New California law allows non-immigrants to pay resident tuition in colleges and universities

Dear Atty. Gurfinkel:

My family and I have been out of status for several years. My kids are very bright and they want to go to college. My son, who just graduated from high school in California, learned that in order to go to college, he has to pay non-resident tuition, which is almost three times the tuition for citizens and immigrants, because he is not a "legal" immigrant. I cannot afford to send my children to college because of the high non-resident tuition. Is there a way for my son to enrol in college without paying the high non-resident tuition?

G.M. Los Angeles


Dear G.M.,

Many people who have not legalized their status, or who are still awaiting their green cards, have the same worries as you. I know that for all Filipinos, college education for their children is of paramount importance. It is truly unfortunate that state laws prevented many bright students from enrolling in colleges, because of the very high tuition imposed on "non-residents" because of their immigration status.

Many of these students were in the public elementary and high school systems for years. Now that they are ready to go to college, they find out that they have to pay the much higher non-resident fees.

Because of these laws, many deserving students were unable to continue their education. The situation prevented many young people from obtaining the college education they want, although their parents paid state and federal taxes for years, and some parents have become legal residents themselves.

However, there is now good news for students wanting to go to college. A recent bill signed into law by California Governor Gray Davis on October 12, 2001, should remove much of the students’ and parents’ worries. AB 540 allows certain undocumented students to pay "in-state tuition" in California state universities and community colleges. The California legislators have finally realized that availing college education to more people would benefit the state and society as a whole. In fact, the Regents of the University of California have also voted to extend this privilege to students enrolling at the University of California campuses, such as UCLA, etc.

To be eligible to pay in-state tuition, the students must meet the following basic requirements:

The student must have attended a California high school for at least three years;

The student must have graduated from a California high school; and

If the student "is an alien without lawful immigrant status", the student must submit an affidavit to the college stating that he or she has filed an application for legal status to the Immigration and Naturalization Service (INS), or will file an application as soon as he or she is eligible to do so.

Note: "Student information obtained in the implementation of this section is confidential."

Based on the information you provided, your son may be eligible to attend a California college or university, without paying non-resident tuition. Your son could enroll and use the provisions of the recently-approved AB 540. You don’t have to worry about the INS knowing about your son’s immigrant status, because the law specifically states that all information furnished to the college or university shall be "confidential".

I know that the passage of AB 540 is a welcome relief for thousands of parents who have long yearned for their children to obtain college education, but were unable to pay the high non-resident tuition required by community colleges and state universities in California.

However, AB 540 should not lull these people into believing that they can now sit back and relax, and not worry about their immigration situation. Remember, the law requires that the student submit an affidavit that he or she has filed (or will file) an application to legalize his or her status. This could be accomplished by the child’s parent (as a child under 21 years of age could be legalized derivatively through their parent, such as if the parent was petitioned through labor certification). Although the problem of education for the children is partially solved for now, there is always the possibility that another anti-immigrant sentiment could lead to the repeal of the law. There are many other concerns brought about by their illegal status that they need to worry about, including the ability to gain legal and well-paying job, driver’s license, Social Security number, and the fear of being discovered and deported.

Legalizing one’s status should continue to be a top priority for people who are not yet in legal immigrant status, not only for themselves, but more importantly, for their children. I suggest you consult with a reputable attorney, who can analyze your situation and help you legitimize your status the legal way.