BILL ANALYSIS
AB 454
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 454 (Knight) - As Amended: April 13, 2009
SUBJECT : Public postsecondary education: exemption from
nonresident tuition.
SUMMARY : Prohibits the California State University (CSU) and
the California Community Colleges (CCC) from receiving state
full-time equivalent student (FTES) funding for students who
qualify for in-state tuition under AB 540 (Firebaugh), Chapter
814, Statutes of 2001, and makes CSU and CCC compliance with AB
540 optional rather than mandatory.
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 at 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.
FISCAL EFFECT : Unknown
COMMENTS : A previous version of this bill, which would have
repealed AB 540, was heard by this Committee on March 31, 2009.
AB 454
Page 2
It failed passage and was granted reconsideration.
Background : Students who are eligible for resident tuition
under the provisions of AB 540 are typically persons without
lawful immigration status or United States (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.
AB 540 was enacted in part to address circumstances when a
student, who was brought to the United States (U.S.) as a child
by his or her parents, was deemed a nonresident for tuition
purposes when attending UC, CSU, or CCC. Often, these students
were unaware that they were not legal U.S. residents, having
spent most of their life in this country. AB 540 was drafted to
provide access to in-state tuition based on high school
attendance and other factors rather than legal status in order
to comport with federal law while recognizing that these
students' educational success will benefit the state and its
economy.
Purpose of this bill : According to the author, "An illegal
alien is not a resident of the state of California. Therefore,
they should not be allowed the privilege of paying in-state
tuition. If a citizen or legal immigrant student is attending a
college or university in the state of California, but they live
outside of the state, they must pay an out of state tuition fee.
It should stand to reason that an illegal immigrant, who does
not legally reside in the state of California, shall pay the
same out of state tuition rate."
Disincentive for complying with state law : This bill allows CSU
and CCC to enroll AB 540 students but prohibits them from
receiving basic state support (in the form of FTES) for those
students, creating a funding incentive that is at odds with
state policy.
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
AB 454
Page 3
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), set for hearing in the
Assembly Higher Education Committee on April 21, 2009, would
deny undocumented students residency under AB 540. Several
bills have been introduced in prior sessions to repeal AB 540
and were either held in the initial policy committee or were not
heard, including SB 268 (McClintock) of 2007, AB 589 (Emmerson)
of 2005, SB 349 (McClintock) of 2005, and AB 1503 (McClintock),
and AB 1503 (McClintock) of 2004.
REGISTERED SUPPORT / OPPOSITION :
Support
4 Individuals
Opposition (to version as introduced on February 24, 2009)
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
AB 454
Page 4
San Jose-Evergreen Community College District
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960