California DREAM Act

Last updated
California DREAM Act
Seal of California.svg
California State Legislature
Full nameCalifornia Dream Act
IntroducedFebruary 19, 2010
Assembly votedAugust 31, 2010
Senate votedAugust 31, 2010
Signed into lawOctober 8, 2011
Sponsor(s) Gil Cedillo
Governor Jerry Brown
CodeEducation Code
Section68130.7, 68130.5, 66021.6, 66021.7, 76300.5
ResolutionSB 1460 (2009–2010 Session)
Associated billsAB 131 (2011-12 Session), SB 1 (2007–2008 Session), SB 160 (2005–2006 Session)
Status: Not passed
(Awaiting approval of UC Regents)

The California DREAM (Development, Relief, and Education for Alien Minors) Act is a package of California state laws that allow children who were brought into the US under the age of 16 without proper visas/immigration documentation who have attended school on a regular basis and otherwise meet in-state tuition and GPA requirements to apply for student financial aid benefits. [1] It and past similarly named legislation have been authored by California State Senator Gil Cedillo.

Contents

In 2011, the California Dream Act was divided into two bills, AB130 and AB131. AB130 was signed by Governor Jerry Brown on July 25, 2011, and AB131 was signed by Brown on October 8, 2011.

AB 130 allows students who meet AB 540 criteria to apply for non-state funded scholarships for colleges and universities. AB 131 allows students who meet AB 540 criteria to apply for state-funded financial aid.

Legislative history

Schwarzenegger administration

In 2006, the California DREAM Act was proposed in the form of SB 160. Under SB 160, students who were eligible for in-state tuition would have been given access to public financial assistance (undocumented students had already been eligible for private assistance) for higher education at California State Colleges and Universities. In addition, those students would have been given a fee waiver for California Community Colleges. [2] It passed in both houses but was vetoed by Governor Arnold Schwarzenegger. [3]

In 2007, during the next session of the legislature, another version of the bill in the form of "SB 1". This bill would have offered similar fee waivers for high school graduates who met non-resident in-state tuition requirements. [4] Again, the bill passed both houses of the California state legislature. [5] Schwarzenegger vetoed it again on 14 October 2007 citing cost concerns. [6] [7]

In 2008, SB 1301, which remained unchanged from SB 1, was vetoed by the Governor. [8]

In 2009, SB 160 was held in Senate Appropriations Committee in 2009. [9]

In 2010 Gil Cedillo introduced the bill as SB 1460. It passed the State Senate on 3 June 2010 and the State Assembly on 20 August 2010. It went back to both houses again and passed in both on 31 August 2010. [10]

Brown administration

On January 11, 2011 Assemblyman Cedillo reintroduced the legislation as two separate bills, AB130, and AB131. [11] [12] AB 130 was signed into law by Jerry Brown on July 25, 2011, [13] granting undocumented students access to an estimated $88 million in private financial aid in the form of scholarships and grants. [14] AB 131, which allows undocumented students who meet criteria for in-state tuition to apply for financial aid, was signed by Brown on October 8. [15] [16]

Overview of AB 131

AB 131 directly affects those students who are exempt from paying out of state tuition at California Community Colleges and the California State University as stated in Section 68130.7 of the California Education Code [17] Those students would include undocumented immigrants who graduate from high school and who show “merit and need”. [18]

Under AB 131, those students mentioned above and those students who meet the requirements are “eligible to apply for and participate in all student financial aid programs administered by the State of California to the full extent permitted by federal law”. [19] Cal Grants represent the major source of aid that these students would gain access to. A Cal Grant is a form of aid that represents funds available to students that meet GPA, parent income, and high school graduation requirements. AB 131 would not give those students mentioned above access to Competitive Cal Grant A and B awards unless the specified conditions are met. [20] One source has cited that AB 131 would open an estimated $38 million worth of financial assistance to undocumented students. [21] AB 131 would also require California Community Colleges who are under the administration of the “Board of Governors of the California Community Colleges” [22] to waive certain fees for those students who are exempt from paying out of state tuition. (info. Sen. Pg 3) Some students are excluded from the benefits associated with AB 131 as stipulated by the bill. Graduates of technical schools and adult schools would not be considered eligible under the new law. Governor Jerry Brown also made an amendment to the bill that postponed implementation until January 2013. [23]

