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DACA: Laws For DREAMers & Law Centers

Deferred Action for Childhood Arrivals

New Laws for DREAMers in California

AB 540 (Nonresidency Tuition)

What It Does

  • Student shall be exempt from paying nonresident tuition at the CA Community Colleges, UC’s and CSU’s
  • Students must meet requirements in order to qualify
  • Student must have graduated from a CA high school

AB130 & AB 131 (CA DREAM ACT)

What It Does

  • State Based Financial Aid for Dreamers!
  • It is NOT Federal Aid (NOT FAFSA)
  • Under AB 130
  • Students may apply for privately funded scholarships given out by a California Public College/University

AB 2009 (Dream Resource Center)

What It Does

This bill encourages creating Dream Resource Centers/Liaisons at California public High Schools, Community Colleges, and CSU campuses to support the higher education endeavors of undocumented students.

SB 1159 (Professions And Vocations)

What It Does

Prohibits any entity within the department from denying licensure to an applicant based on his or her citizenship status, or immigration status.

AB 60 (CA Drivers License) 

What It Does

  • This bill allows driver’s licenses for undocumented workers for the first since 1993.
  • Undocumented Workers will have their first opportunity to obtain California driver’s licenses.

Do I have legal rights?

I'm undocumented. Do I have legal rights?

  • Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

  • An undocumented immigrant is definitely a "person". In brief, this means that you are owed such procedural rights as a jury trial and the right to defend yourself against the charges if arrested; and if someone sues you over a civil matter, that you have the right to receive notice and to defend yourself in court.

  • Various criminal charge-related amendments to the Constitution (including the First, Fourth, Fifth, Sixth and 14th) also apply. These protect undocumented immigrants against unlawful search and seizure by law enforcement authorities (without probable cause and a warrant for such an action) and against self-incrimination.

  • Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue in state court, as well.

  • Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

  • You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you're living in the country illegally, you have the right to a hearing before an immigration judge in the Executive Office for Immigration Review or EOIR (unless you've returned to the U.S. after a previous order of deportation). The U.S. government can't, in most cases, simply send you home without a hearing.

  • Like any employee, you have the right to be paid for the work you do, at minimum wage, at least, plus overtime pay when legally required. Like other workers, you also have the right to healthy and safe conditions on the job, free from abuse, exploitation, or sexual harassment. These rights are all too often violated, however, because employers know the workers don't want to reveal their undocumented status.

Law Centers & Resources