Chinese Exclusion Act of 1882                                                                                                                                                                                                                  

• The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers
• First time prohibiting immigration based on nationality
• Fear of foregin Chinese taking jobs
  • https://immigrationhistory.org/item/an-act-to-execute-certain-treaty-stipulations-relating-to-chinese-aka-the-chinese-exclusion-law/
    • https://immigrationhistory.org/timeline/

1891 Immigration Bureau Established:

• “Congress quickly came to realize the challenges of enforcing immigration exclusions, leading it to authorize and fund a dedicated immigration bureau responsible both for processing legal immigrants and enforcing immigration restrictions.”
  • https://immigrationhistory.org/item/creation-of-the-immigration-bureau/
    • https://immigrationhistory.org/timeline/

Immigration Act of 1891

• “This 1891 immigration law clarified and centralized the immigration enforcement authority of the federal government, extended immigration inspection to land borders, and expanded the list of excludable and deportable immigrants.”
  • https://immigrationhistory.org/item/immigration-act-of-1891/
    • https://immigrationhistory.org/timeline/

Geary Act (1892)

• “Congress renewed the Chinese exclusion laws and expanded enforcement mechanisms by requiring that Chinese prove their lawful presence in the United States by carrying a Certificate of Residence, a precursor of the green card system, or be liable for detention and deportation.”

Fong Yue Ting v. United States (1892)

• Fong Yue Ting :https://supreme.justia.com/cases/federal/us/149/698/
  • This Supreme Court decision ruled as constitutional the 1892 Geary Act’s requirement that Chinese residents, and only Chinese residents, carry Certificates of Residence to prove their legal entry to the United States, or be subject to detention and deportation

United States v. Wong Kim Ark (1898)

• Contesting the 14th amendment
• “This Supreme Court case established the precedent that any person born in the United States is a citizen by birth regardless of race or parents’ status.”
  • https://immigrationhistory.org/item/united-states-v-wong-kim-ark-1898/
  • https://immigration.procon.org/wp-content/uploads/sites/40/united-states-v.-wong-kim-ark.pdf 

Immigration Act of 1917 (Barred Zone Act)

• “Created a “‘barred zone’ from the Middle East to Southeast Asia from which no persons were allowed to enter the United States, its main restriction consisted of a literacy test intended to reduce European immigration.”
  • https://immigrationhistory.org/item/1917-barred-zone-act/
• “….literacy requirement for immigrants over 16 and a head tax for entry into the country; it bars entry by ‘idiots,’ ‘feeble-minded persons,’ ‘epileptics,’ ‘insane persons,’ alcoholics, ‘professional beggars,’ all persons ‘mentally or physically defective,’ polygamists, and anarchists.”
  • https://immigration.procon.org/historical-timeline/#1900-1949
  • https://immigration.procon.org/wp-content/uploads/sites/40/1917act.pdf

Indian Citizenship Act of 1924

• Under this law All Native Americans born in the U.S. became citizens by birth right.“Native Americans were the last main group to gain this right set forth in the Fourteenth Amendment.”
  • https://immigrationhistory.org/timeline/
    • https://immigrationhistory.org/item/1924-indian-citizenship-act/

1924 Immigration Act: (Johnson-Reed Act)

• “To further limit immigration, this law established extended “national origins” quotas, a highly restrictive and quantitatively discriminatory system. The quota system would remain the primary means of determining immigrants’ admissibility to the United States until 1965.”
  • https://immigrationhistory.org/item/1924-immigration-act-johnson-reed-act/
    •  https://immigrationhistory.org/timeline/
    • https://immigration.procon.org/wp-content/uploads/sites/40/1924johnson-reedimmigrationact.pdf

Labor Appropriations Act of 1924

• “Immigration within the American hemisphere remained uncapped until 1965; however, in 1924 Congress authorized funding for the Border Patrol to regulate crossings occurring between immigration stations.”
• https://immigrationhistory.org/item/labor-appropriations-act-of-1924/
  • https://immigrationhistory.org/timeline/
  • Labor Appropriations Act of 1924 : “officially establishing the U.S. Border Patrol for the purpose of securing the borders between inspection stations….recruited from organizations such as the Texas Rangers, local sheriffs and deputies, and appointees from the Civil Service Register of Railroad Mail Clerks. The government initially provided the agents a badge and revolver.”
    • https://immigration.procon.org/historical-timeline/

