DEAR CAL COMMUNITY,
ON WEDNESDAY, FEBRUARY 17 RISING IMMIGRANT SCHOLARS THROUGH EDUCATION (RISE) AND I PRESENTED A POWER POINT PRESENTATION TO THE ASUC SENATE TITLED “AB540 UNDOCUMENTED STUDENTS.” THE PURPOSE OF THE PRESENTATION WAS AS FOLLOWS. FIRST, TO PROVIDE ACCURATE INFORMATION ON UNDOCUMENTED STUDENTS AND WHAT IT MEANS TO BE AB540. SECOND, TO SEEK UNANIMOUS SUPPORT FROM THE SENATE TO PASS A RESOLUTION IN SUPPORT OF THE D.R.E.A.M. ACT HR 1751/S.729. AFTER A GREAT PRESENTATION, INCREDIBLE MULTI-ETHNIC COMMUNITY SUPPORT, AND ANSWERING VARIOUS SENATORS QUESTIONS àWE SUCCESSFULLY PASSED THE RESOLUTION WITH UNANIMOUS SUPPORT!
I WANTED TO THANK THE COMMUNITIES, ESPECIALLY THE LATINO COMMUNITY, THAT CAME OUT TO SUPPORT THE PRESENTATION AND THE RESOLUTION ON WEDNESDAY. THANK YOU TO THE AB540 STUDENTS WHO BRAVELY MADE THEIR VOICES HEARD. I AM VERY PROUD OF EVERYONE!
IMPORTANT FACTS…
WHO ARE UNDOCUMENTED STUDENTS?
BORN OUTSIDE OF THE USA, MANY WHO HAVE LIVED WITHIN THE USA FOR SIGNIFICANT PORTION OF THEIR LIFE, AND WHO RESIDE WITHOUT THE LEGAL PERMISSION OF THE FEDERAL GOVERNMENT.
SOME ENTERED LEGALLY ON WORK OR TOURIST VISAS AND OVERSTAYED
OTHERS ENTERED WITHOUT ANY LEGAL IMMIGRATION STATUS
SOME STATISTICS…
US CENSUS ESTIMATES IN 2000, 2.5 MILLION UNDOCUMENTED YOUTH UNDER AGE OF 18 IN USA
EACH YEAR ABOUT 65,000 UNDOCUMENTED STUDENTS GRADUATE FROM USA HIGH SCHOOLS
40% OF ALL UNDOCUMENTED STUDENTS LIVE IN CA
MANY UNDOCUMENTED STUDENTS HAVE EXCELLED AS HONOR STUDENTS, VALEDICTORIANS ETC.
ARE UNDOCUMENTED STUDENTS ELIGIBLE FOR FEDERAL FINANCIAL AID?
NO! NOT ELIGIBLE FOR STATE OR FEDERAL FINANCIAL AID. IN EXAMPLE: STATE à CAL GRANT AND FEDERAL à FAFSA
ARE NOT ELIGIBLE FOR MANY SCHOLARSHIPS
WHAT IS AB540?
ASSEMBLY BILL 540 WAS SIGNED INTO LAW ON OCTOBER 12, 2001, AUTHORIZING ANY STUDENT WHO MEETS SPECIFIC CRITERIA TO PAY INSTATE TUITION AT CA PUBLIC UNIVERSITIES AND STATE COLLEGES à CC, CSU, UC
AUTHORED BY MARCO A. FIREBAUGH
TEXAS WAS THE FIRST STATE TO PASS SUCH LEGISLATION à 10 OTHER STATES WITH SIMILAR
AB540 ELIGIBILITY REQUIREMENT
MUST HAVE ATTENDED CA HIGH SCHOOL FOR 3 YEARS
MUST HAVE GRADUATED FROM CA HIGH SCHOOL OR ATTAINED ITS EQUIVALENT FROM
MUST HAVE REGISTERED OR CURRENTLY BE ENROLLED IN ACCREDITED INSTUTION OF HIGHER EDUCATION IN CA
MUST HAVE FILLED OR WILL FILE AFFIDAVIT AS REQUIRED BY INDIVIDUAL INSITUTITONS.
YOU MAY NOT BE A NON IMMIGRANT HOLDING A VALID LETTERED NON IMMIGRANT VISA.
WHO USES AB540?
