Policy and Legislation
DACA
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. This is all made possible through an Executive Action by the Obama administration; as this is not a law, this status can be revoked or terminated at any time by the executive branch of the government (US President).
Latest Update:
Appeals Court Hears Arguments Over DACA’s Future Oct 11, 2024
DACA Ruling September 2023
Useful links:
Biden Eases Visa Process for U.S. Grads and Dreamers June 21, 2024
Statement from President Joe Biden on the Anniversary of DACA June 15 2024
US President Joe Biden Statement on DACA July 17, 2021
If you have not heard back regarding your DACA renewal status, you can contact your legislative representative who may be able to assist. Prior to contacting your representative, we recommend researching their stance on DACA as some may or may not be supportive.
To find your congressional representative, click here.
Advance Parole
Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services, that allows certain noncitizens inside the United States to depart and seek to reenter the country after temporary travel abroad.
Useful Links:
- Traveling with Advance Parole in 2022
- Advanced Parole Assistance
- Want to Study Abroad and have DACA ? Check out The California-Mexico Studies Center
- Advanced Parole
State Legislation
Assembly Bill 540 (AB 540)
Assembly Bill 540, or better known as AB 540, was passed in 2001 and grants students meeting certain criteria an exemption from paying nonresident tuition at the California
AB 540 Process at SDSU
To request an exemption from paying nonresident tuition and establish your eligibility under AB 540, you must complete and submit a California Nonresident Tuition Exemption Request (also called an AB 540 Affidavit) along with required documentation to the SDSU Office of Admission. The documentation required typically includes high school transcripts and a high school diploma. When submitting transcripts to the SDSU Office of Admissions, they must be official and come directly from the institution attended. For more information on how to submit official transcripts, please visit https://admissions.sdsu.edu/transcripts.
Assembly Bill 699 Safe Schools for Immigrants (AB 699)
Safe Schools for Immigrants (AB 699): Establishes guidelines for ICE's school
visits and provides protections for immigrant students and their parents.
Assembly Bill 2000 (AB 2000)
Assembly Bill 2000 (AB 2000), passed in 2014, is an expansion of AB540. It increases the scope of student eligibility for students who graduated early from a California High School with the equivalent of three or more years of credits. If a student graduates early, they must have attended CA elementary or secondary schools for a cumulative total of 3 or more years. It allows students meeting the criteria below to pay in-state tuition, the same as resident students.
California Dream Act (Assembly Bills 130 and 131)
AB 130 and 131, better known as the California Dream Act, were signed into law in 2011. These assembly bills give AB 540 / AB 2000 students the right to apply for state financial aid, including Cal Grant A & B Entitlement awards, Cal Grant C awards, institutional grants, and community college fee waivers.
California Values Act (SB 54)
California Values Act (SB 54): Does not allow state and local resources to be used for mass deportation and separation of families. Read more about it here and here.
Dignity Not Detention (SB 29):
Dignity Not Detention (SB 29): Prohibits new privately funded immigration detention centers to be built in the state of California. It also outlaws cities from rewriting or modifying already existing contracts with private immigration detention centers.
Driver Licenses (AB 60)
Assembly Bill 60 allows undocumented individuals to obtain a California state driver license, if certain requirements are met.
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.
Immigration Worker Protection (AB 450)
Immigration Worker Protection (AB 450): Prohibits employers from releasing
employee records to ICE agents and prohibits their entry to their place of business.
It
also requires employers to provide proper notification to employees of upcoming ICE
inspection.
Medi-Cal & DACA
In California (under PRUCOL category), DACA recipients can receive full coverage Medi-Cal if they meet the income threshold. Read more here.
Senate Bill 68 (SB 68)
Senate Bill 68, passed in 2017, amended Education Code, section 68130.5, changing the criteria for students eligible for a nonresident tuition exemption, as previously defined in Assembly Bill 540 (2001). Senate Bill 68 expands the requirements of AB 540/ AB 2000 to include attendance at California Community Colleges and attainment of an associate's degree.
Senate Bill 75 (SB 75)
Senate Bill 75 (SB 75): Allows undocumented children and teens under the age of 19 to fully access Medi-Cal benefits.
Senate Bill 104 (SB 104)
Senate Bill 104 (SB 104): This 2019 law allows undocumented immigrants under the
age of 26 to be eligible for Medi-Cal.
Senate Bill No. 1159 (SB 1159)
Senate Bill No. 1159 (SB 1159) allows undocumented individuals to apply for professional state licenses (e.g., nursing, barbering, auto repair) using an ITIN instead of a Social Security Number (SSN). Access a list of California state licenses.
Temporary Protected Status (TPS)
Congress created TPS in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stays of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.
Trust Act (SB 54)
The Trust Act represents a historic milestone for California, aimed at safeguarding many immigrants from deportation. This guide offers practical advice for advocates to ensure the Act is implemented effectively and to build on its momentum to further reduce deportations. Read more about it here.