Undesirables Aliens Act of 1929 

• (BLEASE’S LAW)
  • This Law limited the point of entry for crossing borders between Mexico and the U.S. Starting to fine up tp $1,000 and criminalize Mexican immigrants
    • https://immigrationhistory.org/item/undesirable-aliens-act-of-1929-bleases-law/

1929-1936 – Mexican “Repatriation Act” Forces Immigrants in the United States Back to Mexico

• “On Feb. 26, 1931, immigration officials suddenly closed off La Placita, a square in Los Angeles, and questioned the roughly 400 people there about their legal status…
  • Jobs withheld.
  • Prodded by labor unions, states and private companies barred non-citizens from some jobs
  • Public aid threatened.
  •  County welfare offices threatened to withhold the public aid of many Mexican-Americans.
• During this the US was trying to slow down the movement of “Mexican migration after 1,000,000 Mexicans migrated “illegally” but it hurt and threatened the Mexican American population.”
  • https://immigration.procon.org/historical-timeline/
  • https://immigrationhistory.org/item/%e2%80%8bmexican-repatriation/

Feb. 19, 1942 – US President Franklin D. Roosevelt Signs Executive Order 9066 Sending Tens of Thousands of Japanese Americans (Among Others) to Internment Camps (1942-1945)

• https://immigrationhistory.org/item/executive-order-9066/

Repeal of Chinese Exclusion: The Magnuson Immigration Act of (1943)

• “The importance of China becoming an ally in the Pacific war against Japan led Congress to repeal the Chinese Exclusion laws, placing China under the same immigration restrictions as European countries.”
  • https://immigrationhistory.org/item/1943-repeal-of-chinese-exclusion/
• Allowing Chinese to become citizens. (this was extended to other Asian countries that were allies to the U.S., Philippines and India, in 1946.
  • https://immigration.procon.org/wp-content/uploads/sites/40/1943magnusonimmigrationact.pdf
    • https://immigration.procon.org/historical-timeline/

1943 – Bracero Program Brings 5,000,000 Mexican Temporary Laborers to Work in US Farms and Railroads in a 22-Year Period due to the WWII then cancelled in 1964.

• “began the era of undocumented migration by ‘irregular’ migrants who worked temporarily under the threat of deportation… The Mexican side was a ‘no-man’s land’ where criminals and human traffickers operated freely”
  • For more resources https://immigrationhistory.org/item/bracero-agreement/
    • https://immigration.procon.org/historical-timeline/

Immigration and Nationality Act of 1965 (Hart-Celler Act)

• This law set the main principles for immigration regulation still enforced today. It applied a system of preferences for family reunification (75 percent), employment (20 percent), and refugees (5 percent) and for the first time capped immigration from within the Americas.
  • “Effective June 30, 1968, immigration and naturalization exclusion on the basis of race, sex, or nationality was prohibited. Under the Hart-Celler Act, new immigration criteria was based on kinship ties, refugee status, and ‘needed skills.”
  • https://immigrationhistory.org/item/hart-celler-act/
  • https://immigration.procon.org/wp-content/uploads/sites/40/hart-celler1965act.pdf
  • Civil Rights movement
  • https://youtu.be/DU-D6b40WX0  (critique: there is no elaboration on the important role of the Civil rights movement)

Refugee Act of 1980 Allows Persecuted Individuals to Seek Asylum in United States

• A continuation to and bringing U.S. compliance with the International Law
  • “any person unable or unwilling to return to his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion… In addition the act permits individuals within the United States and at the U.S. border to apply for ‘asylum’ or ‘restriction on removal,’ formerly known as ‘withholding of deportation.'”
    • Refugee since the 50’s especially to protect from communism  (vietnam)
    • https://immigrationhistory.org/item/refugee-act-of-1980/
    • https://immigration.procon.org/wp-content/uploads/sites/40/refugeeact1980.pdf
  • Same year created the Cuban-Haitian entrant the following tab
• 1980 – Cuba Allows 125,000 Cubans to Illegally Depart for the United States
  • “In 1980… the Cuban government allowed 125,000 Cubans to illegally depart for the United States from the port of Mariel, an incident known as the ‘Mariel boatlift.’ In 1984, the United States and Cuba negotiated an agreement to resume normal immigration, and to return to Cuba those persons who had arrived during the boatlift who were ‘excludable’ under U.S. law.”
    • It prompted the creation of the Cuban-Haitian Entrant Program.
    • https://immigrationhistory.org/item/mariel-boatlift/

Plyler v. Doe (1982)

• This Supreme Court case ruled the public schools cannot dismiss unauthorized immigrant children from attending public schools
  • https://immigrationhistory.org/item/plyler-v-doe/

1986, Congress passed the Immigration Reform and Control Act (IRCA).

