Intergovernmental Relations 1
Werlaine Badio
Southern New Hampshire University
Pad 333 – Module 7
14 March 2023
Intergovernmental Relations 2
III. The Practice of Intergovernmental Relations
Competition for Funding
Tuition for DACA students in California is paid for by the state's general budget, the
California Dream Act. “The California Dream Act allows undocumented students, DACA
recipients (valid or expired), UVisa holders, and students under Temporary Protected Status
(TPS), who qualify for a nonresident exemption under Assembly Bill 540 (AB 540), Senate Bill
2000 (SB 2000) and Senate Bill 68 (SB 68), to receive certain types of financial aid such as
private scholarships funded through public universities, state-administered financial aid,
university grants, community college fee waivers, and Cal Grants. In addition, the California
Dream Act allows eligible students to pay in-state tuition at any public college in California”
(California Dream Act FAQs, n.d.).
The federal government does not contribute to the general budget to help with in-state
fees. “Undocumented students are not eligible for federal student aid. However, if you attend an
eligible California public or private institution, you will be considered for California state
financial aid” (California Dream Act FAQs, n.d.). These general assets are allocated throughout
the year based on need, with a budget set at the start of the year. The lawmakers and the leader of
the respective state are responsible for doling out these monies. To ensure the figures add up, the
same individuals decide how much money will be brought in from taxation and how much will
be spent from other sources. Every state agency must submit a spending plan to the governor for
approval before spending money on programs from the new fiscal year on January 1. To provide
undocumented immigrants in California with the same educational possibilities as legitimate US
residents residing in California, the lawmakers suggested in-state fees.
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Governance Structure
Currently, California has a few policies regarding in-state tuition:
• “AB 130, or the California Dream Act, signed on July 25, 2011, and AB 131, signed on
October 8, 2011, allows undocumented students to receive state-funded financial aid”
(California, 2020.
• “SB 1210, or the California DREAM Loan Program, signed on September 28, 2014,
establishes an educational loan program for students who meet certain criteria, regardless
of their status” (California, 2020)
“AB 540 was signed into law by Governor Gray Davis on October 12, 2000. AB 540
allows eligible nonresident and undocumented students to pay in-state tuition and fees.
To be considered eligible AB 540, the student must: Have attended a California high
school for at least (3) years or more, have graduated (or will graduate) from a high school
in California or received a GED or passed California High School Proficiency Exam ,
have signed the California Nonresident Exemption Request, which states that the student
meets all the requirements to qualify for AB 540 status and, if she/he/they is
undocumented, is in the process of adjusting their immigration status, or will do so as
soon as they are eligible” (California In-State Tuition | California State University
Stanislaus, n.d.)
Throughout the years, more bills have been put in place to expand on the rights of undocumented
students. The three below are just a few examples of the changes made throughout the years.
“AB 2000 was signed into law by Jerry Brown in 2014. AB 2000 is an expansion of AB
540; it increases the scope of student eligibility to pay in-state tuition and fees”
(California In-State Tuition | California State University Stanislaus, n.d.).
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“Senate Bill 68 (SB 68) was signed into law by Jerry Brown in 2017. The legislation
amended Education Code, section 68130.5, changing the criteria for students' eligibility
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 California
Community Colleges and attainment of an associate degree” (California In-State Tuition |
California State University Stanislaus, n.d.).
These legislations would allow undocumented citizens of California to pay in-state school
rates. None of these have passed on a federal level. “The Supreme Court's ruling in Plyer v. Doe
mandates that all states restrict enrollment in kindergarten through high school to citizens of the
United States” (Access of Education).GAs some more progressive states have pointed out,
“undocumented students came to the United States with their parents as young children and
should not be deprived of higher education because of their parents' choices” (Hultin & Lui,
2019). There will always be a divide between how undocumented immigrants should be treated
depending on experience and political viewpoints.
Policy Funding Model
State institutions that charge undocumented aliens in-state tuition rates are the policy's
ultimate arbiters. Many DACA students are beneficiaries of the program because they have the
necessary paperwork needed to enroll in the schools, such as a social security number and
government-issued picture ID. The DACA status provides the students with the required legal
paperwork. The state's population growth determines in-state fee allocations. As a matter of
course, colleges and institutions have to make several difficult choices about who gets accepted
and who does not. Opponents of providing financial aid to undocumented immigrants argue that
it increases the program's overall cost to taxpayers and harms legal residents by forcing them to
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take out loans. In every situation, there is a plus side and a negative side. Some would say legal
residents are fortunate to have the ability to take out loans, whereas undocumented immigrants
do not.
