The document discusses key federal and state legislation and court rulings related to immigration and education for undocumented youth. At the federal level, several bills have attempted to provide a path to legalization, such as the DREAM Act introduced in 2001. In California, AB 540 passed in 2001 allows undocumented students who meet requirements to pay in-state tuition. The California DREAM Act of 2010 extended state financial aid to AB 540 eligible students. Court rulings like Plyler v Doe in 1982 also impacted undocumented students' access to primary and secondary education.
3. Federal Legislation
1986: Immigration Reform and Control Act
1996: Illegal Immigration Reform and Immigration
Responsibility Act
2005: Border Protection, Antiterrorism, and Illegal
Immigration Control Act
2005: Secure America and Orderly Immigration Act
2006: Comprehensive Immigration Reform Act
4. California Legislation
1980: The Uniform Residency Law
1992: AB 540 Introduced
1994: Proposition 187
2001 - 2002: AB 540 Passed into Law
5. Court Rulings
1982: Plyler v Doe
1982: Toll v Moreno
1985 Leticia A. v UC Regents and CSU Board of Trustees
1990: Bradford v UC Regents
● California Student Aid Commission stops awarding
Cal Grants to undocumented students
2005: Martinez v Regents
2010: AB 540 is upheld by Supreme Court
6. The Federal DREAM Act
● Introduced in 2001, this one failed but several other
bills were reintroduced over time in the Senate and the
House
● In 2007, the full DREAM Act fails to pass Congress,
mostly from Republican retaliation.
What is it?
It would allow a path to legalization for certain
undocumented youth brought to the US as children and
had completed a K-12 education.
7. The California DREAM Act
● Introduced February 2010 by Gil Cedillo
● Signed into law October 2011
● Actually two bills, AB 130 and AB 131
What is it?
Allowed undocumented students that
were eligible for AB 540 to also apply for state
and institutional financial aid without a FAFSA.
8. California Assembly Bill 540
● Introduced May 2001, by Marco Firebaugh
● Signed into law October 2001
What is it?
Allows undocumented students who meet
certain requirements to pay in-state tuition in
CA higher institutions.
9. References
Escobar, Mario, Tam Tran, Grace, and Antonio. Underground Undergrads: UCLA
Undocumented Immigrant Students Speak Out. UCLA Center for Labor Research and
Education, 2008.
Marco Firebaugh, and Maldonado. AB 540, 2001. http://www.leginfo.ca.gov/pub/01-
02/bill/asm/ab_0501-0550/ab_540_bill_20011013_chaptered.html.
Sen Orrin G. Hatch. Development, Relief, and Education for Alien Minors Act, 2003.
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:S1545:
Wong, Kent, Janna Shadduk-Hernandez, Fabiola Inzunza, Julie Monroe, Victor Narro, and
Abel Valenzuela Jr., eds. Undocumented and Unafraid: Tam Tran, Cinthya Felix, and the
Immigrant Youth Movement. UCLA Center for Labor Research and Education, 2011.
Editor's Notes
Requirements:
1. “Alien has been physically present in the US for a continuous period of 5 or more years preceding the date of enactment and had not yet reached 16 years at time of entry.”
2. “The alien has been admitted to an institution of higher education, or has earned a high school diploma”
Would allow undocumented youth to obtain temporary citizenship for 6 years, leading to permanent residency.
Conditions for permanent residency (at least 1):
1. “The alien acquired a degree from an institution of higher education or has been a student of good standing for at least 2 years in a program for a degree
2. The alien has served in the Armed Forces for at least two years and/or received an honorable discharge
3. The alien has performed 910 hours of volunteer community services in a program of an organization that has been determined eligible for funds from the Combined Federal Campaign”
Requirements:
1. Must have attended a California high school for three or more years
2. Must graduate from a California high school or attain the equivalent of a high school diploma..
3. Register as a student or have current enrollment at a California university or college not earlier than the fall semester or quarter of the 2001-2002 academic year/
4. Persons without lawful immigration status must file an affidavit with the school stating that they will apply for legalization or will attempt to apply as soon as the student is eligible.