• “This legislation had two major facets: amnesty and enforcement. IRCA provided amnesty to aliens who had completed one of two stipulations: they had resided continually in the U.S. since January 1982 or they had completed 90 days of agricultural work between May 1985 and May 1986. The acceptance rate for amnesty applications was about 94 percent, eventually giving legal status to approximately 3 million.”
  • https://immigration.procon.org/historical-timeline/
    • https://images.procon.org/wp-content/uploads/sites/40/1986immigrationreformandcontrol-act-ircathesimpson-mazzoliact.pdf
  • https://immigrationhistory.org/item/1986-immigration-reform-and-control-act/
  •  Grants Legal Status to Qualifying Immigrants Who Entered the US Illegally before Jan. 1, 1982

Immigration Act of 1990

• “Congress revised the Immigration Act of 1965 by implementing the H-1B visa program for skilled temporary workers, with some provisions for conversion to permanent status, and the diversity visa lottery for populations unable to enter through the preference system”.
  • Conference report filed in House (10/26/1990)
• This allowed for opportunities to apply to the lottery and access to the 40,000 diversity visas. Increasing the number of immigrant entries from non european countries in addition to employment visas.
  • https://immigrationhistory.org/item/immigration-act-of-1990/

1994 – California’s Proposition 187 Is Approved by Voters Anti-immigrant push (and Later Rejected by US District Court) 

• This proposition would have allowed educators, social workers and health workers “verify the legal status and report illegals to authorities and to deny them social service, health care and education benefits.”
  • https://immigration.procon.org/historical-timeline/

1996 The Antiterrorism and Effective Death Penalty Act (AEDPA) 

• expedite deportation of criminal aliens
• removal and bar alien terrorist
• narrow asylum provisions
  • https://immigration.procon.org/wp-content/uploads/sites/40/antiterrorismact1996.pdf
  • https://immigration.procon.org/historical-timeline/
  • War on drugs
    • More reading on the war on drugs available at the end.

1996 Personal Responsibility and Work Opportunity Reconciliation Act Denies Most Forms of Public Assistance to Most Legal Immigrants 

• “President Clinton signed into law ‘The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 , a comprehensive bipartisan welfare reform plan that will dramatically change the nation’s welfare system into one that requires work in exchange for time-limited assistance… The law includes provisions that would deny most forms of public assistance to most legal immigrants for five years or until they attain citizenship.”
  • https://immigration.procon.org/wp-content/uploads/sites/40/personalresponsibilityact1996.pdf

1996 The Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) expanded mandatory detention

• Adding penalties for undocumented immigrants who commit crimes while in the United States or who stay in the U.S. for statutorily defined periods of time. 
• Under this Act , individuals must complete a 10 year pardon outside the U.S.
• Preventing federal aid to undocumented individuals
• it did give Central Americans who seeked asylum in the 1980’s legal residency
  • https://immigrationhistory.org/item/1996-illegal-immigration-reform-and-immigrant-responsibility-act/
  • https://immigration.procon.org/historical-timeline/
    • https://immigration.procon.org/wp-content/uploads/sites/40/1996illegalimmigrationreformandimmigrantresponsibilityiiriraact.pdf

(2001) Supreme court case ZADVYDAS V. DAVIS 

• a key ruling that provided some civil rights protections and limited the powers of immigration authorities to indefinitely detain persons denied asylum.
• Following the immigration act 1965
  • https://immigrationhistory.org/item/zadvydas-v-davis/

• 2001, what happened?
  • 9/11
  • “military support was expanded to include counterterrorism activities. Although the DOD [Department of Defense] does not have the ‘assigned responsibility to stop terrorists from coming across our borders,’ its support role in counterdrug and counterterrorism efforts appears to have increased the Department’s profile in border security.”
    • https://immigration.procon.org/historical-timeline/

