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California Dream Act 101: What it does, who qualifies, and what happens next

Photo by un.sospiro/Flickr (Creative Commons)

On Saturday, California Gov. Jerry Brown signed a landmark piece of state legislation that will allow undocumented college students to obtain publicly-funded financial aid, now only available to students who are U.S. citizens and legal residents. It’s part of a two-bill package referred to as the California Dream Act, the first part of which Brown signed into law last July.

The bill signed this weekend, AB131, has been extremely divisive in a state that’s undergoing a budget crisis. Opponents have said the state can’t afford it; supporters have pointed out that part of the funding for the measure is already set aside annually for low-income students, including undocumented kids who have so far been unable to tap into it.

So what does the California Dream Act do, exactly? A few basics:

What it changes: Undocumented college students can’t presently access state-funded financial aid, leading most to work several jobs while studying and to apply for a limited number of scholarships available to them. AB 131 gives these students access to Cal Grants, a program that provides aid to low-income students, and other state-funded tuition aid provided they meet the state residency requirements set by California law. They also become eligible for fee waivers at the community college level.

AB 130, the bill signed in July, allows undocumented students access to $88 million in privately funded university scholarships and grants that were previously not available to them.

What it doesn’t change: Unlike the similarly-named federal Development, Relief and Education for Alien Minors (DREAM) Act, neither of the two state measures proposes granting legal status to these students, a change that would be up to the federal government. The fact that they don’t have a path to legal status now has been pointed out by California Dream Act opponents, who complain that undocumented students can’t fully utilize their degrees after graduation.

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Brown: Yes to California Dream Act, no to race and gender in college admissions

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While most of the attention was on the California Dream Act yesterday as today’s bill-signing deadline loomed, a lesser-known but equally controversial California bill involving students of color met with a thumbs-down from Gov. Jerry Brown.

The bill, SB 185, would have allowed state universities to consider race, gender, ethnicity, and national origin in undergraduate and graduate admissions, provisions that were seen by some as conflicting with Proposition 209, a 1996 state initiative that prohibited the use of affirmative action in public institutions.

UC Berkeley’s Daily Californian quoted from a message sent by Brown to state Senate members yesterday after he vetoed the bill:

“Signing this bill is unlikely to impact how Proposition 209 is ultimately interpreted by the courts; it will just encourage the 209 advocates to file more costly and confusing lawsuits,” he wrote in the message.

Brown wrote that while he supported the idea of SB 185, “the courts – not the Legislature – determine the limits of Proposition 209.” He added that a court case is currently pending in the U.S. 9th Circuit Court of Appeals against the state and the University of California system on the same issues addressed in the bill.

SB 185 didn’t receive widespread public attention until late last month, when a campus group of Republican students at UC Berkeley held a “diversity bake sale” to protest the bill. The students, who posted different bake sale prices for different ethnic groups – with white men paying the most -  drew national media attention and hundreds of counter-protesters.

Meanwhile, AB 131, the most hotly debated student-related state measure on Brown’s desk, was signed into law yesterday. The second of two bills referred to as the California Dream Act, it will allow undocumented college students to apply for publicly-funded state financial aid, the same now available to U.S. citizens and legal residents. A companion bill granting these students access to privately-funded grants and scholarships was signed by Brown in July.

Tweeting the California Dream Act

The hashtag #dreamact has been trending on Twitter since Gov. Jerry Brown signed into law this morning a bill known as AB 131, which allows undocumented college students who meet state residency requirements to obtain state-funded financial aid for tuition. The bill is the second of two bills referred to as the California Dream Act, the first of which Brown signed in July.

