CALIFORNIA
ASSEMBLY BILL 540:
UNDOCUMENTED IMMIGRANT STUDENTS
AND HIGHER EDUCATION IN CALIFORNIA
(last rev’d 11/16/10)
About MALDEF
The Mexican American Legal Defense and Educational
Fund is a national civil rights organization founded in
1968. Its principal objective is to promote the civil rights
of the 47 million Latinos living in the United States
through litigation, advocacy and education.
MALDEF’s National Headquarters:
634 S. Spring St.
Los Angeles, CA 90014
(213) 629-2512
Goals for Today:
1.) To provide you with information on how you can
attend college regardless of your immigration status.
2.) To provide you with information on financial
assistance for college regardless of your immigration
status.
3.) To encourage you to pursue your dreams of obtaining
a college or graduate school education.
Sigue adelante! You can face your obstacles with
strength, knowledge and perseverance. Your future is
in your hands.
Background on Undocumented
Students and Education
1982: Plyler v. Doe
The U.S. Supreme Court invalidated a Texas law which authorized school
districts to bar undocumented students from public elementary and
secondary schools.

The Court noted that this law would impose a “lifetime of hardship on a
discrete class of children not accountable for their disabling status.”
Undocumented student access to elementary and secondary education is
protected by the 14th amendment to the U.S. Constitution. All children,
including undocumented children, can attend public elementary and
secondary school free of charge.
Plyler did not address the question of postsecondary education.
Why AB 540?

Before AB 540, undocumented students, who under state law are
not-California residents, had to pay higher tuition fees than
California residents for state colleges and universities (i.e., out-ofstate tuition).

Some undocumented students had been living in California for
most of their lives, giving to their community and graduating from
a California high school. However, they could not afford the outof-state tuition college fees. Some have paths to adjust their
immigration status, and others do not.

AB 540 addressed this problem by allowing undocumented
students the opportunity to be exempt from paying out-of-state
tuition.

Federal law specifically allows for the kind of out-of-state tuition
waivers offered by AB 540.
What is AB 540?

It is a California law that allows all qualifying students,
including U.S. citizens, legal Permanent Residents and
undocumented immigrants, a waiver of the non-resident
tuition requirements.

Undocumented students who meet the requirements of
AB 540 pay the equivalent of in-state tuition at all
public colleges and universities in California.

AB 540 does not create eligibility for state or federal
financial aid.

AB 540 does not create a path to adjust your
immigration status.
Who qualifies for AB 540?
1.) You must have attended a high school in California for three or
more years.
2.) You must have graduated from a California high school or
attained the equivalent of a high school diploma (e.g., passed the
GED, or CA H.S. Proficiency Exam).
3.) You must register or currently be enrolled in a campus of one of
the three state institutions of higher learning (Community
College, Cal State or UC).
4.) You must file an affidavit (a written promise) with the college or
university stating you meet the law’s requirements and that you
have filed an application to legalize your immigration status or
will do so as soon as you are eligible. This includes students
who currently have no path for adjusting immigration status.
(The privacy of information a student shares with a college or
university is protected by federal and state law.)
Why is AB 540 Important?
Cost Difference

In the past, undocumented students were charged out-of-state tuition. AB
540 allows qualified students to be exempt from paying out-of-state
tuition, which is equivalent to paying in-state tuition.

The difference between in-state and out-of-state tuition* is significant:
California Community Colleges
$26/unit (in-state)
$190/unit (out-of-state)
California State University (per year)
$4,885 (in-state)
$10,544 (out-of-state)
University of California (per year)
$10,781 (in-state)
$33,660 (out-of-state)

* These rates are effective for the 2010-2011 academic year. The fees are
tuition only and may not include additional enrollment fees.
What are the Common Problems AB 540
Students Face?

Difficulty financing their education.

Administrative difficulties in receiving the AB 540 waiver.

Accessing the Affidavit form.

Hostility and discrimination against undocumented students.