Supporting arguments for AB 131

Some argue that AB 131 would not be a financial burden on the state of California. The bill represents an investment in the future of the state in that undocumented students would be given greater access to higher education. As a result of more undocumented students completing their higher education, these students would be more skilled and less likely to remain lower-class. The danger of not providing these students with an opportunity to become more productive members of the state’s economy could be the further draining of the state’s resources by adding to the group of people dependent on state assistance. [21] Instead, these students would add to the pool of qualified workers while contributing taxes back to the state. [24] It is estimated that there will be a gap of 6% between jobs needed and qualified workers in the state of California by the year 2025. [21] Allowing these students to continue their education could help close that gap if they were able to gain a “legal” status.

Arguments against AB 131

Others argue that opening up public scholarships and grants to undocumented students comes at an inopportune time for the state of California. Tuition hikes and financial woes have weighed heavily on California’s public Colleges and Universities, and some say an influx of undocumented students could cause further strain on this system. One source cited that AB 131 could cost the state between $23 and $65 million a year. [25] Also, even with access to higher education, undocumented graduates would still not be eligible to work legally in the U.S., as Congress has yet to pass a Federal law allowing undocumented persons to work legally in the U.S. [26] There is a possibility, however, that Congress will pass such legislation. The federal DREAM Act aims to provide a pathway to citizenship for those students who meet a list of federal requirements. [27] Other critics argue that AB 131 would only attract more undocumented immigrants to the U.S. by offering them financial assistance. [28] While others argue, AB 131 creates greater competition for U.S. citizens who depend on public financial aid to pay their college or university tuition. [29]

Referendum (repeal)

The movement to repeal the AB131 was tried. It was led by Tim Donnelly, the assemblyman, and Tom Del Beccaro, chairman of the state's Republican Party. The bill would have been held and put to the general election. [30] At the same time, the recalling effort for the governor, Jerry Brown, is also in process. [31]

Historical context

The federal DREAM ACT was first introduced in the Senate on August 1, 2001. It was a plan for joint immigration and education reform aimed at granting young undocumented immigrants access to both higher education, and citizenship. The Act would grant these students legal residence if they attend college or serve in the military.[14] While this legislation has not yet been passed, it is the product of much deliberation and debate over the issue of immigration in the U.S. As more and more undocumented immigrants enter the U.S. each year, the U.S. has become more and more divided over policies aimed at addressing the causes and effects of immigration. While some states such as Georgia and Alabama have adopted strict immigration laws in order to keep undocumented immigrants out, others have looked for ways to address the needs of immigrants. [32] The proposal for the federal DREAM ACT was quickly followed by the California DREAM Act, a state initiative aimed at providing a pathway for young undocumented immigrants already in the state.

Each year about 25,000 undocumented students graduate from high school in California. [33] The California Dream (Development, Relief and Education for Alien Minors) Act would allow children who were brought to the United States illegally before the age of 16 to receive state funded financial aid for higher education. [34] Currently the state of California allows undocumented students to pay in-state tuition if they have lived and attended school in California for the past three years. That bill was signed into legislation in 2001.

