I.D.E.A.S at UCLA Improving Dreams, Equality, Access & Success ideas@ucla.edu

Transcription

1 I.D.E.A.S at UCLA Improving Dreams, Equality, Access & Success Westwood Blvd. Community Programs Office 105 Student Activity Center, 106C Los Angeles, CA Phone: Fax:

2 Table of Contents History of AB540 Law AB540 Law Affidavit CSU Sample Affidavit UC Sample Affidavit Benefits for Undocumented Students Individual Taxpayer Identification Number (ITIN) Sample ITIN form Form instructions Contact List Frequently Asked Questions MALDEF Frequently Asked Questions 1 P a g e

3 History of AB540 Law 1985: The Mexican American Legal Defense and Education Fund (MALDEF) argued Plyler v. Doe before the Supreme Court. This decision confirmed that the children of undocumented immigrants were protected under the 14th Amendment due-process clause to receive a public education : The outcome of Leticia A. v. UC Regents and California State University System granted undocumented students the position to pay resident fees and qualify for state aid : Los Angeles Superior Court overturned the Leticia A ruling and immediately took away the right to pay resident fees and student aid opportunities : Undocumented students expected to pay non-resident fees and were ineligible for any type of state or federal aid in all UCs, CSUs and community colleges. This resulted in the numbers of undocumented students enrolled in higher education to decrease dramatically, and perpetuated the myth that undocumented students cannot attend college. October 12, 2001: Governor Gray Davis signed AB540 into law. The law allows undocumented students to pay resident fees in public colleges and universities, as long as the student graduates from a California high school with at least three years of residency. Present: AB540 students and allies begin a state movement to pass the California Dream Act. Since AB540 does not provide Federal or State Financial Aid for undocumented students, the California Dream Network was established to bring together a body of students, educators and activists who are determined to see justice prevail in California. Student movement and organizing to pass the Federal DREAM Act, which would provide undocumented students with a conditional residency after completing two years of college, is stronger than ever. See the DREAM Act Packet. 2 P a g e

4 AB540 Law Since January 1, 2002, California's Assembly Bill 540 allows students, regardless of their residency status, to pay instate tuition fees if they wish to attend the state's public community colleges and universities. California's immigrant students are also eligible or this exemption if they meet the law requirements. AB540 or California Education Code is a California State Law that allows qualifying undocumented students to pay in-state tuition at state colleges (UC System, Cal State System and Community Colleges). On October 12, 2001, Governor Gray Davis signed Assembly Bill 540 into law. AB 540, authored by Assembly Member Marco A. Firebaugh (D-South Gate), authorized undocumented students who meet specified criteria to pay in-state tuition at California public colleges and universities. Prior to AB 540, undocumented students attending the University of California, California State University and California Community Colleges were charged out-of-state tuition. Qualifications: You have attended a California High School for 3 or more years, You have or will graduate from a California High School or have attained a G.E.D., You have registered at or are currently enrolled at an accredited institution of higher education in California, You have filed or will file an affidavit as required by individual institutions, stating that you will apply for legal residency as soon as possible. Students who have already applied for legal permanent residency may already be eligible for in-state tuition. Students should speak with a school counselor and/or a immigration attorney for more information. Cost Difference AB540 reduces tuition at colleges and universities for immigrant students who were previously forced to pay out-ofstate tuition regardless of their residency in California. The difference between in-state and out-of-state tuition is significant: California Community College: $26/unit (in-state), $154/unit (out-of-state) California State University: $2,706/ year (in-state) $10,170/year (out-of-state) University of California: $5,530 (in-state) $19,740/year (out-of-state) Confidentiality AB540 requires that state colleges and universities keep student information confidential. A student's immigration status cannot and will not be reported to the INS Financial Aid AB540 DOES NOT provide financial aid to qualified immigrant students. Students who need financial assistance should ask a school counselor for referrals to scholarships or other types of loans that do not require legal permanent residency or U.S. citizenship. State Residency AB540 DOES NOT establish state residency for immigrant students. Immigration Concerns Immigrant students who have questions about legal residency should consult an immigration attorney. Not everyone will be eligible to adjust his or her immigration status. Making false statements about your immigration status creates serious problems. If you have made false statements in the past, consult with an immigration attorney immediately. Contact your local bar association for referrals to licensed immigration attorneys. Beware of immigration fraud and consult at least two immigration attorneys. 3 P a g e

