Amid the current national controversy surrounding illegal
immigration to the United States, the University of California is
facing a lawsuit over fees paid by undocumented students for higher
education.
Last December, 42 non-California-resident students sued the UC
over its policy that allows certain undocumented immigrants to pay
the same fees as in-state residents.
They argue that this policy is inconsistent with federal law,
which requires that any benefits made available by a state to
undocumented immigrants must also be made available to residents of
the 49 other states.
Assembly Bill 540, passed in 2001, stated that
non-California-resident students would pay the same fees as
in-state students, regardless of their legal status, as long as
they graduated from a California high school and attended high
school in California for at least three years.
Ricardo Vazquez, a spokesman for the UC, said that the UC
policies are in line with state law, and the policy is not meant to
specifically support undocumented immigrants.
“This is not a benefit based on (legal or illegal)
residency status. In fact, the vast majority of students who
receive the benefits are actually U.S. citizens and/or legal
citizens,” he said.
“The issue for us had nothing to do with illegal
immigration but conforming the UC policies with state
law.”
He added that the UC policy is aligned with other public
institutions of higher education in California, such as the
California State University and community colleges, with the hopes
of reducing confusion for parents and students.
For the 2004-2005 school year, about 70 percent of the students
who received the AB 540 tuition exemption were either U.S. citizens
or legal residents.
The remaining 30 percent could have been undocumented students,
but were not definitely.
Immigration is an issue that faces constant media attention in
Southern California, which hosts a large Hispanic population.
Susan Cox, spokeswoman for Los Angeles Unified School District,
said 72 percent of the student population in the district is
Hispanic, though the district does not keep track of how many are
undocumented students.
“When our students register, there are certain documents
they need to show (such as) immunization, proof of residence and
birth certificates. We don’t distinguish … students that
enroll in our school as long as they provide the proper
credentials,” she said. “We’re not Big Brother
tracking who’s here legally and illegally.”
But Ira Mehlman, a spokesman for the Federation of American
Immigration Reform, said he believes undocumented students should
not be admitted to state schools, let alone be allowed to pay the
same fees as those of in-state residents for higher education.
“The number of seats in the UC is a finite resource. By
admitting people who are in the country illegally, you are
essentially saying no to someone else … that has played by the
rules,” he said.
While undocumented students may be admitted to public
institutions of higher education, they are not entitled to federal,
state or university financial aid.
Martha, a UCLA student who immigrated to the United States when
she was 10 years old and requested her last name not be used, said
she believes this already makes it difficult for immigrant families
to finance an education, and it would make it virtually impossible
for them to attend college if they had to pay the tuition of
out-of-state students.
“I always went to school thinking that I would go to
college, but when I was a junior in high school, AB 540
didn’t exist and I realized I couldn’t go to college
because … my mother couldn’t have provided for it,”
she said.
AB 540 was approved in 2001, before Martha’s freshman year
at UCLA, which allowed her to pay the in-state fees for the
university.
Martha said she hopes that AB 540 will not be overturned as a
result of the lawsuit against the UC.
She said it would make it extremely difficult for her to go to
graduate school and would prevent her younger sister from attending
college.