Legislation Updates
Undocumented & Mixed‑Status Student Rights at Gavilan College
Gavilan College is committed to providing a safe, welcoming and accessible learning environment for undocumented and mixed‑status students and their families. State and federal laws, along with college protocols, help protect your privacy, expand access to in‑state tuition and financial aid and guide how the campus responds to any immigration‑related activity.
There are no laws that prevent undocumented students from attending public colleges and universities in California. Gavilan College follows state and federal laws that expand access, protect privacy and create safe campus protocols for undocumented and mixed‑status students.
Your Rights to Attend College
Under AB 540 and the Family Educational Rights and Privacy Act (FERPA):
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Students are not required to present an ID or Social Security number to be admitted to Gavilan College.
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Students are not required to show proof of lawful U.S. residency for admission.
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Student records are confidential and cannot be shared with third parties, including immigration officials, unless the student provides written consent or there is a valid legal order.
In‑State Tuition: AB 540, AB 2000, SB 68
AB 540 is a California law (2001) that allows eligible undocumented students to pay in‑state (resident) tuition instead of non‑resident fees at public colleges and universities. To qualify for AB 540 status, students must:
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Attend a California high school (public or private) for at least three years or graduate early with the equivalent of three or more years of high school credit, which can include a mix of California elementary and secondary schools.
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Graduate from a California high school or attain the equivalent (GED or California High School Proficiency Exam) before the term begins.
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File an affidavit with the college stating that they have applied, or will apply when eligible, to legalize their immigration status.
AB 2000 and SB 68 expand who can qualify by allowing certain elementary, secondary, and community college coursework to count toward the three‑year requirement.
Important: AB 540 is a tuition exemption for tuition purposes only; it does not grant legal immigration status or establish legal state residency.
High School Students Taking College Classes: SB 150
Under Senate Bill 150 (SB 150), high school students who are concurrently enrolled in college classes and classified as non‑residents may be eligible for a waiver of non‑resident fees while still in high school.
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Students must be part‑time (11 units or fewer), live in California and attended a California high school.
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To request this exemption, students complete a Residency Determination or Appeal form and attach high school transcripts showing current enrollment, then submit to Admissions and Records.
Additional Rights & Supports
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California Dream Act (AB 130 & AB 131): Students who meet AB 540 criteria may qualify for state financial aid and certain institutional or private scholarships.
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AB 60 (Driver’s Licenses): Eligible undocumented individuals may obtain a California driver’s license, regardless of immigration status.
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FERPA (Student Privacy): The college must protect your education records and cannot disclose personally identifiable information without consent or a valid court order.
Immigration Enforcement: SB 98, AB 49 & State Guidance
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SB 98 – Campus Alerts: Requires colleges to use their emergency notification systems to alert the campus community if immigration enforcement activity is confirmed on or near campus.
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AB 49 – Safe Haven Schools Act: Directs schools not to allow immigration enforcement officers into nonpublic campus areas without a judicial warrant, subpoena, or court order and to protect student and family information.
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Attorney General Rob Bonta’s Guidance: Provides model policies for limiting collection and sharing of immigration status information, controlling campus access, and responding when students or families are targeted by immigration actions.
You can read the full guidance here: Promoting a Safe and Secure Campus for All – Guidance and Model Policies: https://oag.ca.gov/sites/all/files/agweb/pdfs/immigration/higher-education-guidance.pdf
Gavilan College Protocols & Emergency Plans
Gavilan College has specific protocols and emergency plans in place for any reported immigration enforcement on or near campus.
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Staff follow clear steps to verify reports, protect student privacy, and send alerts through the college’s emergency notification systems in line with SB 98 and AB 49.
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Students and employees are encouraged to review “How to Respond to Immigration Enforcement on Campus” and “Know Your Rights” materials available on the Gavilan Undocumented Students webpage.