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8 Benefit for Undocumented Students Undocumented students can pay in-state tuition, this makes attending college attainable. Once in college students are opened up to many resources available to them: scholarships, advice, networking, etc... o Access to health insurance through the university o Aid from professors, and research opportunities. Students are given the chance to help out one another when they are in harsh situations Having organizations like IDEAS provide moral support once students are in college. ITIN and Information This IRS form W-7 allows you to file taxes regardless whether you have a work permit or not. By completing this form you may qualify to file for an income tax return to gain some of the taxes back at the end of the year. You can also use the ITIN to apply and receive scholarships. The ITIN number may be substituted in place of the social security number in scholarships that required a social security number. The ITIN may also allow you to apply for a free bank account (Wells Fargo, Bank of America, Washington Mutual, etc), credit cards and student loans. The ITIN will not work as a Social Security Number; you will not be able to use it for work, credit cards, or applications to the Free Application for Federal Student Aid (FAFSA). 7 P a g e

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14 6. Contact List CALIFORNIA ADVOCACY CONTACTS National Network for Immigrants and Refugee Rights Arnoldo Garcia Program Director, Immigrant Justice & Rights Program 310 8th Street, Suite 303 Oakland, CA (501) Ext Services, Immigrants Rights, and Education Network, (SIREN) 1425 Koll Circle Suite 103 San Jose, CA Phone: (408) Fax: (408) California Rural Legal Assistance, Inc. 631 Howard Street, Suite 300 San Francisco, CA Phone: (415) Fax: (415) El Concilio 308 North California Street Stockton, CA Phone: (202) Fax: (209) CHIRLA-Coalition of Humane Immigrants Rights of Los Angeles 2533 West 3rd Street, Suite 101 Los Angeles, CA Phone: (213) Fax: (213) CHIRLA Korean Resource Center 900 South Crenshaw Blvd. Los Angeles, CA Phone: (323) Fax: (323) MALDEF LA- Mexican American Legal Defense and Education Fund 634 South Spring St, 11th Floor Los Angeles, CA Phone: (213) Fax: (213) SALEF- Salvadorian American Leadership and Educational Fund 1625 West Olympic Blvd. Suite 718 Los Angeles, CA Phone: (213) Fax: (213) P a g e

15 14 P a g e Frequently Asked Questions Q: Does the high school enrollment have to be at the same California school and for three consecutive years? A: NO, the three years for a student's 9th through 12th grades need not be consecutive or completed at a single California school. For example, if you attended 9th grade at a California middle or high school, left the state to attend 10th grade in another state, and returned to a second qualified California high school to complete 11th and 12th grade, you will have met the requirement. Q: What does "has graduated from a California high school or has attained the equivalent" mean? A: A student qualifies for AB540 if he or she has one of the following a. A diploma from a California high school; or b. A High School Equivalency Certificate, issued by the California State GED Office; or c. A Certificate of Proficiency, resulting from the California High School Proficiency Examination Q: If I am a student who received a high school certificate of completion instead of a regular high school diploma or GED, am I eligible for the exemption from nonresident tuition (AB540)? A: YES, provided by Education Code section , a student (other than a nonimmigrant) who attends high school for three years in California and receives a certificate of completion from a California high school is eligible for the exemption from nonresident tuition. Q: Can I utilize AB540 at a private university or technical college like USC, Stanford, Heald College, Bryman College, etc? A: NO, AB540 is utilized only by PUBLIC community colleges and universities in California (CSU/UC), therefore students attending a private institution may be charged the non-resident tuition Q: Are "home schooled" students eligible under AB540 A: A student who is "home schooled" by a parent or other person who did not hold a California teacher credential is NOT eligible, because that "school" would not meet the definition of a "high school in California" Q: Is the affidavit confidential? A: YES, the affidavit will be filed with the college or university - not the USCIS (United States Citizenship and Immigration Service). KNOW YOUR RIGHTS! As an undocumented student it is important for you to know your rights. You cannot be denied admission to a California college or university based on your immigration status You are not required to show a state issued ID and social security card to apply for admission to a California college or university You are not required to pay out-of-state, international, capital outlay, or penalty fees (which may be charged to out-of-state and/or international students) to enroll at a California college or university, if you qualify for AB540 You are not required to show proof of legal residency status or proof of application for legal residency status IF YOU NEED HELP: Some college/university staff may be unaware of AB540 or may interpret the law incorrectly. If you feel that your rights under AB540 have been denied, contact the Mexican American Legal Defense and Education Fund (MALDEF).