¢MAJORITY OF AB540 UNDERGRADUATE STUDENTS ARE DOCUMENTED à IN 2006 716 WERE DOCUMENTED AND ONLY 380 WERE POTENTIALLY UNDOCUMENTED
¢MAJORITY OF AB540 STUDENTS WERE NOT LATINO à DIVERSITY OF ETHNIC GROUPS THAT BENEFIT
¢LARGE PERCENT ARE ALSO GRADUATE DOCUMENTED STUDENTS
A RESOLUTION IN SUPPORT OF THE D.R.E.A.M. ACT HR 1751/S.729
AUTHORED BY CYNTHIA NAVA ZAVALA
SPONSORED BY SENATORS: CYNTHIA NAVA ZAVALA, LEAN DELEON, CHANEY SAEPHAN, ANISH GALA, ARIEL BOONE, CHRISTINA OATFIELD, CHRISTOPHER FRANCO, EMILY CARLTON, EUNICE KWON, HUDA ADEM, JONATHAN GAURANO, J.P. SHAMI, MINJI KIM, NHU NHU NGUYEN, NOAH STERN, PARTH BHATT, RAHUL PATEL, SAM LEE, SANDRA COHEN, VIOLA TANG
WHEREAS, APPROXIMATELY 65,000 UNDOCUMENTED CHILDREN WHO HAVE LIVED IN THE UNITED STATES FOR FIVE YEARS OR LONGER GRADUATE FROM HIGH SCHOOL EACH YEAR[1]; AND,
WHEREAS, THE SUPREME COURT RULED IN PLYER V. DOE (1982)[2] THAT BECAUSE THESE CHILDREN ARE “PERSONS” UNDER THE CONSTITUTION ARE THUS ENTITLED TO EQUAL PROTECTION UNDER THE LAW ACCORDING TO THE 14TH AMENDMENT AND CANNOT BE DENIED ACCESS TO PUBLIC ELEMENTARY AND SECONDARY EDUCATION ON THE BASIS OF THEIR LEGAL STATUS; AND,
WHEREAS THE CALIFORNIA COMMUNITY COLLEGES, THE CALIFORNIA STATE UNIVERSITY AND THE UNIVERSITY OF CALIFORNIA SYSTEM WERE FOUNDED, AS STATED IN THE CALIFORNIA MASTER PLAN OF HIGHER EDUCATION, TO SERVE THE PUBLIC OF THE STATE; AND,
WHEREAS, UNDOCUMENTED STUDENTS IN CALIFORNIA, AND THROUGHOUT THE NATION, HAVE DEMONSTRATED EXEMPLARY LEVELS OF ACHIEVEMENT, WHILE FACING THE HARSHEST FINANCIAL CONDITIONS; AND,
WHEREAS, ASSEMBLY BILL 540 (AB 540)[3], AUTHORED BY ASSEMBLYMAN MARCO FIREBAUGH, PROVIDED THE FIRST STEPS TO ACCESS TO HIGHER EDUCATION FOR UNDOCUMENTED STUDENTS BY QUALIFYING THEM FOR IN-STATE TUITION IF THEY ATTENDED A HIGH SCHOOL IN CALIFORNIA FOR AT LEAST THREE YEARS, GRADUATED FROM A CALIFORNIA HIGH SCHOOL, AND FILE AN AFFIDAVIT WITH THE INSTITUTION; AND,
WHEREAS, AB 540, SUPPORTED BY NUMEROUS ORGANIZATIONS, PRESENTED AN OPPORTUNITY FOR CALIFORNIA’S HIGH SCHOOL GRADUATES TO CONTINUE THEIR EDUCATION IN THE STATE’S PUBLIC UNIVERSITIES AND PLACED CALIFORNIA AT THE FOREFRONT OF A NATIONWIDE MOVEMENT TO RECOGNIZE THE MERIT OF UNDOCUMENTED STUDENTS; AND,
WHEREAS, THESE STUDENTS ARE INDISTINGUISHABLE FROM THEIR PEERS, AND CONTRIBUTE TO THE VIBRANT CAMPUS COMMUNITY BECAUSE OF THEIR PERSPECTIVE AND DIVERSE BACKGROUNDS; AND,
WHEREAS, UNDOCUMENTED STUDENTS FREQUENTLY ARE LOWER-INCOME, FIRST GENERATION COLLEGE STUDENTS; AND,
WHEREAS, THE UNDOCUMENTED STUDENT CAUSE HAS BEEN THROUGH ESPECIALLY DIFFICULT CIRCUMSTANCES DUE TO THE RECENT THREAT TO ASSEMBLY BILL 540 IN THE CASE OF MARTINEZ VS. UC REGENTS; AND,
WHEREAS, THE DEVELOPMENT, RELIEF AND EDUCATION FOR ALIEN MINORS ACT (HEREON REFERRED TO AS THE DREAM ACT) IS A BI-PARTISAN PIECE OF LEGISLATION THAT WOULD CREATE A PATH TO LEGAL STATUS FOR UNDOCUMENTED STUDENTS WHO WERE BROUGHT TO THE U.S. BEFORE THE AGE OF 16, HAVE BEEN CONTINUOUSLY PRESENT IN THE COUNTRY FOR FIVE YEARS PRIOR TO THE BILL’S ENACTMENT, HAVE OBTAINED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, AND DEMONSTRATE GOOD MORAL CHARACTER[4]; AND,
