2008 Woodie Awards
College Offers In-State Fees to Undocumented Immigrants
A.B. 540 allows out-of- state residents to seek an education in California.
Brandon Ferguson
Issue date: 10/8/08 Section: News
Walking past Fullerton College Cadena Transfer Center, on the way to the cafeteria, it is easy to miss the sticker placed in the window. The simple design consists of a green ribbon with the words "A.B. 540 Safe Zone," placed above it.
Cadena Center Director Lily Espinoza explains that the sticker is a symbol of the center's mission of diversity, an attempt to create a sense of understanding and dialogue for the marginalized groups on campus.
Assembly Bill 540, a product of California's legislature, was passed in 2001. The law allows for undocumented students, as well as out-of-state students, who have attended a California high school for three or more years and received a diploma or equivalent, to pay in-state tuition fees at publicly funded colleges and universities.
"A.B. 540 allows those students, who may not have documentation,, to take advantage of the services available to all the other residents of the state of California," Espinoza said.
The law stipulates that undocumented students must agree to apply for citizenship when able to do so.
According to a press release issued by the Mexican American Legal Defense and Education Fund, the bill was recently challenged in California's Third Circuit
Court of Appeals.
Lawyers representing out-of-state U.S. residents challenged the law's validity, on the grounds that a conflict exists between the bill and U.S. law.
"Under federal law," said Garrett Roe, staff attorney for the Immigration and Reform Law Institute.
"Illegal aliens are not allowed to get in-state tuition, unless every other U.S. citizen also gets in-state tuition as well, whether or not they're residents of the state."
Nicholas Espirtitu, staff attorney for MALDEF, argues that such a conflict does not exist. "A.B. 540 was written specifically to comply with federal law," Espirtitu said. "Federal law allows for undocumented students to pay state tuition, as long as certain requirements are met. A.B. 540 was written specifically to comply with those requirements."
Cadena Center Director Lily Espinoza explains that the sticker is a symbol of the center's mission of diversity, an attempt to create a sense of understanding and dialogue for the marginalized groups on campus.
Assembly Bill 540, a product of California's legislature, was passed in 2001. The law allows for undocumented students, as well as out-of-state students, who have attended a California high school for three or more years and received a diploma or equivalent, to pay in-state tuition fees at publicly funded colleges and universities.
"A.B. 540 allows those students, who may not have documentation,, to take advantage of the services available to all the other residents of the state of California," Espinoza said.
The law stipulates that undocumented students must agree to apply for citizenship when able to do so.
According to a press release issued by the Mexican American Legal Defense and Education Fund, the bill was recently challenged in California's Third Circuit
Court of Appeals.
Lawyers representing out-of-state U.S. residents challenged the law's validity, on the grounds that a conflict exists between the bill and U.S. law.
"Under federal law," said Garrett Roe, staff attorney for the Immigration and Reform Law Institute.
"Illegal aliens are not allowed to get in-state tuition, unless every other U.S. citizen also gets in-state tuition as well, whether or not they're residents of the state."
Nicholas Espirtitu, staff attorney for MALDEF, argues that such a conflict does not exist. "A.B. 540 was written specifically to comply with federal law," Espirtitu said. "Federal law allows for undocumented students to pay state tuition, as long as certain requirements are met. A.B. 540 was written specifically to comply with those requirements."
Viewing Comments 1 - 3 of 4
Aztlan Buster
posted 10/08/08 @ 1:22 PM PST
Illegal aliens are criminals and parasites, one and all. Their very presence here and practically everything they do on U. S. soil is illegal. They need to be ferreted out, rounded up like cattle, punished for their numerous crimes, then booted back to whence they snuck in from with such extreme prejudice that they will never, ever think of violating our sovereignty again. (Continued…)
scott
posted 10/09/08 @ 7:58 AM PST
Good job reporting facts without any bias.
However, I am surprised California LEGAL resident students are not up in arms about AB540. Seems to me the more the state gives away, the more costs need to be spread to those who are paying. (Continued…)
JuanGuapo
posted 10/10/08 @ 1:12 PM PST
"AB540 Safe Zone"
I'm still trying to figure out what they're trying to protect them from. Any ideas?
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