BILL ANALYSIS
AB 454
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 454 (Knight) - As Introduced: February 24, 2009
SUBJECT : Public postsecondary education: exemption from
nonresident tuition.
SUMMARY : Repeals existing law [AB 540 (Firebaugh), Chapter 814,
Statutes of 2001] that exempts a nonresident student meeting
specified criteria, including non-citizens, from paying
nonresident tuition at the California State University (CSU) and
the California Community Colleges (CCC).
EXISTING LAW :
1)Exempts specified nonresidents of California from paying
nonresident tuition at CSU and CCC if they meet all of the
following:
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 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.
2)The University of California (UC), by resolution, complies
with existing law, established by AB 540.
3)Indemnifies UC, CSU, and CCC from any award of money damages,
tuition refund or waiver, or other retroactive relief if a
state court should find that AB 540 is unlawful [AB 1543
(Firebaugh), Chapter 19, Statutes of 2002].
AB 454
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FISCAL EFFECT : Unknown
COMMENTS : Background : Students who are eligible for resident
tuition under the provisions of AB 540 are typically aliens
without lawful immigration status or U.S. citizens or Permanent
Residents who are residents of another state and would be
ineligible for state-administered or campus-based financial aid
programs without the provisions of AB 540. According to the
Legislative Analyst's Office (February 2009), the percentage of
"AB 540 students" who lack legal residency is not known. In
2008-09, non-resident tuition amounted to about $20,000 at UC,
$10,000 at CSU, and $4,800 at CCC per year.
Other states : In addition to California, nine states provide
tuition benefits for undocumented students: Illinois, Texas, New
York, Washington, Kansas, Nebraska, New Mexico, Oklahoma, and
Utah. Two states-Georgia and Colorado-explicitly restrict
access to lower tuition rates for undocumented students.
Martinez v. UC Regents : In 2005, the Immigration Reform Law
Institute filed suit against UC, on behalf of UC students who
are residents of other states and pay non-resident tuition. The
students contend that AB 540 violates federal law that requires
that "an alien who is not lawfully present in the United States
shall not be eligible on the basis of residence within a State ?
for any postsecondary education benefit unless a citizen or
national of the United States is eligible for such a benefit?"
The case was dismissed by a trial court in 2006; however, the
students appealed, and in September 2008, the state appellate
court ruled that AB 540 does in fact conflict with federal law
and "thwarts the will of Congress." UC appealed to the
California Supreme Court, which in December 2008 agreed to hear
the appeal. AB 540 remains in effect while the case works its
way through the legal process.
Related legislation : AB 1207 (Logue), pending referral from the
Assembly Rules Committee, is identical to this bill. Several
identical bills have been introduced in prior sessions and were
either held in the initial policy committee or were not heard,
including SB 268 (McClintock) of 2007, AB 589 (Garrick) of 2005,
SB 349 (McClintock) of 2005, and AB 1503 (McClintock), and AB
1503 (McClintock) of 2004.
REGISTERED SUPPORT / OPPOSITION :
AB 454
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Support
None on file.
Opposition
American Civil Liberties Union
American Federation of State, County and Municipal Employees
Asian Pacific American Legal Center of Southern California
California Catholic Conference
California Immigrant Policy Center
California Teachers Association
Coalition for Humane Immigrant Rights of Los Angeles
Los Angeles Community College District
Public Advocates
Rio Hondo Community College District
San Jose-Evergreen Community College District
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960