A bill being reviewed in the state Assembly would expand
availability of campus-based financial aid to anyone eligible for
in-state tuition, including undocumented students.
California Senate Bill 160, proposed by UCLA alumnus Sen.
Gilbert Cedillo, D-Los Angeles, would give students who have
attended a California high school for three years and are eligible
for in-state tuition access to campus-administered financial aid
such as University of California grants and loans.
The bill would make such aid available to undocumented students
who are currently unable to apply for financial aid because it is
administered through the FAFSA, which requires a Social Security
number to apply.
SB 160 has passed by the state Senate and is currently being
amended in the Assembly.
Campus-administered financial aid, such as UC grants, cannot be
used to cover out-of-state tuition costs, but under SB 160 would be
made available to noncitizens who qualify for residency under the
standards set out in California Assembly Bill 540.
AB 540, which was signed into law in 2001, allows students who
attended California high schools for three years to pay only
standard fees and not nonresident tuition ““ a difference of
more than $17,000 for undergraduates.
Opponents to SB 160 say the bill does not align with federal law
and that noncitizens would have benefits citizens do not. But some
say the legislation will improve access to higher education.
SB 160 would have its largest impact on students who do not have
citizenship, because they are not eligible for federal student aid
programs or Cal Grants. Under SB 160, students could apply for
campus aid separately from FAFSA.
SB 160 would not just provide aid to undocumented students, but
also citizens who would not be considered in-state residents
without AB 540.
About 70 percent of AB 540 students are citizens or legal
residents, said UC spokesman Ricardo Vazquez.
It is likely that only the undocumented students would apply for
state aid separately, said Cedillo’s spokesman Eric Guerra,
because citizens who were ineligible for campus-administered aid
before SB 160 could acquire it by filling out the FAFSA.
Though undocumented students no longer have to pay out-of-state
tuition if they meet AB 540 requirements, it can still be difficult
to pay for even in-state fees, Guerra said.
“There are some small scholarships but it’s just not
significant enough to really make an impact,” Guerra
said.
AB 540 was challenged in the courts in January by nonresident
students who have been paying out-of-state tuition and say AB 540
is not in line with a 1996 federal law forbidding benefits being
extended to noncitizens that aren’t available to all U.S.
citizens.
The UC, which voted to align its tuition policy with AB 540 in
2002, is fighting the lawsuit.
“UC believes our policies are indeed consistent with
federal law,” Vazquez said.
The UC would have to decide whether to adopt the SB 160 policy
if the bill passes, as the bill only explicitly requires the
California State University system to abide by it.
If AB 540 is found to be against federal law, SB 160 would also
be denied, Guerra said.
Brian Bilbray, a former San Diego congressman who is running for
reelection, said colleges and states have been too lenient in
allowing undocumented immigrants to attend schools and receive
aid.
“State government should not be trying to supersede the
federal government,” Bilbray said.
Bilbray is running on a strong anti-illegal immigration platform
and is a part of the lawsuit challenging AB 540, as his two
children pay out-of-state tuition.
Proponents of the legislation say that undocumented students are
not the only ones to benefit from it, and that California’s
economy could benefit as well because the measure will help keep
college-educated people in the state by lessening the cost of their
education.
“Its an anti-brain-drain (policy),” Guerra said.
“We’re retaining our high school investment.”