Regents vote to ratify form of AB 540
By Daily Bruin Staff
Jan. 17, 2002 9:00 p.m.
 OSCAR ALVAREZ Regent Sue Johnson (left)
and UC President Richard Atkinson (center) attend
the regents’ meeting at Covel Commons Wednesday.
By Robert Salonga
Daily Bruin Staff
The UC Board of Regents opened up another door for admissions
Thursday by passing a modified form of Assembly Bill 540.
The bill will allow certain undocumented immigrants and
out-of-state students who attend and graduate from a California
high school to be exempt from paying non-resident tuition, which
stands at $11,132 for 2002-03.
Many regents are optimistic that the act will send a welcoming
message to students who hesitate to apply because of their
immigration status.
“I hope that students who are undocumented will now work
on getting their citizenship and keeping their grades up,”
said Regent Odessa Johnson.
For undergraduate students, non-resident tuition is charged on
top of the $3,429 mandatory fees to all students, excluding
miscellaneous costs that vary with each individual campus.
Mandatory fees for graduate students total $3,609.
Currently, up to 400 students will be affected by the bill,
according to Joseph Mullinix, business and finance senior vice
president in the UC Office of the President. There is no way to
predict how many students will now apply because of the bill, he
said.
Gov. Gray Davis signed AB 540 into law in October 2001 with
overwhelming bipartisan support from the state legislature. It
immediately applied to the California State University and
community college systems but needed approval by the regents to
affect the UC because the board is independent of the California
Constitution.
The approval came despite strong reservations from several
regents. Their worries stemmed mainly from legal concerns: federal
law states that undocumented students are not eligible for
postsecondary benefits based on residence.
The regents responded by amending Section 68130.5 of the
California Education Code. The code now assures that in the event
of a lawsuit, the UC would only be responsible for policy change
rather than monetary settlement.
“While I’m tempted to support this bill, by limiting
liability, it seems like we’re conspiring to violate federal
law,” said Regent Ward Connerly.
Some dismissed the regents’ fear of litigation as
unnecessary.
“Federal law prohibits benefits based on residency. In
direct contrast, AB 540 grants benefits based on students attending
and graduating from California high schools,” said Mark
Silverman, an attorney for the Immigrant Legal Resource Center in
San Francisco.
Connerly found inherent flaws in this argument as well.
“Public benefits flow from citizenship and
residency,” Connerly said. “Now it’s based on
attendance … we’re giving $11,000 subsidies for a group we
cannot identify.”
The UC reports that the largest ethnic groups affected by the
approval will be Latino and Asian students.
Regents’ chair S. Sue Johnson said she empathized with
affected students but voted against the item because she felt
“strongly for the law.”
“Many immigrants have gained legality, and this still has
to be decided on a federal level,” Johnson said.
Students waiting outside the meeting rejoiced when they heard
that the item passed through the board.
“I have friends who were illegal, and that stopped them
from applying,” said Estela Garcia, a first-year Chicano/a
studies student. “AB 540 is a way for our community to help
themselves.”
The other primary item of the day’s meeting was discussion
over extending UC retirement spousal benefits to same-sex domestic
partnerships. The regents will address the issue at later meetings
to allow more extensive study on the topic.
With reports from Dexter Gauntlett, Daily Bruin Staff.
