AMENDED IN SENATE AUGUST 29, 2025
AMENDED IN SENATE JULY 17, 2025
AMENDED IN SENATE JULY 3, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
URGENCY STATUTE
Introduced by Assembly Member Fong
(Coauthor: Assembly Member Solache)
February 14, 2025
An act to add and repeal Article 10 (commencing with Section 76150) of Chapter 1 of Part 47 of Division 7 of Title 3 of the Education Code, relating to community colleges, and declaring the urgency thereof, to take effect immediately.
Vote: 2/3 Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges as one of the 3 segments of public postsecondary education in the state. Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary educational institutions. Existing law requires a student classified as a nonresident to pay nonresident tuition, in addition to other fees required by the institution, except as provided.
This bill, the California Community Colleges Access and Continuity for Deported Students Act, would, until January 1, 2030, exempt a community college student from paying nonresident tuition if the student departs the United States on or after January 1, 2025, for specified reasons, was not paying nonresident tuition at the time of departure, provides an attestation of specified information related to the departure, and reenrolls in a community college online education program no later than 3 years from the date the student departed the United States. The bill, until January 1, 2030, would require a deported student, as defined, who resumes in-person education at a community college to be eligible to retain residency status for the purpose of determining tuition and fees, provided the student was previously classified as a resident and eligible for the nonresident tuition exemption at the time of departure, and would require the student to be eligible to apply for financial aid upon reenrollment. To the extent that the bill would impose new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Many California community college students face potential deportation, disrupting their educational goals and delaying their ability to contribute to the community and economy.
(b) Online education offers a flexible, viable solution for students to continue their education in their country of origin.
(c) Supporting continuity of education aligns with the state’s commitment to accessibility, equity, and economic mobility.
(d) Educating former California deported students online in their country of origin offers several benefits for the state, balancing access to education with broader societal and economic advantages. Furthermore, this approach aligns with California’s commitment to education equity, innovation, and global leadership.
(e) Some students may later return to the United States with legal immigration status, bringing valuable expertise and education to California’s workforce.
(f) Educated alumni who remain connected to California institutions can foster international collaborations in business, research, and culture.
(g) Helping these students succeed can contribute to global development, reducing economic disparities and migration pressures.
SEC. 2.
Article 10 (commencing with Section 76150) is added to Chapter 1 of Part 47 of Division 7 of Title 3 of the Education Code, to read:
Article 10. California Community Colleges Access and Continuity for Deported Students Act
This article shall be known, and may be cited, as the California Community Colleges Access and Continuity for Deported Students Act.
For purposes of this article, the following definitions shall apply:
(a) “Deported student” means a student who departed the United States on or after January 1, 2025, was enrolled in a California community college at the time of departure or detention, and the departure occurred for any of the following reasons:
(1) Due to immigration enforcement actions by the United States Department of Homeland Security.
(2) Voluntarily due to the threat of immigration enforcement by the United States Department of Homeland Security.
(3) Due to being denied reentry to the United States after voluntarily departing with the intention of making a brief trip abroad.
(b) “Online education program” means a distance education program offered by a California community college, including, but not limited to, career development and college preparation courses offered pursuant to Section 84760.5, that allows students to complete coursework remotely.
(a) Notwithstanding any other law, a deported student shall be exempt from paying nonresident tuition under this article if the student meets all of the following requirements:
(1) The student was enrolled in a California community college and not paying nonresident tuition at the time of departure. The California community college at which the student seeks to enroll shall verify that the student has met the requirements of this paragraph.
(2) The student provides an attestation to all of the following:
(A) The student no longer resides in the United States.
(B) The date the student departed the United States.
(C) The reason the student departed the United States, consistent with subdivision (a) of Section 76151.
(D) The name of the California community college at which the student was enrolled before the student departed the United States.
(3) The student reenrolls in an online education program offered by a California community college no later than three years from the date the student departed the United States.
(b) A deported student that meets the requirements of subdivision (a) shall be exempt from nonresident tuition for the duration of the student’s enrollment in an online education program.
(c) A deported student shall remain exempt from paying nonresident tuition until completion of any of the following:
(1) An associate degree for transfer.
(2) An associate of arts degree.
(3) A certificate of completion.
(4) A certificate of achievement.
(5) A certificate of competency in a recognized career field by articulating with college-level coursework.
(6) Courses required for transfer to a four-year degree program.
(d) If and when a deported student resumes in-person education at a California community college, the student shall be eligible for all of the following:
(1) Retaining residency status for the purpose of determining tuition and fees, provided the student was previously classified as a resident and met the requirements under subdivision (a) at the time of departure.
(2) Being exempt from nonresident tuition, provided the student previously qualified for an exemption from nonresident tuition and met the requirements under subdivision (a) at the time of departure.
(3) Applying for financial aid upon reenrollment.
This article shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that California community college students who are deported, leave the state due to fear of deportation, or were denied reentry to the state are able to continue their education, it is necessary that this act take effect immediately.