• In conclusion; three (3) things
  • (1) (2002) Enhanced Border Security and Visa Entry Reform Act
    • Updates Immigration Databases and Travel Document Requirements being able to scan and search for “aliens” through their databases and including biometrics.
      • https://immigration.procon.org/historical-timeline/
      • https://immigrationhistory.org/item/enhanced-border-security-and-visa-entry-reform-act/
  • (2) (2002) Homeland Security Act
    • Creation of the  Department of Homeland Security (DHS) by consolidating 22 diverse agencies and bureaus. 
    • https://immigrationhistory.org/item/homeland-security-act/
      • https://immigrationhistory.org/item/homeland-security-act/
  • (3) The Creation of I.C.E – Immigration and Customs Enforcement
    • Became one of the Agencies under DHS as part of the 2002 Homeland Security Act.
    • Officially established in 2003
      • https://www.ice.gov/features/history
    • ICE became incharge of detention centers, “Immigration detention is the practice of incarcerating immigrants while they await a determination of their immigration status or potential deportation,.. includes both undocumented and documented people”
      • https://www.detentionwatchnetwork.org/issues/detention-101
• Important history lesson/Review;
  • Due to the 1980s and 90s war on drugs, it “amended the Immigration and Naturalization Act to require the mandatory detention of immigrants with certain criminal convictions. This meant that their detention was automatic and compulsory, without a hearing or any consideration of their circumstances.”
  • The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) expanded mandatory detention. Both 1996 laws rendered any non-U.S. citizen, including legal permanent residents, vulnerable to detention and deportation.
• Anti immigrant Efforts:
  • Minuteman Project 2004 civilian volunteering to track down Undocumented individuals at the border
    • https://immigration.procon.org/historical-timeline/

 2005 – President Bush’s Secure Border Initiative Announced [SBI]

• another effort to expand detention and removal in order to eliminate catch and release canceled by Homeland Security Secretary Janet Napolitano in 2011“citing technical problems, cost overruns and schedule delays since its inception in 2005.”
• H.R. 4437 (109th): Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 – passed the house
  • https://www.congress.gov/bill/109th-congress/house-bill/4437   https://www.govtrack.us/congress/bills/109/hr4437 

2006 – Secure Fence Act Authorizes Fencing along the US-Mexican Border

• The first fence across the southern border and hopes to have better security in the northern border, increasing personnel and surveillance tech 
• The “goal” was to stop unauthorized immigration, terrorists and contraband efforts
  • https://www.federalregister.gov/documents/2018/10/10/2018-21106/inadmissibility-on-public-charge-grounds
  • https://immigrationhistory.org/item/secure-fence-act/

The Development, Relief, and Education for Alien Minors Act (DREAM)- was first introduced in 2001.

• S. 1291 would have required applicants to provide proof that he or she entered the United States before the age of 16 and has continuously lived in the United States for five years to establish conditional residency.
  • Having a high school Diploma or GED
  • good moral character
  • Pass a criminal background check
• https://www.americanimmigrationcouncil.org/research/dream-act-daca-and-other-policies-designed-protect-dreamers
• https://guides.ll.georgetown.edu/c.php?g=592919&p=4170929#:~:text=The%20DREAM%20Act%2C%20as%20introduced,entry%20into%20the%20United%20States.

• Failed attempts and revisions:
  • “In 2010, a revised version of the DREAM Act was introduced in the House (H.R. 6497) and passed; however, it failed to pass the Senate. Dick Durbin sponsored the DREAM Act in 2011 (S. 952), but the legislation had lost important support from Congressional republicans and was not passed.
    •  “As a result, young undocumented immigrants have since been called “Dreamers.”
    • Must go to School, work or be in the armed forces – added in the latest revision. All males must be registered to be drafted.
      • This led the focus from education to militarization. 
• Version: Dream Act, H.R. 2820 introduced in 2019
  • “May 2019 in the House by Rep. Roybal-Allard. H.R. 2820 was passed by the House Judiciary Committee on May 22, 2019, and the bill was subsequently combined with H.R. 2821, the American Promise Act of 2019, to form H.R. 6, the American Dream and Promise Act of 2019”
  • H.R. 6 passed the House, last action in June 2019.
  • H.R. 6: https://www.congress.gov/bill/116th-congress/house-bill/6
    • meaning that not only Undocumented youth beneficiaries but also two humanitarian programs: Temporary Protected Status (TPS) and Deferred Enforced Departure (DED)- both obtain work authorization and Trump admin has threatened to end the programs.
• The Challenge:
  • May have Heard pass the Clean DREAM Act; the debate that H.R. 6 was going to pass with other legislation that would make it more difficult or attack other immigrants that did not fall under the beneficiaries, give funding for Trump’s border wall, and other forms of Immigration Enforcements measures.
  • This included attacking “chain migration”
  • H.R. 6: https://www.congress.gov/bill/116th-congress/house-bill/6 
  • https://educationvotes.nea.org/2019/03/14/6-things-to-know-about-the-dream-and-promise-act-of-2019/ 