IV. Public Policy & Practice Questions
Challenges
Difficulties in enforcing this policy at the state and municipal levels stem from divergent
political ideologies and perspectives. The availability of resources is a significant obstacle to this
strategy. Changes in political leaders, who have considerable sway over what kinds of policies
are permitted for the coming year or however long those particular members remain in control,
can make it exceptionally challenging to secure funding. Little is known about how many
immigrants take advantage of in-state fees or how many who can afford college attempt to use
these rules to get their expenses covered. “Proponents of the law contend that the in-state fee rule
is predicated on high school enrollment and completion, not domicile, and is therefore not in
contradiction with IIRIRA. The prerequisite for high school enrollment and completion has been
criticized by critics who say it amounts to a de facto residency requirement” (Hultin & Lui,
2019). One major worry about this strategy is that it could increase illegal students, which would
lead to an overburdening of existing services.
Opportunities
An increase in need from the students and funding will result from the opportunities
faced by the government for implementing this policy. More students will need funding, which
will most likely be granted. This presents possibilities for state and municipal officials. State and
municipal officials could see an uptick in enrollment and a boost in tax revenue to put toward
higher education. California's economy, society, and students benefit from allowing
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undocumented aliens to pay in-state school rates. Another benefit is that “in-state tuition access
for undocumented students increases college affordability for these students which is a problem
closely linked to the low minority college graduation rates. If the nation's future depends on the
development of intellectual capital and a more educated workforce, then this strategy is crucial to
ensuring that future” (Just a Moment. . ., n.d.).
Allowing illegal immigrants to pay in-state fees can foster a community that values
diversity and acceptance. It ensures that all citizens have equal access to the nation's resources.
Several states, such as California, including Massachusetts and Rhode Island, have implemented
programs to aid illegal people of modest means. “The latest effort is the California Campus
Catalyst Fund, established by a group of educators, funders, and advocates, and administered by
the nonprofit organization Immigrants Rising, which announced last week that it has awarded
grants of about $125,000 each to 32 public colleges and universities across the state. Grants are
being provided by Immigrants Rising, an organization with the mission of assisting illegal
children in gaining access to the resources they need to succeed academically and
professionally” (Stavely, 2018). Undocumented immigrants should be eligible for in-state tuition
rates because it will help build a more accepting community and increase access to higher
education for those who otherwise could not afford it. It will also help build up the residents of
the future.
Public Service Delivery
By considering all relevant factors, public service providers can make more informed
decisions about executing the policy in a way that prioritizes ethics and efficiency. They should
examine the opportunities and threats associated with the policy's execution, aiming to improve
the public sector's ability to offer honest, high-quality service to the public. For example, some
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would like to see the policy more strictly enforced, such as by making it so that scholarship
recipients must complete their degrees or forfeit the funds to someone else. Obtaining a detailed
cost-benefit analysis for the time and money each college student will need to invest in their
education is another essential priority. Once a critical mass of people approves of the policies,
other states may adopt them as well, providing advantages to newcomers. Illegal immigrants
with college degrees can add a new demographic to the labor force, boosting the economy and
increasing tax revenue.
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References
Access to education - rule of law. (n.d.). Retrieved March 13, 2023, from
https://www.uscourts.gov/educational-resources/educational-activities/access-education-
rule-law
California. (2020, November 2). Retrieved March 12, 2023, from
https://uleadnet.org/map/california-policy#:~:text=California%20has%20been
%20classified%20as,tuition%20to%20all%20undocumented%20students.&text=AB
%20540%2C%20signed%20on%20October,students%20with%20in%2Dstate%20tuition
California Dream Act FAQs. (n.d.). csac.ca.gov. Retrieved March 13, 2023, from
https://www.csac.ca.gov/sites/main/files/file- attachments/california_dream_act_faq.pdf?
1638916041#:~:text=No%2C%20undocumented%20students%20are%20not,for
%20California%20state%20financial%20aid.
California In-State Tuition | California State University Stanislaus. (n.d.).
https://www.csustan.edu/undocumented-student-services/california-state-tuition
Hultin, S., & Liu, M. (2019, September 9). Undocumented student tuition: Overview. Retrieved
March 14, 2023, from https://www.ncsl.org/research/education/undocumented-student-
tuition-overview.aspx
Just a moment. . . (n.d.). https://journals.sagepub.com/doi/pdf/10.1177/0894845319828541
Stavely, Z. (2018, October 24). California colleges get funding to expand services to
undocumented college students. Retrieved March 12, 2023, from
https://edsource.org/2018/california-colleges-get-funding-to-expand-services-to-
undocumented-college-students/603917
