Most students at California universities face unique challenges, especially undocumented college students in California trying to enter and stay in the system.
However, there are laws and resources available to support their academic journey. At Lluis Law, our immigration lawyers in Los Angeles understand the obstacles undocumented students face in California.
We can guide you through your rights, legal options, and available educational resources to advance your academic future. Call us today.
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Access for undocumented college students in California universities
Access for undocumented students to California universities is supported by laws such as AB 540 and the Dream Act.
These rules allow you to pay in-state tuition and receive financial aid, even without a Social Security number.
Those who have TPS , U visas , or lost DACA status are also eligible. To qualify, they must:
- Meet certain educational requirements;
- Be enrolled in a qualifying university; and
- Submit an application for exemption as a nonresident.
Thus, immigration status does not prevent you from pursuing a university degree in California.
Note: Students wishing to study legally in the United States require a student visa, such as the F-1 or M-1. However, these visas are not available to those already in the country undocumented.
Who are undocumented students?
Undocumented students are young people living in the US without legal immigration status, either because they entered the country undocumented or because they lost it over time.
Many were usually brought to the country as children and have studied in American schools their entire lives. In California, they are often referred to as Dreamers, especially if they have or had DACA status.
Can undocumented students attend college in California?
Undocumented students can legally attend universities in California. In fact, the US Supreme Court has ruled that no state can deny access to public education based on immigration.
In line with this principle, California universities are not authorized to request information about:
- Citizenship;
- Social Security Number; or
- Immigration status as a condition for registration.
This ensures that all students, regardless of their immigration status, have access to higher education in the state.
Can I get scholarships if I’m an undocumented student in California?
Thanks to the California Dream Act, undocumented students can pay in-state tuition and receive financial aid if they meet certain requirements.
Of course, it is necessary:
- Have attended at least three years of high school in California; or
- Have earned credits at a community college or adult school and have graduated or met transfer requirements.
Although applications have declined in recent years, this benefit is still in effect and can make a significant difference in college admissions.
Can I access free lunch and other services without affecting my immigration status?
In California, all students are eligible for free school lunch. Additionally, low-income families may qualify for subsidized childcare and special education.
These benefits do not affect applications for Green Cards, as they are not considered under the public charge rule.
Therefore, it’s safe to use them, even if you or your family are in the immigration process. Now, do you think there are consequences to applying for food stamps? Check our blog for further information.
Is the university still a safe place from immigration raids?
Starting in early 2025, universities will no longer have the same protections against immigration enforcement that existed under the previous sensitive areas policy.
This means that federal agents can carry out immigration enforcement actions on public campuses if they are in areas accessible to the public.
However, they may not enter private areas, such as administrative offices, classrooms, or student residences without:
- A court order signed by a judge; or
- The express consent of an authorized official.
Therefore, it is key for students to know their rights, especially when it comes to immigration raids in rural areas.
What are the rights of undocumented students at California universities?
Undocumented students in California have multiple protections and opportunities that allow them to access higher education on an equal footing:
- They can enroll in public universities regardless of their immigration status.
- They are eligible to pay in-state tuition if they qualify under AB 540.
- They can access scholarships and university grants.
- Your personal information is protected by law.
- They can receive free lunch, childcare, and special education without affecting their immigration status.
- If a family member is detained or deported, the school must help them contact a responsible adult and provide support.
- ICE cannot enter private areas of campus without a warrant.
- You have the right to remain silent and not sign anything without a lawyer present.
Are you afraid of encountering immigration agents? Find out how to act If ICE agents show up at your door.
How many undocumented college students are there in California?
It is estimated that more than 100,000 undocumented students are enrolled in higher education institutions in California.
This population includes both DACA recipients and those who do not qualify for the program and represents a critical part of the state’s education system.
What challenges do undocumented students face in California?
Although there are laws that support them, many undocumented students still face challenges such as:
- Lack of financial support, as they are sometimes unable to access FAFSA or federal loans.
- Emotional stress, due to fear of deportation for themselves or their families.
- Work restrictions, even after graduation, if they do not have an employment authorization.
- Stigmatization that leads them to hide their status for fear of being discriminated against.
What support does the school offer if a family member is detained or deported?
If a student reports that their parent or guardian has been detained or deported, the school is legally required to follow the parents’ instructions on who to contact in case of emergency.
Furthermore, they should not contact Child Protective Services unless they are unable to contact anyone on the emergency list.
Additionally, schools can help students and their families connect with legal aid, their consulate, and the ICE detainee tracking system.
What happens after an illegal reentry following deportation? Many individuals wonder about the consequences. Find out more in our post.
Am I eligible for the CADAA (California Dream Application)?