WHEREAS, OUR IMMIGRATION LAW CURRENTLY HAS NO MECHANISM TO CONSIDER THE CIRCUMSTANCES OF UNDOCUMENTED STUDENTS AND THE DREAM ACT WOULD BEGIN TO ELIMINATE THIS FLAW; AND,
WHEREAS, PASSAGE OF THE DREAM ACT WOULD PROVIDE: AN INCENTIVE FOR PURSUIT OF HIGHER EDUCATION, INCREASE SCHOOL REVENUES BY BRINING IN TUITION FROM STUDENTS WHO OTHERWISE WOULD NOT BE IN COLLEGE, FACILITATE THE MOVE OF UNDOCUMENTED STUDENTS INTO BETTER PAYING JOBS FROM WHICH THE STATE WOULD REAP MORE TAXES BENEFITING THE U.S. ECONOMY[5]; AND,
WHEREAS, THE UNIVERSITY OF CALIFORNIA BERKELEY HAS BEEN AT THE FOREFRONT OF ORGANIZING AND ADVOCATING FOR THESE STUDENTS THROUGH STUDENT ORGANIZATION SUCH AS RISING IMMIGRANT STUDENTS THROUGH EDUCATION (RISE) AND MULTICULTURAL IMMIGRANT STUDENT PROGRAM (MISP); AND;
THEREFORE BE IT RESOLVED THAT, THE ASSOCIATED STUDENTS OF E UNIVERSITY OF CALIFORNIA (ASUC) SUPPORTS THE UNDOCUMENTED STUDENT MOVEMENT AND STANDS BEHIND LEGISLATION SUCH AS ASSEMBLY BILL 540, THE FEDERAL DREAM ACT AND SIMILAR LEGISLATION AND PROGRAMS THAT WOULD INCREASE ACCESS TO HIGHER EDUCATION AND PROMOTE A PATHWAY TO STATUS ADJUSTMENT FOR UNDOCUMENTED STUDENTS; AND,
BE IT FURTHER RESOLVED, THE ASUC ENDORSES AND SUPPORTS THE EFFORTS OF STUDENTS ON CAMPUS WHO ORGANIZE IN GOOD FAITH TO ADVOCATE FOR THE IMMEDIATE PASSAGE OF THE DREAM ACT AND THE PROPOSAL BEING PRESENTED BY THE CHANCELLOR OF UCLA AND THE STUDENT REGENT TO THE UC BOARD OF REGENTS AT THEIR NEXT MEETING MARCH 23-25, WHICH WOULD SECURE THE RIGHT OF AB540 STUDENTS TO BE ELIGIBLE FOR INSTITUTIONAL FINANCIAL AID; AND,
BE IT FURTHER RESOLVED THAT ASUC PRESIDENT WILL SMELKO WRITES LETTERS TO CHANCELLOR ROBERT J. BIRGENEAU STRONGLY REQUESTING THAT IN AN OPEN LETTER TO THE CAMPUS HE DECLARES HIS SUPPORT FOR THE DREAM ACT, THE UPCOMING PROPOSAL BY UCLA CHANCELLOR BLOCK AND STUDENT REGENT JESSE BERNAL TO THE UC REGENTS TO SECURE AB540 STUDENTS ELIGIBILITY FOR INSTITUTIONAL FINANCIAL AID, AND DECLARES THE UNIVERSITY OF CALIFORNIA, BERKELEY CAMPUS AND ITS SURROUNDING COMMUNITY, A SAFE SPACE FOR UNDOCUMENTED STUDENTS, WHO HOPE TO COMPLETE THEIR EDUCATIONAL GOALS, MAINTAIN THEIR GOOD MORAL STANDING AND CONTRIBUTE TO THIS SOCIETY; AND,
BE IT FINALLY RESOLVED THAT ASUC PRESIDENT WILL SMELKO WRITES A LETTER TO GOVERNOR ARNOLD SCHWARZENEGGER STATING THAT THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, BERKELEY SUPPORT PASSAGE OF THE DREAM ACT AND STRONGLY REQUEST THAT HE NO LONGER CONTINUES TO VETO STATE VERSIONS OF THE DREAM ACT (SB 160 IN 2006, SB 1 IN 2007, SB 1301 IN 2008) AND THAT HE SIGNS THE CALIFORNIA DREAM ACT, SB 160 2009, INTO LAW.
[1] Gonzalez, Roberto G. “Wasted Talent and Broken Dreams: The Lost Potential of Undocumented Students.” Immigration Policy in Focus 5.13 (2007) 1-11. Print[2] Gonzales, Roberto G.
[3] Huber, Lindsay Perez, Maria C. Malagon and Daniel G. Solorzano. “Struggling for Opportunity Undocumented AB540 Students in the Latina/o Education Pipeline.” CSRC Research Report 13 (2009) 1-11. Print
[4] Gonzales, Roberto
[5] Gonzales, Roberto