The controversial measure has long drawn both ardent support and outrage, especially given the state’s financial woes. A few recent tweets, first the happy ones:

From @sigourneynunez:

Proud to be a Californian! #dreamscometrue #DREAMAct
From @lizap:
Yes! Jerry Brown passes #DreamAct in the Golden State. Are you listening, Alabama? http://ow.ly/6RvwZ #p2

From @joseiswriting, aka Jose Antonio Vargas, a former Washington Post reporter who recently came out as undocumented:

Gov. brown just signed CA #DREAMAct into law. Congrats to all, especially to young CA activists #inspiration

From @48thave:

@JerryBrownGov Thank you for introducing sanity to CA immigration policy for my undocumented bros & sisters. Go, Jerry! #DreamAct

And some not-so-happy tweets:

From ruby4050:

#CA is doomed #DREAMAct Highest unemployement, lowest business prospects, highest taxes, foreclosures and now illegals!

From @jocatapi:
i guess i need to renig my US citizenship,go to mexico to get mexican citizenship, jump the border THEN my state will recognize me #DreamAct

From @VasquezMusic:

Hey, I’m Latina but I do not support the #DreamAct make the illegals LEGAL first!

And referring to Republican state Assembly member Tim Donnelly, an opponent of the measure, @davidsiders wrote:

Donnelly calls #DreamAct ”biggest mistake that Gov. Brown has ever made … other than unionizing public employees.”
Until now, undocumented college students in California have been barred from public financial aid. AB 130, the companion bill to AB 131, allowed these students access to privately funded scholarships and grants only.
A recent version of AB 131 can be downloaded here.

Gov. Jerry Brown signs AB 131, second part of California Dream Act

Photo courtesy of Dream Team Los Angeles

A California Dream Act supporter's sign at an L.A. demonstration last week

It came down almost to the wire, but California Gov. Jerry Brown has signed legislation that will allow undocumented college students in the state to obtain the same kind of publicly-funded financial aid for tuition now available to U.S. citizens and legal residents.

Late this morning, Brown signed a bill known as AB 131, the second of two bills referred to as the California Dream Act. The signing deadline was tomorrow. The Sacramento Bee published part of a statement from Brown:

“Going to college is a dream that promises intellectual excitement and creative thinking. The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us,” Brown said in a prepared statement.

Both AB 131 and its companion bill, AB 130, were sponsored by Assembly member Gil Cedillo of Los Angeles, who has successfully shepherded similar measures through the legislature in the past, all met with vetoes. While Brown had expressed support for both measures, the time it took for him to sign AB 131, approved by state lawmakers at the end of August, had both supporters and opponents of the bill wondering if he’d decline to sign it.

Part of what made the bill so contentious is that unlike AB 130, which only entitles undocumented students to privately funded grants and scholarships, AB 130 requires the use of state funds. Cedillo’s office has estimated that implementing AB 131 could cost anywhere between $22 million and $42 million, although roughly $13 million of that would come from money that is already set aside for low-income students whose grades qualify them for CalGrants.

As controversial as AB 131 has been, it is not the first state measure allowing undocumented students access to publicly funded tuition aid. According to Cedillo’s spokesman Conrado Terrazas, New Mexico and Texas similarly allow public financial aid for undocumented students, and Illinois has legislation allowing them access to privately-funded tuition aid. Several states – including California – allow undocumented college students who meet state residency requirements to pay less costly in-state tuition rates.

A post earlier this week on whether Brown would sign AB 131 generated more than 70 comments on the Multi-American site, with readers getting into heated debates over the bill. “VETO!” one reader posted last night.

Half an hour ago, a reader identified as Soixantte posted: “Guess what haters? He signed it.”

A recent version of the bill can be downloaded here.

Will the California Dream Act become law? Readers’ reactions

Photo by CSU Stanislaus Photo/Flickr (Creative Commons)

A post earlier this week addressing whether or not California Gov. Jerry Brown will sign a bill making up part of what’s known as the California Dream Act has generated a very long string of comments, an example of how divisive the debate over the bill has become.

The California Dream Act is composed of two measures, one already signed into law by Brown in July, the other awaiting his signature by Sunday’s approval deadline. The first measure, known as AB 130, will grant undocumented college students access to privately funded scholarships and grants; the second, if it becomes law, would allow them to access the same publicly-funded financial aid that other students are able to obtain for tuition.

