California DREAM Act Proves Nightmarish for Residents

Cross-posted from Truth About Bills

Recently, Governor Jerry Brown signed part one of California’s DREAM Act into law.

This particular bill, which gives funding to illegal immigrant students, is blatant amnesty. This particular legislation comprises two parts—AB 130 and AB 131. The author of both bills is Assemblyman Gil Cedillo (D-Los Angeles).

AB 130 grants private scholarships to illegal immigrant students who qualify under this provision. Brown signed the bill into law on July 25, 2011:

This bill would provide that, on and after January 1, 2012, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student.

Part two (AB 131) grants public funds to qualifying illegal immigrant students. This provision was passed in the State Senate Appropriations Committee on August 26th, 2011. The legislature has until September 9 to pass it, and Governor Brown has until September 30 to sign the bill into law:

This bill would exempt a student who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University.

Interestingly enough, Governor Brown might veto AB131.

Gov. Brown seems to have made his broader philosophical decision on the question of providing support for students who are in the country illegally,” Schnur said. “Now he’s got to decide whether he can afford it. It’s a much more difficult decision than the first one.

Nevertheless, Assemblyman Tim Donnelly (R-Hesperia) believes that this bill will further cripple California’s economy.

“AB 131, the second part of the California `DREAM Act,’ is a nightmare for citizens,” Donnelly said. “Students are already struggling to pay increased tuition and many cannot even get into the classes they need, but the Legislature continues to pretend we can afford this entitlement. The simple truth is, everyone including the governor knows we can’t.”

California faces a budget shortfall of 26 billion dollars.  Universities across the Golden State are already facing massive budget cuts.  Rest assured, the California DREAM Act will be a nightmare for taxpayers.

*UPDATE: California State Senate passed its own version of AB 131.

Illegal immigrants entitled to in-state tuition, CA Supreme Court rules

Taken from SFPA and The California Review on November 18th, 2010:

California has a number of big problems: illegal immigration, budget deficits, tuition hikes for already strapped families. All these problems combine into one: in-state tuition for illegal immigrants.

The California Supreme Court has affirmed the state program granting in-state tuition to “undocumented students,” all while tuition hikes are imminent the University of California and the California State University systems (8 percent and 15 percent, respectively). As a California public university student, all I can do is watch our the continued budget difficulties and our growing appeasement to those without U.S. citizenship.

 

Opposition to this ruling will be viewed by some leftists as a racist attack against minorities. Americans do not hate immigrants, contrary to the image leftists seek to craft on a daily basis. Our nation was established upon the efforts and contributions made by immigrants that fled to the United States in search of better opportunities. The land of opportunity welcomes each person with open arms, regardless of any skin color or country of origin.

However, granting amnesty to people entering our country by illegal means—as the DREAM Act purports to do if it were passed—will prove deleterious to the state of California and our nation. Amnesty in the form of affirmation action is no excuse for undermining our education system further. Nevertheless, National Public Radio reports:

The California Supreme Court ruled unanimously this week that illegal immigrant students can continue to pay in-state tuition rates at public colleges and universities. The controversial ruling makes higher education in California more affordable for students who don’t have legal status. Critics of the ruling say they are precisely the students who should not be in the United States in the first place.

Unfortunately, many people in the state of California are suffering from increased hardships. No one group should be entitled to special treatment just because they boast a certain national origin. Nevertheless, leftists will go to any means to pass this type of legislation. The L.A. Times elaborates on that notion in the following:

Federal law prohibits illegal immigrants from receiving college benefits based on residency and not provided to all citizens. A lawyer for the conservative Pacific Legal Foundation, which sided with the challengers in the case, said the ruling failed to acknowledge “clear tension between federal law and the state’s special financial benefits for illegal immigrant students.” The case is expected to be appealed to the U.S. Supreme Court. “California is not in sync with the federal mandate against giving Brownie points for being an illegal immigrant,” said Ralph Kasarda, an attorney with the foundation.

Yet, supporters of the ruling cite that it will not supersede federal law due to California’s nonresident tuition exemption of 2001, which offers in-state tuition to those who attended California high school for a minimum of three years. Students that qualify are either illegal or those that live out of California who met the minimum addressed above. The California Nonresident Tuition Exemption of 2001 is addressed here:

Any student, other than a nonimmigrant alien, who meets all of the following requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the University of California, and the California State University (all public colleges and universities in California).

  • Requirements:
    • The student must have attended a high school (public or private) in California for three or more years.
    • The student must have graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency exam).
    • An alien student who is without lawful immigration status must file an affidavit with the college or university stating that he or she has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
  • Students who are nonimmigrants [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.
  • The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
  • Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
  • Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.
  • AB540 does not provide student financial aid eligibility for undocumented alien students. These students remain ineligible for state and federal financial aid.

Continual efforts to undermine legal immigration will prove costly. If you follow American laws and have legitimate state residency, then and only then should you be allowed the privilege of in-state tuition — no exceptions.