More on the TPS and DED: https://www.migrationpolicy.org/news/more-dream-act-less-promise

[DACA] Deferred Action for Childhood Arrivals:

• 2012- executive order signed by Obama
• limited number qualified
• NOT A STATUS
• a work permit
• opportunity for advanced parole
  • Rescinded in 2017 by Trump and his administration
    • was in limbo
  • June 18, 2020, SCOTUS ruled the program is intact… for now
  • Trump finding other ways to attack and end the problem legally
    • Recent DHS Announcement limiting the program against the law
    • Not letting new applicants
    • Strict guidelines for advanced parole
    • DACA now from a two-year program to ONE YEAR!
• UC Immigrant Legal Services: Fall Welcome Webinar & DACA Update, October 18, 2022
  • https://youtu.be/hzcJxKYWjwE

• DACA UPDATES 2022:
  • In July 2022, a federal court ruled that DACA is unlawful in Texas v. US. The ruling is still in effect.
    • Under the ruling:
      • USCIS will adjudicate DACA Renewals
      • USCIS will adjudicate DACA advance parole
      • USCIS will accept but will NOT adjudicate DACA initial application until further notice.
  • On October 5, 2022 the Fifth Circuit Court of Appeals issued a decision in the case of Texas v. US, in which it agreed with Texas and other states that have challenged the validity of DACA, and concluded that DACA is unlawful.
    • Under the ruling:
      • USCIS will adjudicate DACA Renewals
      • USCIS will adjudicate DACA advance parole
      • USCIS will accept but will NOT adjudicate DACA initial application until further notice.
• What Happens Now?
  • The court send the case back to Judge Hansen, the original judge that ruled that DACA is unlawful, to decide whether the DACA regulation that the Biden Administration recently issued is legal. 
  • Nobody knows the timing of the ruling. 
  • An estimated 800,000 DACA recipients are currently in the program.
  • An estimated 100,000 initial application are waiting for adjudication.
  • Impact on college students:
    • Not able to work to cover cost of attendance.
    • Ineligible for certain educational opportunities that require employment or background check
    • Ineligible for certain graduate or professional program require employment authorization, such as medicine.  

DAPA

• (2014) Deferred Action for Parents of Americans and Lawful Permanent Residents
  • for parents of U.S. citizens or Legal Residents
  • Same fate as DACA

UC Immigrant Legal Services Center:

Immigration Policy Updates, November 17, 2021 Webinar

• https://youtu.be/OZt611THKI4

American Dream & Promise Act (H.R. 6) & Farm Workforce Modernization Act (H.R. 1603) Both passed by the House in 2021. If passed by the US Senate, HR 6 would provide a pathway to citizenship for over 4 million DACA and TPS recipients. HR 1603 would provide a pathway to residency for longtime farmworkers.

**However, these bills were held in the Senate and are unlikely to pass without the necessary bipartisan support** Build Back Better Act:

Immigration Provisions
6-7 million undocumented immigrants may qualify for the program. Qualified applicants must pay a fee and enter an immigration parole stage with similar benefits of DACA. Including immigration legislation in the budget reconciliation is to use the simple majority vote.

**However, the Senate rejected the immigration provision in 2021 because impact is much larger on immigration policy and than a budgetary impact **

2017 – California Becomes Sanctuary State

• Gov. Jerry Brown signed Senate Bill 54; limiting who state and local law enforcement agencies can hold, question and transfer at the request of federal immigration authorities.
  • https://immigration.procon.org/historical-timeline/

July 9, 2019 – California Becomes First State to Extend Medicaid to Undocumented Immigrant Young Adults

• (some undocumented young adults through its Medicaid program.)
• Democratic Gov. Gavin Newsom signed SB-104,
  • health care benefits to individuals 19 to 25 years of age, regardless of their immigration status… It is expected to cover some 90,000 low-income residents between the ages of 19 and 25 

State Policies on Higher Education Resources

• AB 540 – 3 yrs of HS, graduation/GED
• AB 2000 – 2 years enrollment for 3 years of high school credit
• AB 130 + AB 131 (aka CA DREAM Act)
• SB 68 – eligible for in-state tuition based on a combination of HS and CC credits
• DREAM Loan Policies