Part of the rub with the second bill, known as AB 131, is the money. With the state in a financial crisis, even some of those who didn’t mind the first bill oppose this one. The measure could cost between $22 million and $42 million to implement, according to the office of state Assembly member Gil Cedillo, who sponsored both bills. However, roughly $13 million of that would come from money already set aside for low-income students whose grades qualify them for CalGrants.

While there is vocal opposition, not necessarily along party lines, the bill has the widespread support of immigrant and Latino advocacy groups, along with a network of undocumented college students and their supporters. Undocumented students in California may obtain in-state tuition rates, but are presently barred from financial aid.

The comments under Wednesday’s post have ranged from ardent support of AB 131 to outrage that it’s being even considered. A few of the highlights, unedited:

Maldonado wrote:

*******************I don’t really understand  how some  of you can talk like that about illegal immigrants as if we were from another planet, we are just people that want to get a better future working in this country, doing the kind of jobs that you won’t do not even obligated. we are not taking any money from you……we are the ones who cook your food, clean and build your houses. Are we taking your jobs? Are you a US citizen looking for a job? I give you the address of the restaurant where I work so you can earn money as a dish washer,  it is for sure that no even a starving US citizen will get lower to that point. Do you think you are better than us? show me physically what you have that we don’t……we have feelings, just like you. we get sick just like you. And also we are people, just like you*********************
HeSaid1 wrote:
Just to set the record straight, this is not about loans.  Illegal Alien Students are not eligible for loans.  AB 131 (Development, Relief, and Education for Alien Minors and its contents at:  http://www.aroundthecapitol.co… will give FREE State, Local, and Federal monies for books, living expense, etc., EOPS funds, fee (tuition) waivers, and other Board of Governors discretionary decisions.
It does not make them eligible to be legally employed, nor provide a path to citizenship.  It would give them free money for a higher education with no ROI (return of investment) and add to our bankrupt State’s debt ($38 Million) while displacing and “pricing out” those Legal Students (Californian Legal Residents and Legal Immigrants) through reverse economic discrimination.  Also, for the four year schools, out-of-state and Foreign Nationals are being recruited because they can pay nearly double the in-state tuition, to line the coffers of the de-funded system.

Will Jerry Brown sign the California Dream Act’s AB 131?

Photo courtesy of Dream Team Los Angeles

UCLA graduate and California Dream Act supporter Nancy Meza holds petitions in downtown Los Angeles, Wednesday, October 5, 2011

California Gov. Jerry Brown has just four days left to sign or veto a bill known as AB 131, part of what’s called the California Dream Act, before a bill-signing deadline.

Brown has indicated his support in the past for the measure, which would allow undocumented students access to publicly-funded financial aid for college. But with little time left to go – and a history of similar bills being vetoed by former governor Arnold Schwarzenegger – the students who would benefit from AB 131 and immigrant advocates are increasing the pressure.

In Los Angeles, student activists organized a small demonstration downtown this morning to deliver petitions to Brown’s local office. Other AB 131 supporters have been circulating petitions online and urging calls to the governor.

No word yet from Brown’s office today on the likelihood that he’ll decide on the bill before Friday, but a spokesman for AB 131 sponsor Gil Cedillo, a Democratic state assembly member from Los Angeles, said the governor has until Sunday.

“The deadline is the 9th, so even if it is a weekend, that is the last day he can sign or veto bills,” wrote Conrado Terrazas, Cedillo’s spokesman, in an email.

The stakes are high and the bill is especially contentious, with supporters and opponents divided along more than party lines.

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Readers react to the California Dream Act

Photo by Leslie Berestein Rojas/KPCC

Students' t-shirts at the AB 130 signing ceremony at Los Angeles City College Monday, July 25, 2011

Readers have posted close to 30 comments since Monday on a piece related to the California Dream Act, half of which was signed into law that day by Gov. Jerry Brown in Los Angeles.

The bill that became law, known as AB 130, is the slimmer of two bills that would make it easier for undocumented college students to pay tuition. AB 130 gives these students access to privately funded university scholarships derived from non-state funds.