Assemblyman Gil Cedillo, D-Los Angeles, the original sponsor of the bill, has tried to introduce newer versions of the bill since 2006. There are only two other states that offer financial aid to undocumented students, Texas and New Mexico. Cedillo has tried to find ways around concerns that critics have raised about the bill. He split the bill into two parts. The first part, which would not cost the state anything, would allow students to apply for non-state grants from colleges. The second part would let students apply for state-funded Cal Grants. [35]

From the supporters' view, according to Tom Mays, a spokesperson for the California Student Aid Commission said, “The money is already set aside.” [36] Mays also stated that there is usually a surplus of money available after all of the college grants have been distributed. [36]

Cedillo also introduced another version of the California DREAM Act, SB 1460. It included the Community College Fee Waivers. Another bill that included 19 million dollars for Cal-Grants, AB 1413 Fuented-Coto Cal-Grants was voted out in the assembly. [37]

See also

Related Research Articles

<span class="mw-page-title-main">Gil Cedillo</span> American politician

Gilbert Anthony Cedillo is an American politician, who served as a member of the Los Angeles City Council for the 1st district from 2013 to 2022. A member of the Democratic Party, Cedillo was previously a member of both the California State Assembly and the California State Senate.

<span class="mw-page-title-main">DREAM Act</span> American legislative proposal on immigration

The Development, Relief, and Education for Alien Minors Act, known as the DREAM Act, is a United States legislative proposal that would grant temporary conditional residency, with the right to work, for illegal immigrants who entered the United States as minors—and, if they later satisfy further qualifications, they would attain permanent residency.

<span class="mw-page-title-main">Kevin de León</span> American politician (born 1966)

Kevin Alexander Leon, known professionally as Kevin de León and colloquially as KDL, is an American politician serving as the Los Angeles City Council member for District 14 since 2020. A member of the Democratic Party, he was defeated in the 2018 United States Senate election in California against incumbent Senator Dianne Feinstein and came in third place in the 2022 Los Angeles mayoral election.

<span class="mw-page-title-main">Equality California</span> Non-profit civil rights organization

Equality California (EQCA) is a non-profit civil rights organization that advocates for the rights of LGBT people in California. It is the largest statewide LGBT organization in the United States and the largest member of the Equality Federation. The organization is based in Los Angeles.

<span class="mw-page-title-main">Coalition for Humane Immigrant Rights of Los Angeles</span> U.S. nonprofit organization

The Coalition for Humane Immigrant Rights, also known as CHIRLA, is a Los Angeles county-based organization focusing on immigrant rights. While the organization did evolve from a local level, it is now recognized at a national level. The Coalition for Humane Immigrant Rights of Los Angeles organizes and serves individuals, institutions and coalitions to build power, transform public opinion, and change policies to achieve full human, civil and labor rights. The Coalition for Humane Immigrant Rights of Los Angeles also has aided in passing new laws and policies to benefit the immigrant community regardless of documented status.

<span class="mw-page-title-main">Nancy Skinner (politician)</span> American politician (born 1954)

Nancy Skinner is an American politician who is member of the California State Senate. A Democrat, she represents California's 9th State Senatorial district, encompassing parts of the East Bay.

<span class="mw-page-title-main">John Pérez</span> American union organizer and politician (born 1969)

John A. Pérez is an American union organizer and politician. He has been a Regent of the University of California since November 17, 2014, previously serving as the 68th Speaker of the California State Assembly from March 1, 2010, to May 12, 2014. A member of the Democratic Party, he represented the 46th district (2008–2012) and 53rd district (2012–2014) in the California State Assembly.

California's Assembly Bill 540 was signed into law by Governor Gray Davis on October 12, 2001, allowing access to in-state tuition rates for undocumented and other eligible students at California's public colleges and universities. The law allows students who attended high school in California, among other eligibility requirements, to pay in-state tuition fees instead of out-of-state tuition at California's public institutions of higher education, including the University of California, California State University, and California Community Colleges. The law has been important in the pursuit of college accessibility for undocumented students in California, but not all beneficiaries are undocumented, as approximately two thirds of those benefitted possess U.S. citizenship.