NEW Legislation

• SB 1141 (Limon) 
  • Original Legislation: For purposes of eligibility for AB 540, deletes the requirement that attendance in credit courses at a campus of the California Community Colleges counted toward meeting the 3-year requirement not exceed 2 years of full-time attendance. In other words students can use 3 years of CCC work towards fulfilling the AB 540 requirement.
  • Under current law, nonresident students who start directly at a community college and enroll in credit courses pay approximately, on average, $16,120 just to achieve AB 540 status and must also enroll in one year of noncredit courses.
  • Forcing these students to take one year of noncredit courses just to meet AB 540 eligibility, when these students may have already qualified through credit courses, lengthens time-to- degree and results in inequitable transfer outcomes.
  • By removing the two-year cap on credit courses, SB 1141 ensures that any credit and noncredit course offered by community colleges can be counted towards student eligibility, creating equity with high schools and adult schools.
  • SB 1141 will save AB 540 eligible students time and money by allowing them to decide the best pathway for their specific needs and educational goals.

• AB 2004 (Garcia) California Dream Loan
  • Updates the total aggregate borrowing limit to $40,000 under the program. The bill sets a borrowing limit of $20,000 in the aggregate as an undergraduate student and a $20,0000 limit as a graduate student.
  • On or before January 1, 2024, institutions must establish DREAM loan forgiveness options for borrowers with similar standards as those set forth in the Federal Perkins Loan Program. Borrowers must also qualify for or be granted certain administrative relief, including state of emergency administrative forbearance, as specified. 
  • Also requires that exit counseling provided by a participating institution include information about DREAM loan repayment, forbearance, deferment, discharge, and forgiveness.

Assembly Bill – AB 540 (2001)

• Exempted from non-resident tuition fees
• Allows qualifying students to pay in-state tuition at California public colleges
  • Not only for Undocumented students
  • Do not assume AB540 means the student is Undocumented
• Requirements for AB540
  • Option A:
    • 3 years HS credits and 3 years total attendance at any of these schools in CA

AB 200 – Expands AB450 Eligibility for Community Colleges

SB 68- Expansion

• 3 years attendance (or equivalent) at any of these schools in CA
  • Elementary School  Middle School
  •  High School
  • Adult School
  • Community College
    • Max. 2 years may be applied towards 3-year requirement
• California DREAM ACT (2011)
• “How in state tuition and California Dream Act work together”
• https://immigrantsrising.org/resource/how-in-state-tuition-and-ca-dream-act-work-together/ 
• California Student Aid Admission PowerPoint for 2019-2020 https://drive.google.com/file/d/1owus7-LSGmdpzn3mr09hwaqkNqgNELx6/view?usp=drivesdk 
  • AB 130 -Campus Administered Funds
  • AB 131 -State Financial AID

SB 1210 (2014)

• DREAM LOAN program for undergraduate undocumented students

SB 354 (2019)

• DREAM LOAN for graduate undocumented students

Public Charge

CARES ACT

California’s Disaster Relief Assistance for Immigrants Project

For more information on the Chinese Exclusion Act:

• https://www.npr.org/sections/codeswitch/2017/05/05/527091890/the-135-year-bridge-between-the-chinese-exclusion-act-and-a-proposed-travel-ban
• https://www.history.com/topics/immigration/chinese-exclusion-act-1882
• https://www.ourdocuments.gov/doc.php?flash=false&doc=47)

For more legal definitions and numbers

1. Defining Undocumented:  https://immigrantsrising.org/resource/defining-undocumented/
2. Definitions and Language from the Department of Homeland Security :
   • https://www.dhs.gov/immigration-statistics/data-standards-and-definitions/definition-terms#permanent_resident_alien
3. Undocumented Immigrant definitions: https://www.nolo.com/dictionary/undocumented-immigrant-term.html
4. USCIS legal terms glossary: https://www.uscis.gov/tools/glossary
5. PewResearch a timeline of immigration history and population estimates: https://www.pewresearch.org/fact-tank/2015/09/30/how-u-s-immigration-laws-and-rules-have-changed-through-history/
6. How many immigrants? : https://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states#Immigrants%20Now%20and%20Historically
7. How many unauthorized? https://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states#Unauthorized%20Immigrants