16 Q.: What is AB 540? Frequently Asked Questions Regarding the September 2008 California Appellate Court Ruling on AB 540 Martinez v. U.C. Regents A.: AB 540 is a California law that allows students, including undocumented students, who have attended a high school in California for at least three years and graduated or attained the equivalent of a high school diploma, to pay in-state tuition to attend California public colleges or universities. Prior to 2002, when this law became effective, undocumented immigrant students were required to pay out-of-state tuition to attend public colleges and universities in California, which is much more expensive than in-state tuition. Q.: I heard that AB 540 has been challenged in a lawsuit. What is the case about? A.: In 2005, the Immigration Reform Law Institute (IRLI), the legal arm of the Federation for American Immigration Reform, a national anti-immigrant group, filed a lawsuit in California state court challenging the validity of AB 540. The lawsuit was filed on behalf of U.S. citizens, many with no or minimal ties to California, who wanted to pay in-state tuition because California law permitted undocumented immigrants who went to California schools to pay it. The challengers claim that undocumented students unjustly receive a tuition discount that they are not eligible to receive. They sued the University of California, the California Community College system and the Cal State University system. Q.: What was the initial outcome of the legal challenge to AB 540? A.: The trial court dismissed the case. So, the IRLI appealed the trial court s decision to the California Appeals Court. On September 15, 2008, a California appellate court reversed the trial court s dismissal of the challenge to AB 540. In its ruling, the appellate court indicated that AB 540 conflicts with federal law and sent the case back to the trial court for further proceedings. The University of California has announced that it plans to challenge this latest ruling, which likely means that the California Supreme Court will be asked to review the appellate court decision before the case can return to the trial court. The California Supreme Court may or may not decide to review it. MALDEF supports Supreme Court review of the decision. Q.: What effect does the recent court decision have on AB 540? A.: AB 540 remains in full force and effect while the case works its way through the legal process. It is still the law and provides an opportunity for undocumented immigrant students to achieve a higher education. Students should not be discouraged and should continue to pursue their educational goals. Q.: I am an undocumented high school student and plan to go to college. Can I still qualify for AB 540? A.: Yes. AB 540 is still in effect. You must meet the eligibility requirements of attending a California high school for at least three years and graduating from high school or receiving the equivalent of the high school diploma to qualify under AB 540. See for all of the eligibility requirements. We encourage you to pursue a college education and take advantage of this opportunity that makes college more accessible to you. (Rev. 9/26/08)

17 Q.: If my counselors and administrators at my school are telling me that AB 540 is no longer valid, what can I do? A.: AB 540 is still the law. Do not be discouraged. You can share the information on this flyer with them to inform them of the status of the law. You can ask your principal, your school board or your district superintendent to make sure that all school officials know the status of AB 540. Q.: What is MALDEF s role in the lawsuit? A.: MALDEF sought to intervene in the lawsuit on behalf of student organizations IDEAS (Improving Dreams, Equality, Access and Success) at UCLA and UC Davis, as well as individual undocumented and U.S. citizen students who receive the AB 540 waiver. The court did not allow MALDEF to enter the lawsuit. However, MALDEF and other attorneys filed a friend-of-the-court brief in support of AB 540 students with the Court of Appeals. MALDEF argued that AB 540 is consistent with federal law and is good policy for California. MALDEF is working closely with the attorneys representing the universities and colleges to vigorously defend AB 540. MALDEF plans to file friend-of-the-court briefs if the case proceeds to the California Supreme Court. Q.: How long will it take to get a final decision in the case? A.: The legal process takes a long time. We cannot predict how long it will take. It could very likely take years. Time is on our side. As long as the case is unresolved, AB 540 remains in effect. Q.: What happens if we lose the case? A.: Undocumented students would still be able to attend public colleges and universities in California, but would have to pay out-of-state tuition, which is much more expensive than in-state tuition. Q.: Is there anything the state legislature can do right now to strengthen AB 540? A.: No. Because there is no final resolution of the legal challenge, it is premature to discuss ways for the legislature to change it. The legislature was right and does not need to revise AB 540. Q.: Is there anything Congress can do to ensure that AB 540 remains the law? A.: While AB 540 was written to comply with federal law, Congress must pass comprehensive immigration reform. Congress must also pass the DREAM Act, which will allow undocumented students paths to achieve legal status. Q.: I want to help support AB 540 students. What can I do to help? A.: You can let students know that AB 540 is still in effect and that they should take advantage of this important law that increases their educational opportunities. You can encourage your public schools, colleges and universities to vigorously support AB540. We need to influence public opinion and change negative perceptions about AB 540. Leaders in education can write articles for publication in newspapers and journals to educate the public about the public benefits of AB 540. Q.: Where can I obtain more information on AB 540 and the lawsuit? A.: Please visit our website at (Rev. 9/26/08)