Assisting
Undocumented Students
in Higher Education
UC Counselor Conference 2008
A Historical, Political
and Educational
Overview
Plyler v. Doe
• In 1982, MALDEF argued Plyler v. Doe before
the Supreme Court and won.
• The court held that the children of unprotected
immigrants were protected under the dueprocess clause of the Fourteenth Amendment
and were entitled to a public education.
“Leticia A” Ruling
• Leticia A, 1985: Alameda County Superior Court
ruling made it possible for undocumented
immigrants who had graduated from a California
high school to attend a California State University
and avoid out-of-state fees.
• The ruling, called the "Leticia A" decision, allowed
undocumented students to establish residency by
demonstrating intent to reside in the state for more
than a year. In addition, students were eligible to
receive state aid.
“Leticia A” Ruling
• 1985–1991: the Alameda County Court ruling on
Leticia A v. UC Regents and California State
University System establishes that undocumented
students can be treated as residents for tuition and
state financial aid purposes.
• 1991–1992: Bradford vs. UC Board of Regents Los Angeles Superior Court overturns the Alameda
County Leticia A court ruling for both the UC and
CSU systems.
“Leticia A” Ruling
• Community colleges are not mentioned in the
ruling, but they implement the new ruling.
• From 1992–2001, undocumented students
attending the University of California, California
State University and California Community
Colleges were charged out-of-state tuition.
• Several attempts were made by legislators to
introduce legislation to allow students to attend
school and pay in-state fees, but there was much
opposition.
Current State Law:
Assembly Bill 540
What is AB 540?
• On October 12, 2001, Governor Gray Davis
signed Assembly Bill 540 into law.
• AB 540, authored by the late Assembly
member Marco A. Firebaugh (D-South Gate),
authorized any students, including
undocumented students, who meet specified
criteria to pay in-state tuition at California
public colleges and universities.
AB 540 Eligibility
Students are eligible if…
 They
have attended a California high school for 3 or
more years (can be nonconsecutive).
 They have or will graduate from a California high
school or have attained a G.E.D.
 They file an affidavit as required by individual
institutions, stating that they will apply for legal
residency when they are eligible to do so.
They must register at or enroll in an accredited
institution of higher education in California.
What are AB 540’s advantages and
disadvantages?
• AB 540’s singular provision is to provide in-state
fees for unprotected immigrant students.
• AB 540 does not change a student’s resident status.
• AB 540 does not provide access to federal or state
financial aid.
Can a non-eligible AB 540 student
attend a college or university?
• A non eligible AB 540 student is one who does not
qualify for the AB 540 waiver.
 YES,
they can attend as long as they meet the
admissions criteria and are accepted by the college
or university.
BUT:
In most situations, they will not be eligible for instate fees.
 They are also prevented from working unless they
have a worker’s permit—which most do not.