Increasingly, due to their immigration status, college graduates
who are undocumented lack the ability to find employment
where they can utilize their college education.
What are the Financial Problems AB 540
Students Face?
 College is increasingly expensive.
 AB 540 does not provide financial aid to undocumented students.
 Undocumented students are ineligible for federal financial aid.
 AB 540 students must seek private scholarships and other
resources to fund their education.
 Using public benefits, such as financial aid, when the person is
undocumented is prohibited by law and may jeopardize their ability
to adjust their immigration status in the future. If you are receiving
financial aid and you are not supposed to, you should seek legal
advice.
How can AB 540 Students Finance their
Education?

Donations:
 Ask for donations from former teachers, principals, etc. Many people are
willing to support you. Don’t be afraid to ask.

Scholarships:
Undocumented students are eligible for many private scholarships.
For scholarship information check out www.maldef.org; www.chci.org

Fundraisers:
For example: local community markets, car washes, bake sales, and
dances. Get together with other AB 540 students and fundraise together.
Know Your Rights!
Tips to Overcome Administrative Difficulties

Students are often the best advocates. Inform school administrators
and personnel about 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/or social security
card to apply for admission to a public college or university.

If you qualify for AB 540, you are not required to pay out-of-state,
international, capital outlay or penalty fees (which may be charged to
out-of-state and international students) to enroll at a California college
or university.

You are not required to show proof of legal residency status or proof
of application for legal residency status.

Some college staff may be unaware of AB 540 or may interpret the
law incorrectly. Know your rights and stand up for yourself!
Connect to Other AB 540 Students

AB 540 students are a great resource and many
have organized AB 540 groups on their college
campuses. Check out:
http://cadreamnetwork.org/home.html

Talk to Chicana/o Studies Department staff for
assistance.

Talk to support/outreach programs at college
campuses.
Some Frequently Asked Questions About AB 540
Q: Is the process for applying to college for undocumented students
any different when applying under AB 540?
A: For all UCs and most Cal States, you must apply in November of
the year before you plan to enroll. Two sections of your college
application must be left blank:
1) Social Security Number box should be left
BLANK (unless you have a VALID social security number
issued by the Social Security Administration that may be
used for purposes other than work). You should never use an
ITIN in place of a social security number.
2) Immigration Status box should be left BLANK.
Some Frequently Asked Questions About AB 540
Q: Can I use a false social security number on my application?
A: No! It is illegal to use a false social security number on a college
or financial aid application. Using false information can jeopardize
your ability to legalize your immigration status in the future.
Q: What if I have already given the school a false SS# or other false
information?
A: If you qualify for AB 540 but have falsified information you
should seek legal advice from a licensed immigration attorney.
Some Frequently Asked Questions About AB 540
Q: I heard that AB 540 was challenged in a law suit? Is AB 540
still available?
A: Martinez v. UC Regents is a case that was filed in 2005
challenging the constitutionality of AB 540 under federal
law. The case is currently being reviewed by the California
Supreme Court. Please refer to www.maldef.org for more
information about the status of the case. In the meantime,
AB 540 REMAINS in full force and effect and the legal
challenge does not prevent eligible students from applying
for or receiving an out-of-state tuition waiver under AB 540.
You should not be discouraged from pursuing your dreams
of attaining a college education.
Possible Solutions
 Federal DREAM Act.
 State law to allow AB 540 students to qualify for state
financial aid.
 - California DREAM Act
 Comprehensive immigration reform that creates a
realistic and humane path for naturalization.
A Few Things to Keep in Mind…
 Undocumented students who have questions about legal residency
should consult a licensed immigration attorney.
 Contact your local bar association or the American Immigration
Lawyers Association www.aila.com for referrals to licensed
immigration attorneys. Beware of immigration fraud and consider
a second legal opinion.
 Immigration laws are always changing. One day you may have the
opportunity to legalize your status, even if your situation offers no
path to legalization under current immigration law.
 There are many AB 540 students who are attending college or have
graduated from UCLA, Cal State, etc. Do not give up! Your future
is in your hands.
MALDEF
Mexican American Legal Defense and Educational Fund
634 S. Spring Street, 11th Floor
Los Angeles, CA 90014
(213) 629-2512
(213) 629 0830 fax
www.maldef.org