DeVore seeks a repeal

New legislation sponsored by Assemblyman Chuck DeVore would offer free tuition to members of the California National Guard but repeal a bill he claims provides millions in in-state tuition waivers to illegal immigrants.

“This is outrageous,” DeVore said. “We provide state tuition for people who are here illegally who could be deported tomorrow — not only their parents, but they could be deported as well.”

Assembly Bill 1758 would repeal AB540, a law passed in 2001 that provides resident tuition to students who both finish three years of high school and graduate from a California school, among other criteria.

The assemblyman cites a report from the state’s Legislative Analysis Office demonstrating about 90% of the 20,000 Californian immigrants who receive waivers under the program are undocumented. Up to $114 million could be saved yearly with the bill’s repeal, he suggests.

Kristen Clark, director of admissions and records at OCC, estimated that several hundred students accept waivers under the program, though she was unsure how many were undocumented immigrants.

“It’s also designed to serve those who would normally be precluded from residency and then moved out,” she said. “Instead of coming back to the state and having to reestablish their residency, they would qualify for [in-state tuition] under this program.

“I think the intent of the law was to help undocumented students who came over here with their parents when they were small children and couldn’t afford the non-resident tuition,” she said. “But, the law establishes the criteria, so everyone that meets the criteria is eligible.”

DeVore said he hoped the bill would bolster membership and retention in the National Guard, which has seen a drop in recruitment rates recently. While California students in the National Guard are eligible for GI Bill benefits from the federal government, California is the only state in the union to not offer educational benefits to its Guardsmen.

“Numbers have gone down significantly over the past 10 years, and there are a myriad of reasons,” Sgt. William Martinez of the California National Guard said. “I’m sure the wartime climate has something to do with it, but also a large part of it is that the education benefits here are poor, relatively speaking, especially when people here are in college.”

According to Martinez, 19,352 people joined the Army National Guard in 2005, but these numbers dipped to 15,800 and 15,940 in 2006 and 2007, respectively.

The Assembly Higher Education Committee will likely consider the bill within the next 30 days, DeVore said.

CHRIS CAESAR may be reached at (714) 966-4626 or at chris.caesar@latimes.com. BRIANNA BAILEY may be reached at (714) 966-4625 or at brianna.bailey@latimes.com.