Are undocumented students eligible for
direct student aid or support services?
• Both eligible and non-eligible AB 540 students will
NOT qualify for public in-state or federal financial aid-in most cases.
• They are eligible for private scholarships not requiring
U.S. citizenship or legal residency.
• They are also eligible for most UC student support
services (e.g., EOP/AAP, etc.).
• They are not eligible for federal programs (e.g., TRIO Upward Bound, SSS, Talent Search).
Financial Aid Eligibility
• Since financial aid is considered to be domestic
assistance, it is available only to citizens or permanent
residents or to those who are in this country for other
than a temporary purpose.
A
student who is in the U.S. on an F-1 or F-2 student visa is,
by definition, here for a temporary purpose and therefore is
not eligible.
• A non-citizen with permanent resident status in the
U.S. will hold either form K-151 or form I-551 (Alien
Registration Card or "Green" Card). The student is
eligible for the federal financial aid.
Proposed and Current
State Legislation
What is the California Dream Act?
• The California Dream Act SB 1301 is a state
legislative proposal that allows AB 540–eligible
students to apply and compete for campus
financial aid at California public colleges and
universities.
• This is the third version that will make it’s way
to the Governor’s desk.
What law will the California Dream
Act specifically change?
• Amend the Donahoe Higher Education Act
• Require the CSU and California Community Colleges (and
request UC) to establish procedures and forms for AB 540–
eligible students to be eligible to receive institutional
financial aid awards.
• It would define institutional financial aid as financial
assistance offered by a campus of the California
Community Colleges, California State University or
University of California, including grant, scholarship, work
study and loan programs. The bill would specify that
institutional financial aid does not include a board of
governors fee waiver.
Other State Initiatives
• To date, 10 states have passed legislation to allow
undocumented students to enroll in colleges and
pay resident fees.
• Other states are reviewing similar bills.
State
Year of Passage and Financial
Law Number
Aid
Texas
2001- HB 1403
YES
California
2001- AB 540
NO
Utah
2002 - HB 144
NO
New York
2002 – SB 7784
NO
Washington
2003 – HB 1079
NO
Illinois
2003 – HB 0060
NO
Oklahoma
2003 – HB 1559
Limited
Kansas
2004 – HB 2145
NO
New Mexico
2005 – SB 582
YES
Nebraska
2006 – LB 239
NO
Implications and Shortcomings
of State Bills
• Interpretation in the implementation process from one
district to another, from one system to another
• Proof of required documentation varies.
• Interpretation of the 3-year-equivalency rule
• Training is necessary to inform educators and the
public.
• Does not exempt students from graduate tests or allow
them to apply for state credentials, i.e., teaching,
nursing, etc.
Proposed
Federal Legislation
What is the DREAM Act?
• The Development, Relief, and Education for Alien
Minors Act (DREAM Act)
• Bipartisan legislation sponsored in the Senate by
Richard Durbin (D-IL), Chuck Hagel (R-NE) and
Richard Lugar (R-IN), and in the House by Lincoln
Diaz-Balart (R-FL), Howard Berman (D-CA) and
Lucille Roybal-Allard (D-CA)
• Addresses the situation faced by young people who
were brought to the U.S. years ago as undocumented
immigrant children but who have since grown up
here, stayed in school and kept out of trouble
What will the DREAM Act do?
•
Under the DREAM Act, high school graduates would be
permitted to apply for up to 6 years of legal residence conditional
status.
•
During the 6-year period, the student would be required to
graduate from a 2-year college, complete at least 2 years toward a
4-year degree or serve in the U.S. military for at least 2 years.
•
Permanent residence would be granted at the end of the 6-year
period if the student has met these requirements and has
continued to maintain good moral character.
•
Eliminate a federal provision that discourages states from
providing in-state tuition to their undocumented immigrant
student residents, thus restoring full authority to states to
determine state college and university fees.
Student Profile
Who are these
undocumented students?
• Are NOT all Latinos
• They come from many countries, brought to this
country by their parents and have been raised in the
United States like their U.S. citizen classmates.
• Were brought to the U.S. at a very young age
• Have been raised here since childhood and therefore
know no other country
• Were brought to the U.S. without legal
documentation, or were brought with a visa that was
allowed to expire
Who are these
undocumented students?
• May not even realize that they are in violation of U.S.
immigration laws
• Come from low-income families where parents often earn
less than minimum wage
• Often work 30-40 hours a week to help sustain the family
and pay for their education
• Are often high achievers who have excelled academically
throughout their schooling
• Are honest and hardworking adolescents and young adults
who strive for academic as well as professional excellence
Barriers and Challenges
Barriers and Challenges
Personal deterrents for students include:
• Limited financial support from family to help cover the
cost of fees, books and personal expenses
• Transportation (commuting on the bus for hours each
way because they can not afford to live in university
housing)
• Working excessive hours (no work = no education)
• Family obligations — helping with household and sibling
responsibilities
• Fear of being detected by immigration authorities
Barriers and Challenges
Educational deterrents include:
• Inability to obtain financial aid from the institution
• Inability to pursue academic careers that require state
licensing, background checks or Social Security numbers
(nursing, law, teaching, etc.)
• Inability to travel and participate in conferences, field trips or
research colloquiums
• Inability to accept paid internships or qualify for on-campus
student employment
• Inability to provide CA identification affecting the ability to
take tests for graduate school, i.e., GRE, MCAT and/or
LSAT
• Inability to work in the chosen professional field after
graduation
Barriers and Challenges
Institutional deterrents consist of:
• Staff’s lack of knowledge regarding AB 540
provisions and regulations
• Overall lack of commitment by campuses to serve
AB 540 students
• Insensitivity, rudeness and demeaning attitude
• Students being turned away or denied access for
failure to provide unnecessary documentation such as
a Social Security number, driver’s license and/or
residency documentation
Building a Support Network
Campus Resources:
• Identify official campus representative(s) to be liaison
for students
• Identify campus allies and safe zones
• Establish student organizations
• Find community organization referrals
• Seek reputable legal assistance
• Create mentoring programs
• Develop a book loan/bank program
Building a Support Network
AB 540 students should receive:
• Respect as students and as human beings
• Creative solutions and options to enrich their educational
experience
• Emotional support and understanding of their personal
challenges by the institution, faculty, staff and other
students
• Counseling support that is knowledgeable about their
challenges and helps to address their concerns/frustrations
• Confidentiality and safety
• Sensitive and culturally competent advising from faculty
and staff
How can you help?
Get Involved:
• What program, resources and ideas do you have on
your campus to assist AB 540 students?
• What strategies have been developed to advocate
for AB 540 students at your campus?
• How do AB 540 students advocate for themselves
on your campus?
Resources
• National Immigration Law Center - Josh Bernstein
 www.nilc.org
• MALDEF: Mexican American Legal Defense and Educational Fund
 www.maldef.org
• Coalition for Humane Immigrants Rights of Los Angeles
 www.chirla.org
• AB 540 Resource Guide
 www.usc.edu/dept/chepa/pdf/AB%20540%20final.pdf
• AB 540 Online Student Resources
 www.decolonizing.com/ab540.htm
• Educators for Fair Consideration
 www.e4fc.org/educationandoutreach.html
Scholarship Resources
• Mexican American Legal Defense and Education Fund

www.maldef.org/pdf/Scholarships.pdf
• Paying for College Student Resource Guide

www.house.gov/roybal-allard/2008_Resource_Guide.pdf
• Latino College Dollars

www.latinocollegedollars.org/directory.htm
• Salvadoran-American Leadership and Educational Fund

www.salef.org
Questions? Contact Us…
Alex Delgadillo, UC Merced
adelgadillo@ucmerced.edu
(209) 228-4625
Monica Galvan, UC Santa Cruz
monna@ucsc.edu
(831) 459-1778
Alfred Herrera, UCLA
aherrera@college.ucla.edu
(310) 267-4441