A University of California education will become more affordable to some nonresident students as a result of a vote by the UC Board of Regents Jan. 17 at UCLA.

Voting 17 to 5, the regents conditionally approved a new tuition exemption program that will allow certain nonresident students to pay in-state fees if they have attended at least three years at and graduated from a California high school and if they certify that they are taking steps to legalize their immigration status.

An estimated 200 to 400 nonresident students who are currently paying $14,933 in fees would be eligible under the new policy to pay annual resident fees, currently set at $3,859.

Some of these eligible students are undocumented residents, regents clarified, but many are domestic students currently classified as nonresidents for various reasons. For example, they may have attended high school in California, but their parents did not live here or moved away before they enrolled at UC.

The vote brings UC in line with AB 540, a bill signed into law by Gov. Gray Davis last October. That measure, which took effect Jan. 2, provided tuition exemption for these students in the California State University and the California Community College systems.

The regents had earlier expressed concern that nonresident U.S. citizens might also have to be exempted from the higher tuition if the new policy were found to be in conflict with a federal law.

So the regents decided, in order to protect UC, that the policy will apply only if there is additional state legislation limiting UC’s liability should the new policy be successfully challenged in the courts.

"The exemption will make it easier for hard-working, talented students to attend the University of California," said UC President Richard Atkinson. "The regents’ action today will also keep UC tuition criteria consistent with the state’s policies for the California State University and California Community College campuses, which will help reduce confusion for students and parents as they consider higher education opportunities."

Regental approval of the exemption, which could cost UC between $1.3 million to $2.6 million for the remainder of the 2001-02 academic year, was not without dissent. Said Regent David S. Lee: "This really bothers me, being an immigrant myself. I couldn’t afford college tuition. But we know we’re going to be cutting our budget. We need to take care of the people who are already in school. We’ve got to take care of Americans first."

The majority, however, expressed support. Regent Odessa Johnson described a recent visit to agricultural areas in the state. "Some of the brightest and most promising students are from the Central Valley," Johnson said. "We hold out the UC as their beacon, but they cannot attend because they are undocumented."

Students gathered to voice their support for the policy. "I came to this country from Mexico when I was 6 years old, and I’ve been waiting for my papers for a very long time," said Miguel Cruz, a member of WISE-UP, a student-led organization advocating access to higher education. "I’m currently attending Santa Monica Community College. Without the implementation of AB 540, my education will stop right there," he said.

During the coming weeks, the university will notify students who are currently paying nonresident tuition about exemption criteria and the application process. Additional information will be available online at: www.ucop.edu/sas/sfs/ppolicies/UCTEFAQ.PDF.

Judy Lin-Eftekhar is a writer for the staff and faculty newspaper UCLA Today.