California DREAM Act

California DREAM Act is a legislative package consisting of two bills, AB 130 and AB 131, which were signed into law by Governor Jerry Brown in 2011. It allows eligible undocumented students who meet specific criteria to receive state-funded financial aid for higher education at public institutions in California. The legislation marked a significant expansion of educational access, building upon the provisions of the state's AB 540 tuition waiver and operating independently of the stalled federal DREAM Act.

Overview

The legislation was designed to provide financial assistance to undocumented students who had attended California high schools. It works in conjunction with the existing AB 540, which grants certain non-resident students an exemption from paying non-resident tuition at the University of California, the California State University, and California Community Colleges. By enabling access to state-administered grants, fee waivers, and scholarships, the policy aims to reduce financial barriers for a population ineligible for federal aid programs like the Pell Grant. The implementation is managed by the California Student Aid Commission in coordination with public higher education systems across the state.

Eligibility requirements

To qualify for benefits, a student must meet the criteria set forth in AB 540, which requires attendance at a California high school for three or more years and graduation from a California high school or attainment of an equivalent degree. Applicants must also file an affidavit stating they have filed an application to legalize their immigration status or will do so as soon as eligible. Eligibility for the Cal Grant program under AB 131 further requires demonstration of financial need, as determined by the completion of the California Dream Act Application instead of the federal FAFSA. Students must also meet the income and asset ceilings, academic requirements, and other criteria established by the California Student Aid Commission.

Provisions and benefits

The first component, AB 130, permits undocumented students at public universities to receive privately funded scholarships administered by the campuses, such as those from the University of California or California State University foundations. The second and more expansive component, AB 131, allows qualifying students to apply for and receive state-funded financial aid, including Cal Grant awards, the California College Promise Grant (formerly the Board of Governors Fee Waiver) at community colleges, and assistance through the Educational Opportunity Program. These benefits cover tuition, fees, and in some cases, living expenses, making college attendance more feasible for recipients who are barred from federal aid and most private loans.

Legislative history and passage

The legislation was authored by Democratic Assemblymember Gil Cedillo of Los Angeles and underwent several years of debate and revision. Earlier versions of the bill had been vetoed by Governor Arnold Schwarzenegger in 2006 and 2008. The successful 2011 package was split into two bills: AB 130 passed the California State Legislature in July 2011, and AB 131 passed in September 2011. Both were signed by Governor Jerry Brown on October 8, 2011, at Los Angeles City College. The laws took effect on January 1, 2012, with the Cal Grant provisions under AB 131 becoming operational for the 2013-2014 academic year.

Impact and outcomes

Since implementation, thousands of students have benefited, with the California Student Aid Commission reporting tens of thousands of applications annually. The policy has increased college enrollment and persistence rates among eligible undocumented students in the state. It has also served as a model for other states considering similar measures and has influenced broader conversations about immigration and education policy at the national level. The act's success is often cited in advocacy for comprehensive federal immigration reform and has been supported by organizations like the University of California regents and the California Faculty Association.

Category:California law Category:2011 in American law Category:Education in California Category:Immigration to the United States