State supreme court vets AB 540
By Yanting Li
Oct. 14, 2010 3:01 a.m.
Undocumented students in the University of California and Cal State University systems could be affected by a California Supreme Court case that is reviewing the constitutionality of illegal immigrants paying in-state tuition.
The law in question, AB 540, is a 2001 statute that allows any student graduating from a California high school, regardless of documented status, to pay in-state tuition in the UC and CSU systems if they sign an affidavit saying they will apply for permanent residency when eligible.
In-state tuition is $11,300 a year for UC schools, as opposed to the $34,000 out-of-state tuition.
Many students from public colleges who pay out-of-state tuition, both in and out of the UC system, claim the 2001 statute violates federal immigration law, and are bringing the case to court to make undocumented students pay out-of-state fees.
They argue that differences in tuition amount to $40,000 to $80,000 over the course of a four-year education, and this policy conflicts with federal law that forbids special tuition rates to be given to illegal aliens. It also exempts students on the basis of residence within California from having to pay out-of-state tuition.
“If they abolish AB 540 … it would be devastating for a lot of (undocumented students),” said Lizeth Flores, a fifth-year international development studies student. Flores is a member of Improving Dreams, Equality, Access and Success, a student group that creates a support network for undocumented students on campus.
Flores said that many undocumented students are qualified to go to college but are not eligible for scholarships and other financial opportunities because of their undocumented status.
“Many students already have trouble paying for tuition,” she said. “Students are taking quarters off and commuting, which really affects their ability to study and be involved. Many are dropping out or reconsidering community college.”
The statute can also apply to someone who went to high school in California, went to undergraduate college in another state, and decided to come back to California for graduate school, where they could then pay in-state tuition, Flores said.
Leisy Abrego, an assistant professor of Chicana/o studies, said California has recently done a good job giving undocumented students a small opening into higher education, and over the years, many students have taken advantage of these opportunities.
Abrego said taking that opportunity away now would be a waste of tremendous talent that has come out of the schools in the state, and would hurt California just as much as it would hurt individual undocumented students.
“I am hoping the statute won’t be overturned and that more openings will be given to them because they have earned the right to contribute financially and in terms of their talent,” Abrego said.
She added that within a larger scope, the case is sending another signal that the state is fine with illegal immigrants doing hard labor but is not willing to educate them or provide opportunities for a stable healthy future.
“Undocumented students should be able to participate completely as students and not worry about how they’re going to pay and graduate because they’re here to attend classes and learn,” Abrego said.
The suit is expected to be settled within 90 days.
