Hispanic immigrant college students impacted by court ruling

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Hispanic immigrant college students impacted by court ruling
MALDEF URGES CALIFORNIA SUPREME COURT REVIEW OF IN-STATE TUITION RULING
AB 540 Still Remains in Effect Pending Final Resolution
Press Release

LOS ANGELES, CA - Yesterday, a California Appellate Court issued a ruling that calls into question the continued validity of California’s AB 540. AB 540 is a California law which provides a waiver of the out-of-state tuition fees at California’s public colleges and universities for any student – regardless of immigration status – who has completed three years at a California high school and has attained a high school diploma.

Specifically, the Court of Appeal held that under AB 540 eligibility for in-state tuition is based on residency and therefore violates federal law. The Court so ruled despite the fact that eligibility is based on attending a California high school and receiving a high school diploma, criteria that are unrelated to residency. The case likely will be resolved through an appeal to the California Supreme Court.

“Yesterday’s appellate decision must not close the door to higher education for undocumented immigrant students in California. They are graduates of our public schools and they, and their parents, have paid taxes to the state. California needs them for our future and ignoring their California ties makes us all poorer,” said MALDEF Western Regional Counsel Nancy Ramirez.

AB 540 remains in effect, and will likely continue to remain in effect until there is a final resolution of the case. In the meantime, students who are eligible should continue to receive the tuition waiver. If AB 540 is ultimately overturned, undocumented students who would have been eligible for the AB 540 tuition waiver will still be allowed to attend California public colleges and universities but will be required to pay out-of-state rather than in-state tuition.

The decision is yet another reason for the next President and Congress to fulfill their constitutional authority by enacting comprehensive immigration reform. Many of these students and their parents work in the most dangerous and difficult jobs in our state and country. Their hard work and aspirations for higher education can not be ignored.

“We will continue this fight in the California Supreme Court, if need be. Current AB 540 students, the vast majority of whom are United States citizens, must not be discouraged. Their place in college remains intact,” said Cynthia Valenzuela, MALDEF’s Director of Litigation.

MALDEF sought to intervene at the trial level and filed an amicus brief with the appellate court. MALDEF will work with legislators, state officials, students and the community to permit AB 540 students to remain and pay in-state tuition.

Founded in 1968, MALDEF, the nation’s leading Latino legal civil rights organization, promotes and protects the rights of Latinos through litigation, advocacy, community education and outreach, leadership development, and higher education scholarships. For more information on MALDEF, please visit: http://www.maldef.org/.