BILL ANALYSIS �
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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
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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
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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
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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:
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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
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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,
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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
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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 Hern�ndez, 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 P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cedillo, Cook, Donnelly, Fletcher,
Halderman, Hall, Mansoor
PQ:n 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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