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:
DACA Ruling September 2023
Useful links:
- Guide For Undocumented Individual Traveling In California
- U.S. Citizenship and Immigration Services
- Immigrant Legal Resource Center (ILRC).
- FAQ’s on DACA
- Know Your Rights with DACA
- DACA Renewal Calculator
- DACA Information
- DACA Tools and Data
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.
Assembly Bill AB540
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
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.
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.
SDSU AB 540 Process
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.
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.
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.
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
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.
