Immigration groups urge Brown to sign part two of California Dream Act

California Governor Jerry Brown, right, and Assemblyman Gil Cedillo, shown here after the July 25 signing of part one of the California Dream Act. Brown now has until Oct. 9 to sign the second half of the bill, which would provide undocumented students access to publicly-funded scholarships. 

CALIFORNIA: California Governor Jerry Brown has until Oct 9 to sign legislation which would give the state's 41,000 undocumented students access to Cal Grants, UC grants and other state-funded scholarships for college education.

The bill - known as AB131 - is the second half of the California Dream Act, engineered by California state Assemblyman Gil Cedillo, a Democrat from Los Angeles. Brown July 25 signed into law AB130, the first half of the California Dream Act, which allows undocumented students to apply and receive privately-funded scholarships (I-W, Aug. 12). AB131 had been gridlocked in the Senate Appropriations committee, but passed with amendments, before moving on to the full Senate for a vote Sept 1. The bill then went back to the State Assembly for approval of the amendments and was handed to the governor for approval Sept 9.

About 41,000 of the 2.89 million students enrolled in California's UC, CSU or community college system are undocumented. Asian Americans account for more than 18,000 of the undocumented student population in the three California public colleges system.

All three higher education systems, originally designed to provide low-cost, quality education to California residents, have seen steady hikes in fees over the past decade.

AB131 would allot about $13 million to undocumented students from a program which received $700 million in funding for the 2009-10 school year.

Under the provisions of the amended bill, undocumented immigrant students could only qualify for public financial aid that remains after legal residents apply.

But the governor's office refused to state whether Brown would sign AB131. "Our office does not comment on legislation prior to the governor taking action," Evan Westrup, a spokesman for Brown, told India-West in an e-mail.

Brown himself has been vague on whether he will sign the bill. At an Aug. 25 press conference on jobs creation for the state, Brown - in response to a question from a reporter about the Act - hinted at his support, saying, "I do believe we can get kids into higher education. Giving incentives to bright, capable, young people is something I want to encourage, not discourage."

Mario Beltran, senior field representative for Cedillo, told India-West the governor has not indicated to Cedillo's office what he plans to do with the bill.

Answering critics' charges who claim that the bill takes away financial aid from documented students, Beltran said that Cal Grants funds are allotted each year based on the number of graduating high school students who would meet financial criteria for applying. But many of those students never apply, leaving unused funds which are then returned to the state's general coffers.

"The state's investment (in undocumented students) is definitely going to pay off over time," asserted Beltran, adding that over the next decade, California is going to need about one million skilled workers to replace those who are retiring.

"Our responsibility is to educate anyone who is willing to put themselves through that process," he said.

Jorge-Mario Cabreras, spokesman for the Coalition of Humane Immigrant Rights of Los Angeles, told India-West that the organization was mobilizing student rallies across California in support of AB131. CHIRLA received a boost Sept. 15 when the California Teachers' Association sent Brown a letter urging him to sign the bill.

Noting the recent attacks against Texas Governor Rick Perry - a Republican presidential contender who signed similar legislation in 2001 - Cabreras said Brown would likely sign the bill on a Friday to defray media attention.

But the California Dream Act - unlike the federal Dream Act which has gone into virtual oblivion since last May - cannot provide a pathway to legalization for undocumented students. President Barack Obama criticized Republicans for blocking the federal Dream Act, which would legalize, over several years, undocumented students who have grown up in the U.S.

"We strongly believe that the federal government should move towards some sort of legalization process," said Cabreras.

UC students currently pay $12,192 for in-state tuition per year, while out-of-state students must pay about $35,000. CSU students pay $6,262 for in-state tuition, while out of state students pay about $11,900 per year.

AB540, a California measure enacted in 2001, allows undocumented students to pay in-state tuition provided that they have completed three years of high school in California and graduated from a high school in the state. Students must sign a form stating that they are undocumented and will legalize their immigration status if they become eligible to do so.

Information on the AB540 form is kept confidential and cannot be passed along to other state or federal agencies.