<span class="mw-page-title-main">Tani Cantil-Sakauye</span> American judge

Tani Gorre Cantil-Sakauye is an American lawyer and jurist who was the 28th Chief Justice of California and is the president/CEO of the Public Policy Institute of California. She was nominated by Governor Arnold Schwarzenegger to serve as chief justice on July 22, 2010, and retained in office by California voters on November 2, 2010, she was sworn in on January 3, 2011 as California's first Filipino and first woman of color to serve as California's Chief Justice. Prior to her appointment as chief justice, Cantil-Sakauye had served in judicial offices on California's appellate and trial courts. On July 27, 2022, she announced she would retire and not run for another 12 year term on the court in November and stepped down on January 1, 2023, leaving Governor Newsom to appoint her replacement. On September 28, 2022, the Public Policy Institute of California announced that Cantil-Sakauye would become its president and chief executive officer, effective January 1, 2023. On September 21, 2023, the Judicial Council of California voted unanimously to name the new Sacramento County courthouse after former Chief Justice Tani Cantil-Sakauye.

<span class="mw-page-title-main">Tim Donnelly (politician)</span> American politician

Timothy Michael Donnelly is an American Republican politician who was a member of the California State Assembly, representing the 59th and 33rd districts. Before his election to the Assembly in November 2010, Donnelly was a small businessman. He resides in Twin Peaks, California. On January 22, 2013, Donnelly announced his intention to seek the Republican nomination for Governor of California in the 2014 election. He placed third in the open primary, behind incumbent governor Jerry Brown and investment banker Neel Kashkari, who contested the election in November 2014.

<span class="mw-page-title-main">Brian Jones (politician)</span> American politician

Brian W. Jones is an American politician serving in the California State Senate. A Republican, he represents the 40th State Senatorial district, encompassing most of inland San Diego County. He previously served in the California State Assembly, representing the 71st district, also encompassing most of inland San Diego County. Prior to being elected to the state assembly, he was a member of the Santee City Council.

The North Carolina Community College System (NCCCS) is the governing body for North Carolina's 58 public community colleges and has been empowered by the state of North Carolina to "adopt all policies, regulations and standards it may deem necessary for operation of the System" by the North Carolina General Assembly. On March 19, 2010, the State Board of Community Colleges approved policy 23 N.C.A.C. 02C .0301 entitled "Admission to Colleges". The State Board has been researching and amending the policy for a decade now and it was implemented on July 10, 2010, after completing the full amendment process. The Admission to Colleges policy states "undocumented immigrants can enter the system's 58 community colleges if they are a graduate of a United States high school, pay out-of-state tuition, and do not displace a North Carolina or United States citizen"

<span class="mw-page-title-main">North Carolina House Bill 11</span>

North Carolina House Bill 11, titled "No Post-Secondary Education/Illegal Aliens," was brought before the North Carolina General Assembly by Representative George Cleveland. The bill was introduced on January 31, 2011, and is currently in committee. The bill calls for the prohibition of admission for undocumented students to North Carolina community colleges and universities.

<span class="mw-page-title-main">CalFresh</span>

CalFresh is the California implementation of the federal Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp program, which provides financial assistance for purchasing food to low-income California residents.

<span class="mw-page-title-main">Travis Allen</span> American politician

Travis Ethan Allen is an American politician who served as a Republican member of the California State Assembly. Allen was first elected in November 2012 to represent California's 72nd State Assembly district, which includes the cities of Fountain Valley, Los Alamitos, Seal Beach, and Westminster, most of Garden Grove, portions of Huntington Beach and of Santa Ana, and the unincorporated communities of Midway and Rossmoor.

Undocumented youth in the United States are young people living in the United States without U.S. citizenship or other legal immigration status. An estimated 1.1 million undocumented minors resided in the U.S. as of 2010, making up 16% of the undocumented population of 11 million. Undocumented students face unique legal uncertainties and limitations within the United States educational system. They are sometimes called the 1.5 generation, as they have spent a majority of their lives in the United States.

The School Success and Opportunity Act, is a California state law which extends gender identity and gender expression discrimination protection to transgender and gender-nonconforming K-12 students in public schools.

As of October 1, 2023, 19 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States. State laws permitting this are on the books in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington.

