, and state and
institutional financial aid benefits afforded to AB
540 students as the result of the recent passage of AB
130 (Cedillo, Chapter 93, statutes of 2011) and AB
131 (Cedillo, Chapter 604, Statutes of 2011). Because
these students are classified as "non-immigrants", the
provisions of AB 540 would no longer apply to them. As
a result, they would be required to newly establish
residency in California as a legal noncitizen in order
to be extended resident tuition and eligibility for
state and institutional financial aid benefits.
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."
2) Some parallels to recent law . This bill extends to T
and U visa students, benefits similar to those
extended to AB 540 students under AB 130 and AB 131.
Upon its enactment, students affected by these
provisions could be eligible for the Cal Grant
Entitlement awards, UC and CSU institutional aid, CCC
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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, and other state programs. AB 540
students are, essentially, ineligible for the Cal
Grant Competitive awards, as they may only receive an
award once all California students have received an
award. The T and U visa students, however, could be
eligible for the Cal Grant Competitive award, to the
same extent that a refugee student who met the
criteria for competitive Cal Grant awards would be.
3) How many students ? 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 status.
4) Refugees and postsecondary education benefits . This
bill establishes that T and U visa students would
receive the outlined educational benefits to the same
extent as students granted refugee status. A refugee
student would not be eligible to pay resident tuition
unless he/she could prove they were living in
California for one year, as is the requirement for the
general student population. Refugee students would be
eligible to apply for institutional financial aid, Cal
Grants, and BOG fee waivers only to the extent that
they meet statutory California residency requirements.
Refugee students are required to meet all deadlines
and rules for financial aid as is required of the
general student population. These same
standard/requirements would apply to the T and U visa
students.
5) Mandated costs . Legislative Counsel has identified
mandated costs as a result of the requirement that
these students' fees be waived at the California
Community Colleges.
6) Related prior legislation. AB 1569 (Kuehl), Chapter
672, Statutes of 2006, extended eligibility for social
services and benefits to noncitizen victims of human
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trafficking, domestic violence, and other serious
crimes, as defined.
SUPPORT
American Federation of State, County and Municipal
Employees (AFSCME)
Asian Law Caucus
Asian Pacific American Legal Center
Asian Pacific Islander Domestic Violence Task Force
California Catholic Conference.
California Communities United Institute
California Community Colleges Chancellor's Office
California Immigrant Policy Center
California Latinas for Reproductive Justice
California Partnership to End Domestic Violence
Campaign for College Opportunity
Central American Resource Center
Coalition to Abolish Slavery and Trafficking
Community College League of California
Crime Victims United of California
DREAM Team Los Angeles
Immigration Center for Women and Children
Los Angeles County District Attorney's Office
MALDEF
National Association of Social Workers - California Chapter
National Immigration Law Center
Refugee and Immigrant Services Program of Catholic
Charities CYO
Services, Immigrant Rights & Education Network
United Tax Workers of San Diego
WOMAN
OPPOSITION
None received.