You may be eligible if you meet the following requirements:
- Does not qualify for FAFSA.
- You are undocumented, have a U visa, or Temporary Protected Status (TPS).
- Attended at least 3 years of school in California (high school or community college for example).
- Graduated from a high school in California or:
- Obtained a GED;
- Has an associate degree from a California community college; or
- Meets minimum requirements to transfer to a UC or CSU.
- You will enroll in a qualifying California university.
Additionally, you must meet AB 540 criteria to qualify for the nonresident tuition exemption.
Why have undocumented student enrollments at California universities declined?
A recent study shows that undocumented student enrollment has fallen by more than 50% since 2016.
This decline is primarily attributed to the deterioration of the DACA program. Unable to work legally or access on-campus jobs, many view college as financially unaffordable.
What support does the University of California offer to undocumented students?
The University of California (UC) is firmly committed to the protection and academic success of its undocumented students.
To this end, it has adopted principles that guarantee confidentiality, security, and educational continuity without fear or intimidation.
Among the most notable supports are:
Financial aid
Through the Dream Loan program, students eligible under AB 540 can access state loans if they do not qualify for federal aid.
Free legal services
All campuses offer specialized legal advice for undocumented students, including guidance on their rights and assistance with immigration procedures.
Student support centers
Each campus has a specialized center that provides academic advising, emotional support, and social activities.
Resources to generate income
Independent entrepreneurship is promoted as a legal way to generate income, with practical tools and real-life examples.
Information materials on rights
An updated “Know Your Rights” card is provided to help you respond appropriately to potential encounters with immigration authorities.
The UC reaffirms that all students, regardless of their immigration status, have the right to study in a safe, inclusive environment with full access to university resources.
How do I pay for college if I’m an undocumented student?
Tuition rates vary depending on the type of institution. In general, public colleges and universities are more affordable than private institutions. Furthermore:
- Some states allow undocumented students to access in-state tuition. To verify this, please visit the uLEAD website.
- At private universities, although tuition is typically higher, there are institutional financial aid programs based on need or merit that can significantly reduce costs.
- Good performance on standardized tests can increase your chances of receiving scholarships or other financial support.
Applying as a competitive candidate is key to maximizing available funding opportunities.
Options for paying for higher education as an undocumented student
Many undocumented students face financial barriers to college.
However, there are several legal and safe alternatives to finance your studies:
Scholarships available
There are numerous private and institutional scholarships that do not require immigration status. Some reliable platforms and organizations to identify them are:
Educational loans
Although federal loans aren’t available, private loans are available. A cosigner with good credit and legal status is generally required.
Community support
Religious and community organizations can be an additional source of financial assistance.
It’s a good idea to check if they offer scholarships or other assistance to young people who wish to continue their education.
Funds offered by the campus
Some universities offer scholarships or stipends not tied to formal employment. These grants may be tied to educational experiences, training, or academic participation, and do not require work authorization.
Frequently Asked Questions About Undocumented Students at California Colleges
Am I protected from discrimination based on my immigration status?
Yes. Federal law prohibits discrimination based on national origin. Additionally, in California, AB 699 specifically protects students based on their immigration status.
Schools must have clear policies against harassment, bullying, and discrimination. If a student experiences mistreatment for this reason, they can file a complaint with the school or with state agencies.
Can an undocumented student pay in-state tuition in California?
Yes. Although undocumented students cannot establish legal residency in California for purposes of enrolling at the University of California (UC), they may qualify for an exemption from the non-residency surcharge under AB 540.
To qualify, they must meet several requirements, such as having attended at least three years of high school in California and not having an immigrant visa. This allows them to pay the same tuition as a resident of the state. Contact us for more information.
Why does California offer more educational opportunities to undocumented students?
California, unlike other states, allows undocumented students to attend college and pay in-state tuition if they meet certain requirements.
Additionally, they can apply for financial assistance through the California Dream Act without risking their immigration information being shared with the federal government.
These policies, coupled with a high immigrant population, make counties like Riverside key destinations for families seeking better educational opportunities.
What job options do DACA and non-DACA students have in California?
DACA students can work legally, complete paid internships, apply for professional licenses, and start businesses.
On the other hand, those without DACA cannot work legally, but they can volunteer, do unpaid internships, or start businesses in fields such as art, design, or consulting.
How can our lawyers help undocumented students at California universities?
Our immigration attorneys offer specialized legal advice for undocumented students seeking to access or remain in educational institutions in California.
We can assess whether the student qualifies for immigration protections such as DACA, TPS, VAWA, or other legalization pathways.
We also provide representation in the event of immigration proceedings or interactions with authorities such as ICE. Our goal is to ensure that every student can continue their studies safely and with legal support.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