2017 California Senate Bill 54, commonly referred to as "SB 54" and also known as the "California Values Act" is a 2017 California state law that prevents state and local law enforcement agencies from using their resources on behalf of federal immigration enforcement agencies. The law allows for cooperation between local, state and federal law enforcement in cases of violent illegal immigrants, and is often referred to as a "sanctuary law" due to its resemblance of sanctuary jurisdiction policies.

<span class="mw-page-title-main">In-state tuition for undocumented Utah students</span> 2002 Utah state law

In 2002, Utah legislature passed a law that effectively changed the Utah state code, extending higher education in-state tuition to undocumented immigrants living and attending high school in Utah. The bill was presented in the 2002 general session of the Utah Legislature, and passed in the same session.

References

Notes

  1. ↑ Walters, Dan (14 April 2010), "'California Dream Act' clears first hurdle", Sacramento Bee: Capitol Alert Blog, retrieved 5 January 2010
  2. ↑ "Legislative History." The California Dream Act. Web. 10 Oct. 2011. <http://www.californiadreamact.org/about/legislative-history.html>.
  3. ↑ Lin II, Rong-Gong (20 May 2007), "Schwarzenegger Vetoes Dream Act", Los Angeles Times , p. 2, retrieved 5 January 2011
  4. ↑ "Legislative History." The California Dream Act. Web. 10 Oct. 2011. <http://www.californiadreamact.org/about/legislative-history.html>.
  5. ↑ Cedillo, GilDaniel ramirez (29 May 2007), "Let all students dream", Los Angeles Times , retrieved 5 January 2011
  6. ↑ "Schwarzenegger Vetoes Dream Act", KTVU , 14 October 2007, archived from the original on 23 June 2008, retrieved 5 January 2011
  7. ↑ CA SB 1 (2007–2008 Session) Complete Bill History, California State Senate, archived from the original on 13 December 2012, retrieved 5 January 2011
  8. ↑ "Legislative History." The California Dream Act. Web. 10 Oct. 2011. <http://www.californiadreamact.org/about/legislative-history.html>.
  9. ↑ "Legislative History." The California Dream Act. Web. 10 Oct. 2011. <http://www.californiadreamact.org/about/legislative-history.html>.
  10. ↑ CA SB 1460 (2009–2010 Session) Complete Bill History, California State Senate, archived from the original on 13 December 2012, retrieved 5 January 2011
  11. ↑ "California DREAM Act Proposed (Again) By L.A. State Assemblyman Gil Cedillo". Archived from the original on 2011-08-30. Retrieved 2011-01-14.
  12. ↑ McGreevy, Patrick; Mishak, Michael J. (2011-06-02). "Bill on financial aid for undocumented college students advances in California Legislature". Los Angeles Times: Los Angeles Times.
  13. ↑ "Brown signs first half of California DREAM Act". Pasadena Star News. 2011-07-25. Archived from the original on 2012-03-13. Retrieved 2011-07-30.
  14. ↑ Rojas, Leslie. "California Dream Act 101: What It Does, Who Qualifies, and What Happens next." 89.3 KPCC. 10 Oct. 2011. Web. 10 Oct. 2011. <http://multiamerican.scpr.org/2011/10/california-dream-act-101-what-it-does-who-qualifies-and-what-happens-next/>.
  15. ↑ "Governor Brown Signs California Dream Act" (Press release). California Office of the Governor. 2011-01-08.
  16. ↑ Asimov, Nanette; Buchanan, Wyatt (9 October 2011). "Jerry Brown signs Dream Act for illegal immigrants". The San Francisco Chronicle.
