What is Assembly Bill 540 (AB 540)?
Assembly Bill 540 is a California law that allows qualified students to pay in‐state tuition at the state's institutions of higher education. AB 540 does not grant state or federal financial eligibility, and only provides an exemption to the requirements to pay non‐resident tuition.
How Does One Qualify for AB 540?
To qualify as an AB 540 student, undocumented students must:
- Have attended a California high school for 3 years or more full academic years between grades 9 through 12 (they do not need to be consecutive years).
- Be (or will be) a graduate from a California high school or have attained a GED; or received a passing mark on the California High School Proficiency Exam (CHSPE).
- Register or be currently enrolled at an accredited institution of public higher education in California.
- File or plan to file an affidavit as required by individual institutions, stating that he/she will apply for legal residency as soon as possible.
- Not hold a valid non‐immigrant visa (F, J, H, L, A, E, etc.). Students that do not qualify for AB 540 can still attend a California institution of higher education as long as they meet the admissions criteria and are accepted by the university, but they must pay out‐state tuition.
CA Dream Act (AB 130 and AB 131):
- AB 130 allows students who meet AB 540 criteria to apply for and receive non-state-funded institutional aid.
- AB 131 allows students who meet AB 540 criteria to apply for and receive state-funded financial aid such as institutional grants, community college fee waivers, Cal Grant, and Chafee Grant.
Other laws related to undocumented immigrants
Driver’s License (AB 60): Beginning January 1, 2015, any eligible California resident will be able to receive a driver’s license, regardless of immigration status. An applicant who does not have proof of lawful presence will receive an AB 60 license, which will have a visible distinguishing feature. For more information, visit Drive's CA coalition website.
Trust Act (AB 4): The TRUST Act (AB 4) went into effect on Jan. 1, 2014. It limits the collaboration between Immigration and Customs Enforcement (ICE) and local police. All counties in California must follow this law, which limits immigration "hold" requests in local jails.
SB 1159: Effective, Jan. 1, 2016. SB 1159 requires all 40 licensing boards under the California Department of Consumer Affairs to consider applicants regardless of immigration status by 2016. These licensing boards include licensing needed to practice medicine, accounting, law, etc.
CA Dream Loan Program (SB 1210): Effective for the 2015-2016 academic year, students attending a participating campus of UC or CSU may receive a loan, referred to as a DREAM loan, through the program if the student satisfies specified requirements.
