Federal and State Context

Federal and State Support

Undoumented Students can go to college in California. Here are state and federal laws and programs that support undocumented community members.

What is AB 540?

Assembly Bill 540 (AB540) is a law that was passed in 2001 that allows undocumented students who meet certain requirements to pay resident instead of non-resident tuition fees in California public colleges and universities. For additional information visit: California Student Aid Commission

What is the California Dream Act?

The California Dream Act refers to Assembly Bill 130 & 131 that passed through California legislature in 2011. AB 130 & 131 enabled eligible undocumented students to receive state funded financial aid and privately funded scholarships. The California Dream Act has nothing to do with immigration or pathway to citizenship. It is only for the purposes of receiving state financial aid.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is an executive order by the Obama Admisitration announced in 2012, which grants undocumented youth recipients a social security number, work authorization & driver license/identification. DACA does not currently provide a long term pathway to citizenship. 

Is DACA Fully Active Again? Yes!

In compliance with an order of a United States District Court, and effective Dec. 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to Sept. 5, 2017, and in accordance with the Court’s Dec. 4, 2020, order; Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to Sept. 5, 2017, and in accordance with the Court’s Dec.4, 2020, order;

• Accepting applications for advance parole documents based on the terms of the DACA policy prior to Sept. 5, 2017, and in accordance with the Court’s Dec. 4, 2020, order;
• Extending one-year grants of deferred action under DACA to two years; and
• Extending one-year employment authorization documents under DACA to two years.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.

DHS will comply with the order while it remains in effect, but DHS may seek relief from the order.

Make an Appointment with an Attorney

Butte College students can make an appointment with our Free Immigration Legal Services.  To get started on your DACA application call or text 530-815-9870.

What is the DREAM Act?

The Federal Development, Relief, And Education for Alien Minors (DREAM) Act. The goal of the Federal DREAM Act was to create a pathway to citizenship for undocumented youth who grew up in the United States. It was first introduced in Congress in 2001.

However, to this day, the Federal Dream Act has not yet passed. 

For information about DREAM ACT 2017 please visit: http://www.nilc.org/wp-content/uploads/2017/07/DreamAct2017-summary-and-facts-2017-07-24.pdf  

What would a clean Dream Act be? http://www.nilc.org/wp-content/uploads/2017/10/Clean-Dream-Act-1pg-2017.pdf

 

What is SB150?

Senate Bill 150 passed 2013, where concurrently enrolled students (high school students enrolled in college classes) who are classified as non-resident students for fee/tuition purposes may be eligible for the SB150 waiver of non-resident fees while still in high school. Students must be part-time (enrolled in 11 units or less) who currently reside in California and are attending high school in California.

What is AB60?

Governor Brown signed AB 60 into law in 2013, which directs the Department of Motor Vehicles (DMV) to issue a driver’s license to any California resident who is eligible, regardless of immigration status. This means that an applicant who is undocumented can receive a driver’s license under AB 60.
AB 60 Driver's License Frequently Asked Questions: http://www.ilrc.org/sites/default/files/resources/ab_60_4_27_15.pdf

What is SB1159?

Senate Bill 1159, signed into law by Governor Brown in September of 2014, will allow individual applicants for professional licenses to use either a Social Security Number (SSN) or Individual Tax Identification Number (ITIN) in their process to seek licensure. The bill also prohibits, except as specified, any entity within the department [of consumer affairs] from denying licensure to an applicant based on his or her citizenship status or immigration status.

What is AB21?

AB 21 passed 2017, requires the governing boards of community college districts, Trustees of the California State University, colleges of the Association of Independent California Colleges and Universities, and requests the University of California, consistent with state and federal law, to refrain from disclosing personal information concerning students, faculty, and staff.

What is AB134?

Among other provisions unrelated to higher education, AB 134 an additional $10 million in financial aid for Dreamers in the California Community Colleges, California State University, and University of California systems. The community college allocation is $7 million to campuses for emergency financial aid resources to students affected by President Trump’s decision to rescind the DACA program. 
Additional information regarding this program is available here: http://extranet.cccco.edu/Divisions/StudentServices/FinancialAid/FinancialAidPrograms/eda.aspx

What is AB343?

AB 343 passed 2017, exempts California Community College students who are refugees or special immigrant visa holders, who upon entering the United States settled in California, from paying nonresident student fees. The bill also authorizes a community college district to claim these students for apportionment purposes.

What is SB54?

SB 54 passed 2017, establishes restrictions on the use of state agency or department money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes.

What is SB68?

SB 68 passed 2017, expands eligibility for the exemption from paying nonresident tuition at California’s public postsecondary institutions, as established under AB 540 (Firebaugh, Chapter 814, Statutes of 2001), to students who attended, or attained credits earned while in California, equivalent to three or more years at an elementary school, secondary school, adult school and/or California Community College. The bill also allows a student to combine attendance or credits earned at these institutions to meet the statutory requirements for the nonresident tuition exemption.