Policy and Legislation
Understanding Policy and Legislation
There are a number of state laws in place that support the undocumented community here in California. It is important that individuals stay inform of these laws so that they can best utilize the resources available to them. At this time no state laws have been impacted by the new presidential election. We will continue to update the community on any policy changes.
DACA, which stands for Deferred Action for Childhood Arrivals, is a policy that protects about 800,000 young people who entered the United States without inspection as minors. Although the program does not provide them with official legal status or a pathway to citizenship, it does enable them to apply for a driver's license, a social security number, and a work permit.
Temporary Protected Status (TPS) is a temporary immigration status granted to qualified nationals of certain countries who are currently residing in the United States. Nationals of several countries devastated by armed conflict or natural catastrophe are eligible for this status, which permits them to live and work in the United States for a limited period of time.
DACA recipients can petition for special permission to travel outside of the US for particular circumstances. Only humanitarian, educational, and employment purposes will be given advance parole. Here are some instances of each purpose:
- Humanitarian: travel to see a sick relative, medical aid, funeral services, and other pressing family issues
- Educational: school-sponsored study abroad programs or academic research
- Work: conferences and trainings, meetings, international assignments, and meetings
Important: Before traveling outside of the United States, you must have your Advance Parole application approved. Re-entry is not guaranteed if you are given Advance Parole.
U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE)
The information that students share on the AB 540 affidavit will not be shared with U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE). Under the Family Educational Rights and Privacy Act (FERPA), the information that you provide will be kept confidential. Additionally, AB 540 and AB 2000 dictate that student information obtained through the affidavit will be confidential.
FERPA is a federal law that protects the privacy of a student's educational records. This law applies to CSULB and as a result the university cannot release student information, including legal status, except under very specific circumstances.
Parents and family members of undocumented students are commonly concerned with a fear of deportation and the well-being of their children and as a result may caution them about not revealing their legal status. Parents and families should know that there are laws in place that protect a student's records at the university level.