BILL ANALYSIS Ó
AB 2136
Page 1
Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2136
(Mayes) - As Amended April 11, 2016
SUBJECT: Public postsecondary education: exemption from
nonresident tuition
SUMMARY: Provides nonimmigrant alien students, as specified,
who meet outlined criteria, as specified, and are enrolled at
the California State University (CSU) or the California
Community Colleges (CCC) exemptions from nonresident tuition.
Specifically, this bill:
1)Provides that any student of the CSU or the CCC who meets all
of the following requirements as a dependent of an individual
with an E-2 nonimmigrant classification shall remain exempt
from paying nonresident tuition as long as the student remains
continuously enrolled, irrespective of any change in the
student's visa or immigration status:
a) Satisfaction of either of the following:
i) High school attendance in California for three or
more years; or,
AB 2136
Page 2
ii) Attainment of credits earned in California from a
California high school equivalent to three or more years
of full-time high school coursework and a total of three
or more years of attendance in California elementary
schools, California secondary schools, or a combination
of those schools.
b) Graduation from a California high school or attainment
of the equivalent thereof;
c) Registration as an entering student at, or current
enrollment at, an accredited institution of higher
education in California not earlier than the fall semester
or quarter of the 2001-02 academic year; and,
d) In the case of a person without lawful immigration
status, the filing of an affidavit with the institution of
higher education stating that the student has filed an
application to legalize his or her immigration status, or
will file an application as soon as he or she is eligible
to do so.
2)Provides that a student who is exempt from nonresident tuition
under this section may be reported by a CCC district as a
full-time equivalent student for apportionment purposes.
3)Requests the UC Regents to enact exemptions from requirements
to pay nonresident tuition for its students that are
equivalent to the aforementioned.
4)Provides that if the Commission on State Mandates determines
that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those
AB 2136
Page 3
costs shall be made.
EXISTING LAW: Qualifies (established by AB 540, Chapter 814,
Statutes of 2001) students that meet all of the following
outlined requirements for lower "resident" fee/tuition payments
at the CCC, CSU, and UC:
1)Is a student, other than a nonimmigrant alien within the
meaning of paragraph (15) of subsection (a) of Section 1101 of
Title 8 of the United States Code;
2)Attended high school in California for three or more years, or
equivalency;
3)Graduated from a California high school, or attainment of
equivalency;
4)Registered as an entering student at, or enrolled at, an
accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02
academic year; and,
5)In the case of a person without lawful immigration status,
files an affidavit with the institution of higher education
stating that the student has filed an application to legalize
his or her immigration status, or will file an application as
soon as he or she is eligible to do so. (Education Code
Section 68130)
FISCAL EFFECT: Unknown.
COMMENTS: Background. The federal E-2 nonimmigrant visa is
authorized for a foreign national who is coming to the United
States solely to direct and develop the operations of an
enterprise in which the individual has invested or is actively
involved in the process of investing a substantial amount of
AB 2136
Page 4
capital. The investment involved must place lawfully acquired,
owned, and controlled capital at commercial risk with a profit
objective, and it must be subject to loss if the investment
fails. Spouses and unmarried children under the age of 21 of an
E2 nonimmigrant may be granted the same status to accompany the
E2. As long as the dependents are in E2 status, they can attend
school without changing to another nonimmigrant status.
E-2 visa holders are allowed a maximum initial stay of two
years. Requests for extension of stay may be granted in
increments of up to two years each. There is no maximum limit
to the number of extensions an E-2 nonimmigrant may be granted.
All E-2 nonimmigrants, however, must maintain an intention to
depart the United States when their status expires or is
terminated.
Purpose of this bill. According to the author, "federal policy
allows E-2 dependents to remain in the United States until age
21, at which time they can transition to a student visa. This
transition removes their exemption from nonresident tuition
under California policy. The end result is that an E-2 dependent
pays in-state tuition until 21, but then pays nonresident
tuition at age 21 or older, even if the student met the high
school attendance and graduation requirements of AB 540."
According to the author, "E-2 visa holders have often lived in
the United States legally for decades, with their children
identifying as Americans. Their investments in the American
economy create jobs and contribute to California's tax base.
There is no reason to allow undocumented immigrants to receive
in-state tuition, but not legal, nonimmigrant aliens who meet
the same criteria."
Is this bill consistent with the intent of AB 540? The author
and supporters of AB 540, according to Legislative history,
intended AB 540 to provide nonresident tuition waivers to
undocumented students whom considered California their home and
AB 2136
Page 5
desired to someday become citizens. Supporters argued the law
would provide talented California high school students, who
could not afford to pay nonresident tuition, an opportunity to
afford college. Alternatively, while there are immigrant visa
pathways available for business owners seeking to immigrate
permanently to this country, federal law explicitly establishes
the E-2 nonimmigrant visa for foreign entrepreneurs seeking a
limited stay in the United States.
Prior legislation. The Legislature has enacted several bills to
expand eligibility for, and benefits related to, AB 540. These
include the following:
AB 2000 (Gomez, Chapter 675, Statutes of 2015) expanded
eligibility to students who have attained credits equivalent to
three or more years of full-time high school coursework, and
earned these credits in California from a California high
school.
SB 141 (Correa, Chapter 576, Statutes of 2013) required the CSU
and CCC districts, and requested the UC, to exempt from
non-resident tuition charges, under specified circumstances, a
United States citizen who moved abroad as a result of his/her
parent's deportation.
SB 150 (Lara, Chapter 575, Statutes of 2013) authorized a CCC
district to exempt pupils attending CCCs as special part-time
students from paying nonresident tuition as a means of extending
in-state tuition benefits to high school students who would
ultimately be eligible for AB 540 benefits upon graduation.
AB 1899 (Mitchell, Chapter 509, Statute of 2012) grants students
who are noncitizen victims of trafficking, domestic violence and
other serious crimes (T and U visa students) the same exemption
from nonresident tuition and eligibility to apply for and
participate in state and institutional financial aid programs as
that extended to AB 540 students.
AB 2136
Page 6
REGISTERED SUPPORT / OPPOSITION:
Support
E2VisaReform.org
Southwest California Legislative Council
Opposition
None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960