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If I am undocumented can I still go to college?

YES!!!

What is Assembly Bill 540?

AB 540, or California Education Code § 68130.5, is a California state law that allows qualifying undocumented students to pay in-state tuition at public colleges in California. These include all colleges in the UC and CSU system, as well as all California community colleges. On October 12, 2001, Governor Gray Davis signed Assembly Bill 540 into law. AB 540, authored by Assembly Member Marco A. Firebaugh (D-South Gate), authorized undocumented students who meet specified criteria to pay in-state tuition at California public colleges and universities. Prior to AB 540, undocumented students attending the University of California, California State University, and California Community Colleges were charged out-of-state tuition. 

To qualify as an AB540 student, undocumented students must:

• Have attended a California high school for 3 or more full academic years (between grades 9 through 12. They do not need to be consecutive years);
• Have graduated from a California high school or have attained a G.E.D.; or received a passing mark on the California High School Proficiency Exam (CHSPE);
• Register or be currently enrolled at an accredited institution of public higher education in California (private schools have the SAME price for ALL students regardless of their citizenship status and AB540 does not apply to these institutions);
• File an affidavit as required by individual institutions, stating that he/she will apply for legal residency as soon as possible;
• Not hold a valid non-immigrant visa (F, J, H, L, A, E, etc.)

What is the California DREAM Act?

Assembly Bills 130 and 131--known as the California DREAM Act and sponsored by Assemblyman Gil Cedillo (D-Los Angeles), have been signed into law and allow undocumented students who qualify for in-state tuition  to also qualify for financial aid from government sources.

• AB130 was implemented on January 1, 2012 and it allows for AB540 undocumented students attending public colleges and universities to apply for and to receive scholarships derived from non-state funds, which include many private scholarships.
• AB131 allows AB540 undocumented students to apply for Cal Grants, grants, and scholarships awarded by California public colleges and universities. AB131 will take effect on January 1, 2013.



Myths & Facts

Accroding to the California Student Aid Commission:

Myth #1 – All Dream Act students are illegal immigrants

The Facts: Dream Act students must meet the requirements of AB 540 law found in Education Code § 68230.5(a). Two groups of students potentially meet those requirements: (1) U.S. citizens who have attended and graduated from a CA high school, but don’t meet state residency requirements, and (2) undocumented students whose parents brought them to the U.S. when they were minors, and who attended and graduated from a CA high school.

Myth #2 – State grants are being taken away from legal U.S. citizens

The Facts: The Cal Grants A & B for which Dream Act students are eligible are entitlements. Every California high school graduate (or the equivalent) who meets the qualifications receives an award.

Myth #3 – Dream Act financial aid is a waste of state resources, because these students will not be able to work once they leave college.

The Facts: As stated under Myth #1, a portion of Dream Act students are U.S. citizens, and there are no occupational restrictions on them, except as pertain to general economic conditions.

The Facts: All undocumented Dream Act students must file an affidavit stating they have or intend to (as soon as they are able) apply to legalize their immigration status as a condition of the AB 540 and AB 131 laws. That legal process may result in permanent residency before the students leave college or shortly thereafter.

The Facts: The U.S. Congress has attempted to pass various federal DREAM Acts with bipartisan support. The federal Act would create a pathway to permanent residency and work authorization. That law may be put into place before the students leave college or shortly thereafter.

The Facts: For all postsecondary students, the college experience expands knowledge, identity and community; develops workforce skills; and builds educated and engaged residents and citizens.

Myth #4 – Dream Act Cal Grants can only be used at California public colleges and universities

The Facts: Dream Act Cal Grants can be used at any eligible Cal Grant participating institution. Click here to search for an eligible Cal Grant college or university.


Resources and links

Complete and Submit Your CA DREAM Application

Learn more about the California Dream Act

Education and Leadership Foundation

Educators For Fair Consideration (E4FC)

United We Dream (UWD)

Dream Activist

UCLA Labor Center: Undocumented Students-Unfulfilled Dreams

Scholarships for DREAM Students

Deam Develop Do

California Dream Network

Orange County Dream Team

Ruiz4Kids

Latino College Dollars

Hispanic Scholarship Fund

Mexican American Legal Defense and Educational Fund (MALDEF)