Spring 2022
Committee:
Executive Committee, Legislative Affairs Committee
WHEREAS, the Federal Green Card backlog, which exceeds 9-million petitions for Permanent Residency [1] disproportionately affects legal immigrants of color and legal immigrants of color have to wait in line for a Green Card far longer than their European counterparts, thus, a legal immigrant who entered the US as a child will not have received a Green Card even after reaching adulthood, which cascades down to student immigrants all across the country as they age-out of their parents’ dependants visa at the age of 21, and are forced to convert to an F1 student visa or risk deportation;
WHEREAS, about 25% of all California Immigrants hold some kind of Legal Status [2] and students who possess a dependant’s visa from their parents, or an F1 visa are ineligible for Federal Financial Aid, similar to their undocumented counterparts, however, unlike their citizens, permanent residents, and undocumented counterparts, students who possess a dependant’s visa from their parents, or an F1 visa are ineligible for California State-based Financial Aid, which is determined based on the eligibility for CalGrant and AB540;
WHEREAS, as of 2018, California holds about 2.8 million college-educated immigrants [3] and that number is likely to grow over the course of the pandemic as distance learning is more accessible, unfortunately, immigrants who are California residents but hold a non-immigrant visa will likely be expected to spend 2x, their citizen, permanent resident, or undocumented counterparts, for a community college education due to lack of CalGrant Financial Aid, and sometimes improper residency classifications; and
WHEREAS, Advocating for the expansion of AB540 and CalGrant for Legal Immigrants in California will help build the California workforce and labor market by retaining students who studied in a California educational institution; now, therefore, be it resolved
RESOLVED, that the Student Senate for California Community College advocate for pathways to develop a council/sub-committee to discuss and evaluate problems persisting the student immigrants in California;
RESOLVED, that the Student Senate for California Community College advocate to eliminate the section under AB540 that disqualifies non-immigrant visa holders, who are eligible California residents, from receiving a CalGrant and being exempt from Non-Resident Tuition, (OR) and the Student Senate for California Community College advocate for the expansion of CalGrant and AB540 eligibility to include Legal Immigrants who are also California Residents, which may include proposing new state legislation, lobbying on existing state legislation, and/or expanding the student’s voice on this issue through social media platforms and news outlets; and
RESOLVED, that the Student Senate for California Community College work closely with Community College Admissions and Records Office, as well as UC and CSU Admissions Office and Residency Deputies, to outline and implement an inclusive process that treats International Students with Legal Status, who are also California residents, as in-state students, and to waive the general F1 visa criteria that are currently being imposed negligibly, for all students with legal status during the College Admissions Process;
RESOLVED, that the Student Senate for California Community College work with community colleges as well as UC and CSU Financial Aid Offices, to streamline access to financial aid for California residents with legal status as well as scholarships, paid-internships, and other work-study opportunities.
Citation for AB540: Public postsecondary education: exemption from nonresident tuition, Cal. Assem. B. 540(2001-2002), Chapter 814 (Cal. Stat. 2001)
Citation 1: Bier, David J. “Family and Employment Green Card Backlog Exceeds 9 Million.” Cato.org, Cato Institute, 29 Sept. 2021,
https://www.cato.org/blog/family-employment-green-card-backlog-exceeds-9-million.
Citation 2: Johnson, Hans, et al. “Immigrants in California.” Public Policy Institute of California, Public Policy Institute of California, 1 Nov. 2021,
https://www.ppic.org/publication/immigrants-in-california/.
Citation 3: Batalova, Jeanne, and Kira Olsen-Medina. “College-Educated Immigrants in the United States.” Migrationpolicy.org, Migration Policy Institute, 17 May 2021, https://www.migrationpolicy.org/article/college-educated-immigrants-united-states-2018.
WHEREAS, about 25% of all California Immigrants hold some kind of Legal Status [2] and students who possess a dependant’s visa from their parents, or an F1 visa are ineligible for Federal Financial Aid, similar to their undocumented counterparts, however, unlike their citizens, permanent residents, and undocumented counterparts, students who possess a dependant’s visa from their parents, or an F1 visa are ineligible for California State-based Financial Aid, which is determined based on the eligibility for CalGrant and AB540;
WHEREAS, as of 2018, California holds about 2.8 million college-educated immigrants [3] and that number is likely to grow over the course of the pandemic as distance learning is more accessible, unfortunately, immigrants who are California residents but hold a non-immigrant visa will likely be expected to spend 2x, their citizen, permanent resident, or undocumented counterparts, for a community college education due to lack of CalGrant Financial Aid, and sometimes improper residency classifications; and
WHEREAS, Advocating for the expansion of AB540 and CalGrant for Legal Immigrants in California will help build the California workforce and labor market by retaining students who studied in a California educational institution; now, therefore, be it resolved
RESOLVED, that the Student Senate for California Community College advocate for pathways to develop a council/sub-committee to discuss and evaluate problems persisting the student immigrants in California;
RESOLVED, that the Student Senate for California Community College advocate to eliminate the section under AB540 that disqualifies non-immigrant visa holders, who are eligible California residents, from receiving a CalGrant and being exempt from Non-Resident Tuition, (OR) and the Student Senate for California Community College advocate for the expansion of CalGrant and AB540 eligibility to include Legal Immigrants who are also California Residents, which may include proposing new state legislation, lobbying on existing state legislation, and/or expanding the student’s voice on this issue through social media platforms and news outlets; and
RESOLVED, that the Student Senate for California Community College work closely with Community College Admissions and Records Office, as well as UC and CSU Admissions Office and Residency Deputies, to outline and implement an inclusive process that treats International Students with Legal Status, who are also California residents, as in-state students, and to waive the general F1 visa criteria that are currently being imposed negligibly, for all students with legal status during the College Admissions Process;
RESOLVED, that the Student Senate for California Community College work with community colleges as well as UC and CSU Financial Aid Offices, to streamline access to financial aid for California residents with legal status as well as scholarships, paid-internships, and other work-study opportunities.
Citation for AB540: Public postsecondary education: exemption from nonresident tuition, Cal. Assem. B. 540(2001-2002), Chapter 814 (Cal. Stat. 2001)
Citation 1: Bier, David J. “Family and Employment Green Card Backlog Exceeds 9 Million.” Cato.org, Cato Institute, 29 Sept. 2021,
https://www.cato.org/blog/family-employment-green-card-backlog-exceeds-9-million.
Citation 2: Johnson, Hans, et al. “Immigrants in California.” Public Policy Institute of California, Public Policy Institute of California, 1 Nov. 2021,
https://www.ppic.org/publication/immigrants-in-california/.
Citation 3: Batalova, Jeanne, and Kira Olsen-Medina. “College-Educated Immigrants in the United States.” Migrationpolicy.org, Migration Policy Institute, 17 May 2021, https://www.migrationpolicy.org/article/college-educated-immigrants-united-states-2018.