The more contentious AB 131, which remains hung up in a state Senate committee, would give them access to publicly funded financial aid, which only U.S. citizen and legal resident students are entitled to now.

Public funds or not, the idea of giving undocumented students an easier path through college clearly rattles some. California already allows undocumented college students who meet residency criteria to pay in-state tuition rates, unlike many other states.

Bobeast lamented:

“qualify for in-state tuition under California law”
So they qualify for “in-state” tuition, even if they had to sneak to get in-state? Have we lost our minds? By what theory, legal. moral,  or otherwise, should we afford the rights of citizenship to those who snuck into our country uninvited? I honestly think we’ve simply gone stupid as a society.

Several readers who back the tuition proposals argued that many of the young people who benefit came here at a very early age, brought by their parents with no say in the decision.

Getyourfactsstraight replied:

“uninvited” did you have a choice on where you were born or where you grew up? I think not. So technically you are uninvited here too.

Samantha echoed this:

most of these students had no choice coming here, their parents smuggled them illegally; and theyre just trying to live their life as best as they can. For some of us illegal immigrants, going back to mexico would pretty much be signing a death sentence especially where there are so many narcotics

Jennifer Luchsinger wrote:

I’m disgusted. While I am a firm advocate of education, if these students cannot obtain legal employment, then they will not be required to add to the tax base in our state, nor will they be required to pay taxes to the IRS. We pay taxes so that we can live in a safe society. I have absolutely ZERO sympathy for these students, or their families.

Some of the comments I won’t reprint, as the exchanges became heated and personal at times. But they do point to the highly controversial nature of these proposals, especially AB 131. The bill’s proponents in the state legislature are trying to move to the Senate floor by the end of August in a political climate that is complicated by the state’s financial crisis.

An estimated 24,000 undocumented youths graduate each year from the state’s high schools, according to the office of Gil Cedillo, the Democratic Assembly member who sponsored both bills. It’s estimated that AB 131 would cost between $32 million and $35 million annually, although a portion of this money is already set aside each year for high school students who qualify in terms of income and GPA for Cal Grants college tuition grants, according to Cedillo’s office.

Now that half the California Dream Act is law, what’s next?

Photo by Leslie Berestein Rojas/KPCC

Students' t-shirts at the AB 130 signing ceremony today at Los Angeles City College, July 25, 2011

As students peered through bookshelves to catch a glimpse, Gov. Jerry Brown signed into law a piece of legislation known as AB 130 in the library of Los Angeles City College, a community college serving students on the working-class southern fringe of Hollywood.

Photo by Leslie Berestein Rojas/KPCC

Gov. Jerry Brown addresses the crowd at Los Angeles City College, July 25, 2011

The bill is one-half of a legislative package referred to as the California Dream Act, two bills sponsored by Democratic Assembly member Gil Cedillo that aim to make it easier for undocumented college students to pay for college. The mood was celebratory as Brown put pen to paper, granting these students access to scholarships based on private, non-state funding previously unavailable to them.

But afterward, the students in the library made no bones about being disappointed that AB 130′s companion bill, AB 131, has yet to make it to the Senate floor for a vote. That bill would enable them to access public state-funded financial aid, including Cal Grants, as U.S. citizen and legal resident students do now.

“It’s good that AB 130 passed,” said Shirley Santos, 19, a sophomore at Fullerton City College studying to become a biochemist. “But it’s not complete.”

Santos, who arrived in the United States at age five with her family and remains undocumented, wore a white t-shirt depicting a half-full glass with a question mark, as did several of her friends.

It’s a milestone just that AB 130 has come as far as it has, with similar legislation sponsored by Cedillo having been vetoed three times by Gov. Arnold Schwarzenegger. It was the easiest to pass of the two bills. The prospects for AB 131, which would involve the use of state funding, remain unclear. Opponents have raised questions about how the state would pay for the student aid while it struggles through a financial crisis.

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