Vox video: Immigration Timeline

• https://youtu.be/6yiQAmgI5s4 

Additional Information:

https://www.voanews.com/usa/us-has-long-history-restricting-immigrants

https://history.state.gov/milestones/1921-1936/immigration-act

http://www.lbjlibrary.org/mediakits/immigration/

https://www.history.com/news/the-birth-of-illegal-immigration

https://cis.org/Historical-Overview-Immigration-Policy

https://www.dhs.gov/immigration-statistics/data-standards-and-definitions/definition-terms#permanent_resident_alien)

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

• This federal immigration law restricted the states’ ability to provide residency and in-state tuition benefits for undocumented students.
• Specifically, the IIRIRA prohibits states from making undocumented students eligible for any postsecondary education benefit unless U.S. citizens from other states would also be eligible for that benefit. 
• States that have passed tuition-equity laws have overcome this federal prohibition by allowing anyone-including undocumented students or U.S. citizens from other states-to pay in-state tuition rates at state colleges and universities if they meet the state’s eligibility requirements.

UCOP & the Supreme Court

• The federal program DACA (which offers employment authorization to some undocumented immigrants) has been challenged by the Trump Administration. 
• The UC system secured a nationwide injunction to delay the termination of the program. The Supreme Court has ruled in favor of UCOP to reinstate the DACA program, which would allow for new applications and travel abroad (advanced parole). 
• However, the federal government under Trump’s administration has issued guidelines, in contrast to this Supreme Court ruling. USCIS is only accepting DACA renewal applications at this time. The Supreme Court ruling made no impact. 
• Since USCIS is not accepting new DACA applications at this time, youth in high school and those entering college are unable to apply for DACA and receive work authorization at this time.

UCOP Undocumented Students Initiative

Launched in 2013, the Undocumented Students Initiative provides campuses with funding to address undocumented students’ unique needs. In 2016 the university made a multi-year commitment to expand the program in three key areas:

• Expansion of legal services through UC’s Undocumented Legal Services Center at the UC Davis School of Law. This program serves students at eight UC campuses, including UCI, by providing free access to an attorney, consultation on legal rights and protections, and assistance filing for applicable state and federal programs.
• The California DREAM Loan Program for both undergraduate and graduate students depends on on-campus funding for the program. As of this time, no allocations have been made for graduate student loans.
• Establishment of student services staff coordinators targeted undergraduate and graduate fellowships, and other financial support.

AB 540

• Undocumented students can pay in-state tuition instead of out-of-state tuition if you qualify for AB 540. This is possible because of a state law known as AB 540 or the California Nonresident Tuition Exemption, also known as the AB540 Affidavit. 

AB 540 Coursework and Graduation Requirements

• Total attainment of coursework credits earned equivalent to three years or more at any California high school.
• High school graduation diploma, or GED, or attainment of an associate degree or fulfillment of the minimum transfer requirements established for the California State University or the University of California
• Once you are admitted to a California public college or university you can submit the California Nonresident Tuition Exemption Request. As long as you maintain continuous enrollment once you have been granted the exemption you will continue to be charged the in-state tuition rate.

AB 2000

• Assembly Bill 2000 (AB 2000) passed in 2014. This 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 to meet the criteria below to pay in-state tuition, the same as resident students.

SB 68

•  SB 68 expands AB 540 to enable students to count years spent at a California Community College and Adult School towards AB 540 eligibility. Additionally, the bill will allow the completion of an Associate’s Degree or satisfaction of the minimum requirements to transfer to the University of California (UC) or California State University (CSU) to meet the degree or unit requirements. These new eligibility criteria expand possibilities for students educated in CA to qualify for in-state tuition and state-based financial aid at CCCs, CSUs, and UCs. 
• Senate Bill 68 (SB 68) passed in 2017. It expands the requirements of AB 540/ AB 2000 to include attendance at California Community Colleges and the attainment of an associate’s degree. 
• A student can count years at a CCC to fulfill residency requirements. Must include one year in a California High School or California Adult School. 

The California Dream Act (Assembly Bills 130 and 131) were signed into law in 2011. Together these bills compose the California Dream Act and give students who qualify for in-state tuition under AB 540 / AB 2000/SB 68  the eligibility to receive state and institutional financial aid, including Cal Grant A & B Entitlement awards, Cal Grant C awards, institutional grants, and community college fee waivers.

