The California Supreme Court will soon decide on a case that is about much more than tuition rates for undocumented students “”mdash; it is about keeping the doors open to all Californian students who have earned their way into the UC system, regardless of their citizenship.
AB 540, a state law offering in-state fees to undocumented students who graduated from California high schools, is under attack in the courts. The public has great misconceptions of what this law does and who exactly it will and will not benefit.
The fact is that this law does not offer benefits to illegal aliens, as prosecutors argue. Rather, it represents a rightfully deserved opportunity for students who have attended California schools.
Many students are currently struggling to pay in-state tuition even with financial aid. Undocumented students are already barred from federal financial aid, work-study opportunities and Cal Grants and must manage to pay their fees in full.
AB 540 offers one small protection for students whose parents entered this state illegally and brought their kids along. The UC system was built on the premise of offering a world-class education to all California residents, and to force undocumented students to pay the $22,000 premium that non-residents pay would force the majority of these students out of the system, greatly narrowing the talent pool.
Courts below the California Supreme Court have upheld AB 540 in their dealings with Martinez v. Regents, citing varied legal reasons such as the 14th Amendment of the United States Constitution, which includes the Equal Protection Clause, federal statutes and state laws.
Overturning AB 540 would perpetuate inequalities that currently marginalize undocumented students actively seeking avenues of positive contribution to society.
It is baffling how students from other states are eligible for in-state tuition after only living in California for two years, yet undocumented students who went through the same vigorous admissions process as other UC students and have lived here for longer, are not.
While difficult to track, undocumented students are often more involved than we may think. The vast majority of them grew up in California, attended its high schools and built relationships with the community. For many, the fact that they lack proper documents was a secret not revealed until it was time to apply for financial aid.
All students attending a UC have earned their right to be here.
None should be pushed away from an education which they rightly deserve.
Education has been and will continue to be the great equalizer, and the Supreme Court must uphold AB 540.