A group of 42 non-California-resident students is suing the
University of California over its policy allowing some undocumented
immigrant students to pay tuition and fees as in-state residents,
bringing in another element in the controversy regarding
undocumented immigrants and their status in the U.S.
The group contends that it is unfair and against California law
for legal residents to pay higher student fees and tuition than
students who are here illegally.
California residents pay a fee, excluding room and board, of
$7,062.23 annually, while out-of-state students pay $24,882.23.
“We brought this case to ensure that California follows
federal law and to protect the equal rights of U.S. citizens at
California universities. This is an example of a handful of states
disregarding federal law and undermining law enforcement and
treating U.S. citizens unfairly,” said Kris Kobach, one of
the lawyers representing the out-of-state students, in a
statement.
Passed in 2001, California Assembly Bill 540 authorized that
public universities in California cannot charge out-of-state fees
to immigrant students, regardless of their legal status, who
attended California high schools for three years and also
graduated.
Ira Mehlman, spokesman for the Federation for American
Immigration Reform, contends that AB 540 is void and illegal under
a 1996 federal statute that mandates a state must make available to
all U.S. citizens, no matter what state they are a part of, any
benefits they make available to any illegal immigrants.
And Kobach believes this violation of federal law by California
lawmakers was intentional.
Kobach said former Gov. Gray Davis first vetoed the bill in 2000
because it violated federal law; however, it returned in 2001,
passing through the Legislature once more and Davis let it come
into effect without his signature.
“The Legislature knew they were violating federal law but
they went and did it anyway,” Kobach said to the New
University, a student newspaper at UC Irvine.
If the lawsuit is ruled in the plaintiffs’ favor, AB 540
may be repealed, and the government of California could have to
reimburse approximately 60,000 nonresidents who paid the higher
tuition since the law passed. Also, illegal immigrants could have
to pay the out-of-state tuition fees.
But Nicolas, a second-year communication studies and Spanish
student who did not disclose his full name for legal reasons, said
people should consider what will happen to all the undocumented
immigrant students who are already struggling to afford an
education.
“Before the law passed, it seemed like one in a million
undocumented students would go to college. Students were sometimes
discouraged from trying in high school because there were no
opportunities in college. Reversing the law is like a step
back,” Nicolas said.
Nicolas is like any other normal college student. He wears a
green track jacket that fits snugly onto his shoulders, keeping up
with the ever-changing clothing trends. He dreams of being a
broadcast journalist. He attends class and keeps up with his
work.
But Nicolas knows in the back of his mind that he does not
legally exist in the U.S.
In 1999, Nicolas and his family came to the U.S. from Argentina.
They had attained travel visas, but overstayed their trip.
Mehlman said that although undocumented students did not make
the choice to come to the U.S., they are still here illegally.
“Even though the kids themselves didn’t consciously
violate the law, in any other situation where the parents violate
the law, the children must pay for it even if they didn’t do
anything wrong. We hold your parents responsible for that,”
Mehlman said.
Another effort to provide benefits for undocumented students
includes the Development, Relief, and Education for Alien Minors
Act, which was reintroduced to Congress last November.
The DREAM Act proposes that conditional legal status be
established for those who were under 16 when they entered the
country, have been in the country for at least five years, and have
received a high school diploma or been accepted to college. This
six-year conditional status would then turn into permanent status
for those who finish two years of college.
It would also allow states to pass laws such as AB 540.
Harsh Shah, a second-year communication studies student,
understands where Nicolas is coming from.
“It’s more difficult for illegal immigrants to
assimilate and adjust to this culture, finding a job and living
their life here. I’m still a strong believer that education
is a right, not a privilege. I don’t see why we
shouldn’t be able to give preferential treatment to those who
need it, especially in regards to education,” Shah said.
But not all students agree.
Jon Hosenpud, a third-year computer science student from Oregon,
said it is unfair that he has been living in the U.S. his entire
life, yet students who have been living here for a shorter amount
of time, in addition to living here illegally, pay lower student
fees than he does.
Although Nicolas is working gradually for legal documentation,
he is still not sure what will happen to him or other students if
the lawsuit succeeds.
“No one has anything to gain from this lawsuit. The
out-of-state students aren’t going to be given in-state
tuition permanently. The university’s not going to save a lot
of money. The only people that have something to lose are people
like me. I’m trying to stay positive and not really think
about what could happen, but it really is in the back of
people’s minds. You hope for the best,” Nicolas
said.