AB 130 -UCI Funding

• AB 130 means that UC campuses will be able to resume making scholarship awards from these funds to AB 540 undocumented students as they did prior to 1996 when federal law (the Personal Responsibility and Work Opportunity Act) prohibited undocumented students from receiving any awards from university funds. 
• Campuses generally use scholarship funds from gifts and endowments to enhance the aid packages of individual students that meet the academic and other criteria for the awards. Thus, these alone will not cover the total cost of attendance.

AB 131 – California Funding

• Opens access to Cal Grants, UC Grants, State Grants, and CA College Promise Grants and EOP Grants to students who are eligible for in-state tuition under AB540/AB2000/SB68.

SB 77 – UCI Funds from Private Sources 

Senate Bill 77 (Section 66021.9. (a)) was signed into law on July 1, 2019, establishing that “[t]he University of California may provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship.” In this context, “nonstate funds received for that purpose” means gifts and endowments received for the purpose of awarding scholarships.

• Please note that it is likely that much of UC’s gift and endowment funding may already be committed for 2019-20. Further, each campus awards their funds differently, particularly the endowed funds; so while UC can now award funding to students, there may be other factors related to eligibility.  
• Please see UCOP  document for guidance on how UC can extend non-State financial aid to undocumented students who do not qualify for AB540 Nonresident Supplemental Tuition (NRST) exemptions.

*Community College 

CA Promise Grant: 

• The California College Promise Grant (formerly known as the BOG Fee Waiver) permits enrollment fees to be waived for eligible California residents. 
• **Registration for Selective Service for students assigned male at birth, between the ages of 19-25, is required in order to receive financial aid.

SB 1210

• SB 1210 established the California DREAM Loan Program to serve UC and CSU students.  Loan limits, interest rates, and eligibility requirements would be no more favorable than those available to documented students through federal loan programs. At UCI, the DREAM Loan program provides an annual limit of $4,000 for undergraduate students. 
• Undocumented students do not have access to federal loans, as a result, they have a “gap” in their financial aid packages of roughly $8,000 to $9,000 at UC campuses. 

• This financial situation is unique to undocumented students because they cannot get loans to cover this gap in funding. 
• Students that meet the AB540/130/131 eligibility requirements and lack access to federal student loans. 

SB 354

Senate Bill 354 will go into effect starting in the 2020-21 academic school year, expanding eligibility for the California DREAM Loan Program to graduate programs at California State and University of California campuses. It is estimated that 500 graduate students will become eligible to receive loans under this bill, according to the CSU and UC. 

• Max Loan Amount – $4,000
• Access to loan determined by each campus criteria and available funding
• Read more here: https://www.modbee.com/news/local/article237773354.html#storylink=cpy

Professionalization:

SB 1159

• 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.

 Healthcare:

SB 4

• Signed in 2015, Senate Bill 4 would allow undocumented immigrants to purchase health insurance on the state exchange, pending a federal waiver, and enroll eligible people under the age of 19 in Medi-Cal, the state’s insurance program for the poor. A capped number of undocumented adults would also be allowed to participate, if additional funding is appropriated in the state budget.
• Read more here: https://www.sacbee.com/news/politics-government/capitol-alert/article22904433.html#storylink=cpy

SB 104

• Passed in 2019, SB 104 will allow adults between the ages of 19 and 25 who are living in the United States illegally to become eligible for California’s Medicaid program. In order to participate in the program, it will also be necessary for young adults to have an income low enough to qualify for Medicaid.

AB 60

• 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.

AB 4

• Trust Act (AB 4): The TRUST Act (AB 4) went into effect on Jan. 1, 2014. It limits the collaboration between the Immigration and Customs Enforcement (ICE) and local police. All counties in California must follow this law, which limits immigration “hold” requests in local jails. For more information visit TRUST Act’s website.

Gain awareness by opening yourself to the possibility that some of the students in your class or program are undocumented. Attend training sessions; go on-line and read about DACA, The Dream Act congressional bills and state bills

Begin to understand policies, laws, and practices and how they affect the undocumented students. Educate yourself on the many communities of undocumented immigrants

Take your awareness and knowledge and communicate it to others. You can acquire these skills by attending workshops, role-playing with friends and peers, and developing support networks.

To effect change that improves undocumented immigrant student success, you must act. This can be as simple as allowing substitutes for paid internships, placements in non-public agencies where a background check is not required, to assisting students by getting to know them so that you can write effective letters of recommendation when they apply for the only financial aid available to them-scholarships.