Supreme Court upholds AB 540

The California Supreme Court upheld AB 540 on Monday, allowing some nonresident students to pay in-state student fees for California public colleges and universities.

The main focus of the ruling is that undocumented students who have attended high school in California will continue to be able to receive in-state student fees under the act, which was instated under Gov. Gray Davis in 2001.

“AB 540 will continue to do what it has been doing, providing affordability and access to education for undocumented students,” said fourth-year political science student Diego Sepulveda, an undocumented student who is the co-director of national affairs out of the Office of the External Vice President.

The ruling does not only apply to undocumented students though, said UC Office of the President spokesman Steve Montiel, as more than 80 percent of last year’s 2,019 residency exemptions were for legal U.S. citizens.

“We are very happy with the verdict, because students who attended high school in California are able to have the opportunity to attend the UCs as residents,” Montiel said.

Another stipulation is that any undocumented citizens who apply for in-state student fees will continue to be ineligible for financial aid.

Montiel said a bill that would allow undocumented students to receive financial aid alongside in-state student fees was vetoed by Gov. Arnold Schwarzenegger multiple times.

“Through their hard work and perseverance, these students have earned the opportunity to attend UC,” UC President Mark Yudof said in a university statement.

AB 540 was first enacted during UC’s 2002-2003 academic year to allow out-of-state students to attain in-state student fees if they attended a California high school for three or more years, registered at an institution of higher education in California, or had filed an affidavit stating they would apply for legal residency.