1. (a) A person who is not a citizen or national of the United States not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) shall be eligible to establish residency pursuant to the provisions of this subchapter.

2. (b) A person who is not a citizen or national of the United States is precluded from establishing domicile in the United States if they:

   1. (1) entered the United States without inspection at a designated port of entry and has not obtained a status under the immigration laws of the United States allowing them to establish domicile (undocumented persons);
   2. (2) entered the United States under a visa which requires that they have a residence outside of the United States; or
   3. (3) entered the United States under a visa which permits entry solely for some temporary purpose.
3. (c) A person who is not a citizen or national of the United States described in subsection (b) shall be known as an undocumented person and shall not be classified as a resident unless and until they have taken appropriate steps to obtain a change of immigration status from the United States Citizenship and Immigration Services agency (USCIS) to a classification which does not preclude establishing domicile, and has met the requirements of Sections 54020-54024 related to physical presence and the intent to make California home for other than a temporary purpose. The Chancellor shall, after consultation with the University of California and the California State University, issue guidelines for the implementation of this section.
4. (d) Notwithstanding any other provision of this subchapter, a person who is not a citizen or national of the United States who was classified as a California resident by any college in a district as of September 30, 1991, or during the Fall 1991 term, shall not be subject to reclassification unless the student has not been in attendance at any college in the district for more than one semester or quarter.

Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Section 68062, Education Code; 8 U.S.C. 1101(a)(15); Toll v. Moreno, 458 U.S. 1 (1982); and Regents of the University of California v. Bradford, 225 Cal.App.3rd, 972, 276 Cal. Rptr. 197 (1990).

History

1. Repealer and new section filed 3-3-86; effective thirtieth day thereafter (Register 86, No. 10).

2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b).

3. Amendment filed 8-30-91; operative 9-29-91 (Register 92, No. 4).

4. Editorial correction of printing error in second paragraph (Register 92, No. 12).

5. Repealer and new section filed 1-16-92; operative 2-18-92 (Register 92, No. 18).

6. Editorial correction of History 2 (Register 95, No. 19).

7. Amendment of section heading, section and Note filed 8-8-2024; operative 9-7-2024. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2024, No. 37).