AB 540 Under Attack
by Daniel Santana
Institutions of higher education may become nearly unaffordable for some college students. A recent court decision challenges the legality of the current Assembly Bill 540 law. If AB-540 is struck down, undocumented students would have to pay a greater price for their education. The issue is being settled in the courts and is catching the attention of concerned students as well as community activists across the state.
The current AB 540 law allows undocumented students to apply for payment of in-state tuition. Without this law, they would have to pay out-of-state tuition costs, which is almost triple of what California state students have to pay. The student must also have graduated from a public high school or have received a GED in the state of California. Even though this law caters to California scholars, there is disagreement on whether or not undocumented students should be waived from paying out-of-state tuition costs.
In 2005, forty-two students from nineteen states sued UC Regents in a class action lawsuit at Yolo County in Northern California. They argued that the AB 540 law in California is unconstitutional. They felt it was unfair to give undocumented benefits that other U.S. citizens did not have. They claimed that the AB 540 law put them at an unfair disadvantage when attending California public universities.
In 2006, the Yolo County Superior Court case, Martinez vs. Regents, was settled. The judge ruled in favor of the defendants. There was no clear evidence that AB 540 conflicted with federal law. The plaintiffs appealed to the court ruling. The case was heard this fall.
On September 15th of this year, the Court of Appeal in Sacramento overturned the Yollo County court ruling. Judges agreed that that AB 540 conflicts with federal law. They cited that, in accordance to the 1996 Welfare Reform Act any post-secondary benefit that applied to students based on residency status had to be extended to all eligible U.S. citizens. UC Regents are currently appealing the decision.
Although this incident may come as a scare, long-time migrant support organizations do not see it as a surprise. “This is not something new,” said a spokesperson for the Coalition of Humane Immigrant Rights in Los Angeles. These attempts to strike down the AB 540 have occurred ever since AB 540 became law she added. “There is not really much we can do as of this point,” she continued, “the appeal process takes years. It is now up to the lawyers.”
The current issue has also concerned faculty members. “It made me worried,” said Professor Rosa Furomoto, Chicana/o Studies Professor at Cal State Northridge. “It’s so typical,” she commented in regards to the attacks, “It reminds me of the Bakke Case when he was upset with affirmative action. It seems that anything that supports people of color or immigrants is attacked.” Furomoto also expressed that it would hurt faculty and school because it would affect diversity and input of ideas. “My most active students are AB 540 students,” says Furomoto, “because they’ve been through so much.”
Budget cuts are also threatening the affordability of education for migrant students. The California DREAM Act, which would have allowed undocumented students to receive financial aid grants from universities, was struck down this year by Governor Arnold Schwarzenegger. In addition, fees at the CSUs have increased 10% statewide. UC students have also suffered a 7.4% tuition increase this fall. In retrospect, as the cost of education increases, access and financial resources for undocumented students to attend California public universities may diminish.
The AB 540 Bill has not officially been struck down. Although the voices of those in positions of higher power may seem intimidating to some, there is much discussion and debate that has yet to occur. The case can take years to be brought up once again in the courts. “This is not an issue of undocumented students trying to take benefits…these are all working people contributing to tax dollars,” said Furomoto. Community supporters in support of this legislation are taking efforts to address the importance of its need. “Undocumented students contribute so much to the campus,” added Furomoto, “Students need to challenge themselves and find out how this is something that they really need on campus and find out what we can do as a community to make things happen.”
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Fall 2008
Update 1