  17. ↑ Cedillo, Gilbert. "Assembly Bill No. 131." Web. 10 Oct. 2011. <http://info.sen.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_131_bill_20110908_enrolled.pdf%5B%5D>.
  18. ↑ "Yes to the California Dream Act." Los Angeles Times. 14 Sept. 2011. Web. 10 Oct. 2011. <http://www.latimes.com/news/opinion/opinionla/la-ed-dream-20110914,0,6530694.story>.
  19. ↑ Cedillo, Gilbert. "Assembly Bill No. 131." Web. 10 Oct. 2011. <http://info.sen.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_131_bill_20110908_enrolled.pdf%5B%5D>.
  20. ↑ Cedillo, Gilbert. "Assembly Bill No. 131." Web. 10 Oct. 2011. <http://info.sen.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_131_bill_20110908_enrolled.pdf%5B%5D>
  21. 1 2 3 Hernandez, Sandra. "California's Dream Act Passes Key Test." Los Angeles Times 25 Aug. 2011. Print.
  22. ↑ Cedillo, Gilbert. "Assembly Bill No. 131." Web. 10 Oct. 2011. <http://info.sen.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_131_bill_20110908_enrolled.pdf%5B%5D>.
  23. ↑ Siders, David. "Jerry Brown Signs California Dream Act." The Sacramento Bee. 8 Oct. 2011. Web. 1 Oct. 2011. <http://blogs.sacbee.com/capitolalertlatest/2011/10/dream-act-1.html>.
  24. ↑ "Yes to the California Dream Act." Los Angeles Times. 14 Sept. 2011. Web. 10 Oct. 2011. <http://www.latimes.com/news/opinion/opinionla/la-ed-dream-20110914,0,6530694.story>.
  25. ↑ Siders, David. "Jerry Brown Signs California Dream Act." The Sacramento Bee. 8 Oct. 2011. Web. 1 Oct. 2011. <http://blogs.sacbee.com/capitolalertlatest/2011/10/dream-act-1.html>.
  26. ↑ "Yes to the California Dream Act." Los Angeles Times. 14 Sept. 2011. Web. 10 Oct. 2011. <http://www.latimes.com/news/opinion/opinionla/la-ed-dream-20110914,0,6530694.story>.
  27. ↑ Rojas, Leslie. "California Dream Act 101: What It Does, Who Qualifies, and What Happens next." 89.3 KPCC. 10 Oct. 2011. Web. 10 Oct. 2011. <http://multiamerican.scpr.org/2011/10/california-dream-act-101-what-it-does-who-qualifies-and-what-happens-next/>.
  28. ↑ Rojas, Leslie. "California Dream Act 101: What It Does, Who Qualifies, and What Happens next." 89.3 KPCC. 10 Oct. 2011. Web. 10 Oct. 2011. <http://multiamerican.scpr.org/2011/10/california-dream-act-101-what-it-does-who-qualifies-and-what-happens-next/>.
  29. ↑ Siders, David. "Jerry Brown Signs California Dream Act." The Sacramento Bee. 8 Oct. 2011. Web. 1 Oct. 2011. <http://blogs.sacbee.com/capitolalertlatest/2011/10/dream-act-1.html>.
  30. ↑ Donnelly, T. "STOP CA NIGHTMARE ACT". Tim Donnelly . October 3, 2011.
  31. ↑ California’s Crusader "Recall Governor Brown". California’s Crusader . October 11, 2011.
  32. ↑ Siders, David. "Jerry Brown Signs California Dream Act." The Sacramento Bee. 8 Oct. 2011. Web. 1 Oct. 2011. <http://blogs.sacbee.com/capitolalertlatest/2011/10/dream-act-1.html>.
  33. ↑ Ferriss, Susan (14 April 2008). "Legislators Revisit Immigration Bill For Students". Sacramento Bee.
  34. ↑ Lapan, Tovin (20 February 2011). "A young immigrant looks for acceptance without the labels". Los Angeles Times.
  35. ↑ Lapan, Tovin (23 January 2011). "Federal and state DREAM Acts spark heated debate". Santa Cruz Sentinel.
  36. 1 2 Ferriss, Susan (16 October 2007). "Undocumented Kids Seek Aid of Congress; They hope for DREAM Act after California's Legislation is Vetoed". Sacramento Bee.
  37. ↑ "Cedillo's California Dream Act is Approved in Legislature". States News Service. 1 September 2010.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.