Press Release February 17, 2009

Media Advisory
Contact: Monica Gomez
Public Information Officer
San José/Evergreen Community College
(408) 759-0626
monica.gomez@sjeccd.edu

SAN JOSÉ, CA—At its regular meeting on February 10, 2009, the San José/Evergreen Community College District's (SJECCD) Board of Trustees approved having the SJECCD participate as amicus curiae (or a “friend of the court”) in the matter of Martinez v. Regents of University of California (Case No. S167791) currently pending before the California Supreme Court.  This litigation involves a challenge to AB 540 (Education Code section 68130.5), the State law enacted in 2002 that exempts students who have attended high school in California for three or more years and graduated, from paying nonresident tuition at California’s public colleges and universities.       

The seminal issues to be considered by the Supreme Court include whether AB 540 is preempted by federal laws, including an immigration reform law that prohibits providing benefits to undocumented immigrants except under limited exceptions.  The U.C. Regents and Board of Governors for the California Community College system argue that AB 540 fits within the lawful exception.

As amicus curiae, SJECCD is not a party to the litigation but rather seeks permission of the Chief Justice to file a brief to assist the Supreme Court in reaching a decision.  Board President Randy Okamura stated that “SJECCD is in a unique position to provide persuasive information and to offer strong public policy reasons for supporting and upholding the legality of AB 540 and maintaining access to college for the thousands of students who have attended California’s public schools for most of their lives and want to contribute and succeed.”      

Research by the nonpartisan Public Policy Research Institute of California ("Can California Import Enough Graduates to Meet Workforce Needs?") demonstrates the need for more college graduates in California during the next twenty years and the important continuing contribution to California's economic well-being that immigrants continue to play.
SJECCD Chancellor Rosa G. Pérez also recognized the contribution of immigrant students locally: “AB 540 has strengthened our College campuses.  By taking this action, we honor the endurance, changes and adaptation intrinsic to the immigrant experience and value it as an asset, as it makes us strong.”