Assembly Bill 540, a state bill enacted into law in 2002 that allows illegal immigrants who meet certain requirements to pay resident fees at colleges and universities, is under fire.
The law’s future is uncertain. The two Republican candidates for governor, Steve Poizner and Meg Whitman, say they will cut or end AB 540, if elected. Both cite illegal immigration as one of the top issues of their respective campaigns, and seek to end education funding for illegal immigrants, which they say will save the state money.
Excluding the UC and CSU systems, the outcome will impact just over 34,000 community college students statewide, some here at City College.
One of them is Rosa, an AB 540 City College student whose real name is not being used. Rosa came to the United States at the age of 9. Although an excellent student, she was initially discouraged during her high school years in Sacramento.
“I basically thought it wasn’t worth the time because I thought I wasn’t going to be able to go to college,” Rosa said.
Eligibility for AB 540 status requires students to have attended a California high school for three or more years and graduated or attained an equivalent degree. Students must also have begun their studies after fall 2002, when AB 540 became law, and must be attempting to legalize their status.
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“If I believe in equal access and the community college mission,” said City College English professor Travis Silcox, who made a short film about AB540 in 2008, “then I need to advocate on behalf of [AB 540] students who are here.”
AB 540 is a state law, not a federal law. Currently only nine states offer AB 540-type programs.
“Their rationale for getting rid of in-state tuition is to save the state dollars,” said City College Dean of Learning Resources Rhonda Rios Kravitz. “That is totally untruthful when you look at the numbers.”
AB 540 students make up less than 1 percent of the total student body in all three of the state’s higher education systems. Since they are not eligible for federal or state aid, all costs come out of their own pocket.
Although she tries not to, Rosa says, “I catch myself blocking out possibilities because of my status.”