BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1899|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1899
          Author:   Mitchell (D), et al.
          Amended:  4/9/12 in Assembly
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 6/20/12
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/16/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg

           ASSEMBLY FLOOR  :  73-0, 5/29/12 - See last page for vote


           SUBJECT  :    Postsecondary education benefits:  crime 
          victims

           SOURCE  :     Author


           DIGEST  :    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. 
                                                           CONTINUED





                                                               AB 1899
                                                                Page 
          2


           ANALYSIS  :    

           Refugees  .  Federal law 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 ond 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 
          financial aid benefits.
           
           Nonimmigrants  .  Federal law defines specified classes of 
          nonimmigrant aliens to include, among others, ambassadors, 
          career diplomats, consular officers and others.  Federal 
          law 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.

           The U nonimmigrant status (also known as the U visa) is 
            set aside for victims of crimes who have suffered 







                                                               AB 1899
                                                                Page 
          3

            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. 

           AB 540  .  Existing 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. 

          Existing law specifically accepts a "nonimmigrant" student, 
          as defined under specified federal law, from the provisions 
          established by AB 540. 

           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 







                                                               AB 1899
                                                                Page 
          4

          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.

          Existing 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 
          IV of the federal Higher Education Act of 1965. In 
          addition, the individual, at the time of high school 
          graduation or its equivalent, is required to be a resident 
          of California. 

          Existing law establishes the requirements for determining 
          residency for purposes of paying the lower-cost "in-state" 
          student fees at the CCC, the CSU and the 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. 

          Existing 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.  Existing 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. 

          This bill extends some of the same postsecondary education 
          benefits to certain non-immigrant students as that extended 
          to individuals who have refugee status:







                                                               AB 1899
                                                                Page 
          5


          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.

          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

           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 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. 

          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 







                                                               AB 1899
                                                                Page 
          6

          when they were granted "T" or "U" non-immigrant status.

           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.

           Prior 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

           CSU:  The CSU has indicated that it does not expect to 
            incur any significant administrative costs as a result of 
            this legislation, because the number of affected students 
            will likely be very small.

           UC:  No costs; the UC Regents have taken action to adopt 
            policies in compliance with this bill. 

           CCC Mandate:  This bill places a minor mandate on CCCs, 
            but it is unlikely to be deemed reimbursable. If any 
            mandated duties are deemed reimbursable, they will likely 
            be minor.

           BOG fee waivers:  Approximately $60,000 General Fund, 







                                                               AB 1899
                                                                Page 
          7

            annually.

           CalGrants:  $43,000 General Fund for entitlement awards 
            in 2013-14; $95,000 in 2014-15; $128,000 in 2015-16; and, 
            $159,000 in 2016-17, and annually thereafter.

           SUPPORT  :   (Verified  8/16/12)

          California Immigrant Policy Center (co-source) 
          MALDEF (co-source) 
          National Immigration Law Center (co-source) 
          American Federation of State, County and Municipal 
          Employees
          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 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
          National Association of Social Workers - California Chapter
          Refugee and Immigrant Services Program of Catholic 
          Charities CYO
          San Francisco City of County District Attorney's Office
          Services, Immigrant Rights & Education Network
          United Tax Workers of San Diego
          WOMAN, Inc.

          ARGUMENTS IN SUPPORT  :    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 







                                                               AB 1899
                                                                Page 
          8

          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."  

           ASSEMBLY FLOOR  : 73-0, 05/29/12
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Davis, Dickinson, Eng, Feuer, 
            Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, 
            Gatto, Gordon, Gorell, Grove, Hagman, Harkey, Hayashi, 
            Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, 
            Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED: Cedillo, Cook, Donnelly, Fletcher, 
            Halderman, Hall, Mansoor

          PQ:n  8/20/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****