Undocumented students see hope in new bills

Ken Paglia

Even though Sacramento State senior Yeimi Lopez proudly identifies herself as an illegal immigrant, her status has its challenges. For one, she does not qualify for financial aid.

“It feels like all my energy goes into fundraising for tuition and rent,” said Lopez, a digital media major.

But a pair of bills waiting for Gov. Arnold Schwarzenegger’s approval could change that.

Senate Bill 1460, better known as the California DREAM Act of 2010, would allow some undocumented students to apply for financial aid and qualify for community college fee waivers. Authored by Sen. Gilbert Cedillo, D-Los Angeles, it would apply to students who have attended a California high school for at least three years and graduated.

Assembly Bill 1413, authored by Assemblyman Felipe Fuentes, D-Los Angeles, would make the same qualified undocumented students eligible to receive Cal Grants, the state-funded grants given to students for college expenses.

“I didn’t come to this country by choice, but I’m here to contribute to the community,” said Lopez, who moved with her parents from San Bernardo, Mexico to Southern California when she was 7 years old. “This would allow hardworking students who are being held back because they don’t have financial resources to accomplish their dreams and contribute to society.”

The bills passed through the Legislature on Aug. 31 with a vote count of 21-12 for SB 1460, and 21-13 for AB 1413.

Now Schwarzenegger has until Thursday to veto or sign them into law.

Schwarzenegger vetoed two similar bills, the California DREAM Acts of 2006 and 2008, both by Cedillo.

“These students are here illegally. If they get an education, their status is still illegal. The dream is that they’re going to get a job. But if you’re illegal you can’t get a job,” said Paul Curry, a Sacramento lobbyist who has written more than 80 pieces of legislation. “I get there’s people who need help. But you have to encourage people to do it right. You shouldn’t reward people for breaking the law. It’s a federal issue; let’s resolve it at the federal level.”

Opponents say the bills would take financial aid away from legal residents, Lopez said.

But the DREAM Act states the number of financial awards available to legal residents cannot be diminished as a result of undocumented students’ eligibility for aid, said Xochitl Arellano, spokesman from Cedillo’s office.

AB 1413 applies only to entitlement Cal Grants, which are guaranteed to qualified high school graduates. It would not apply to competitive Cal Grants, which are not guaranteed, Arellano said.

Others have argued that Cal Grants come from state tax money, and that illegal immigrants should not receive those grants because they do not pay taxes, Lopez said.

But that is an unfair criticism, Lopez said, because many illegal immigrants do pay taxes using Individual Tax Identification Numbers, an alternate to the Social Security number.

“The only people who wouldn’t agree with these bills are misinformed,” she said. “I’ve had some people be rude to me about my immigration status, but it’s only because they didn’t take the time to stop and listen.”

Lopez is the founder of Scholars Taking Action for a Nationwide Dream, or STAND, a campus group that raises money for undocumented students at Sac State.

STAND has organized about 1,000 calls to the governor’s office and has written about 250 letters to lobby his signature on the bills, Lopez said.

“The laws would allow a lot of undocumented students to successfully graduate. A lot of us drop out of school or take the semester off because we can’t find the money,” Lopez said. “This is Schwarzenegger’s chance to make something big happen before he leaves office.”

Sac State does not normally take positions on bills, said John Kepley, special assistant to President Alexander Gonzalez. But the California State University system supports both the DREAM Act and AB 1413.

“The students (eligible under these bills) have completed high school with the academic performance necessary to enroll in college and they deserve an opportunity to do so in order to enter the workforce and contribute to their community and California,” said CSU spokesman Erik Fallis.

The CSU does not keep track of enrolled undocumented immigrants. But it does count “AB 540” students, named after the 2002 law that allows undocumented students, who have attended three years at a California high school and have graduated, to receive in-state tuition.

There were 3,600 AB 540 students enrolled at CSU campuses last year, Fallis said.

At Sac State, illegal immigrants are initially screened to ensure they qualify for in-state fees under AB 540. After that, the university does not track them, said Sac State spokeswoman Kim Nava.

The number of AB 540 students enrolled at Sac State was not available, Nava said.

Also in support of the bills is the California State Student Association, a group composed of the student governments of all 23 CSU campuses.

“The students that would benefit from the DREAM Act represent some of our most driven and productive students,” Chris Chavez, president of the association, said in an e-mail to The State Hornet. “They have given so much to California and will continue to do so if California invests in them.”

Ken Paglia can be reached at [email protected].