In recognition of the many low-income students who live near the California-Mexico border and who seek quality higher education, Governor Newsom signed a bill that will create a pilot program that will allow 150 students who live within 45 miles of the California border to pay in-state tuition at nine of the state’s community colleges. The bill will go into effect if approved by the Board of Governors of the California Community Colleges.

Assembly Bill 91, signed by Newsom on October 13, amends the California Education Code Section 76140 that says, “The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes,” and that “fee increases shall be gradual, moderate, and predictable.” The Bill was sponsored by Assemblymember David Alvarez (D-San Diego).

A press release from Alvarez’s office explains, “Southern California and Northern Baja California operate as one megaregion, where over 170,000 people cross the international border daily for work, school, or leisure. This law can address the demand for skilled workers and promotes a more diverse workforce and economy by reducing the barrier of high tuition expenses for low-income students.”

Alvarez also pointed out that some of the eligible students are already U.S. citizens who happen to be living in Baja to take advantage of its lower cost of living. Assemblywoman Andrea Cardenas (D-Chula Vista) told the Los Angeles Times, “Because of the price of housing and inflation, people are moving across the border but working over here.”

Under the new law, tuition would be decreased from $307 to $46 per unit. That reduces tuition from $10,380 per year to $1,380, according to what the Times cited as “legislative analysis.” Existing law already authorizes community colleges to admit nonresidents who will be charged “nonresident tuition fees” unless an exemption applies. The new law will extend the lower tuition to those who are residents of Mexico, demonstrate financial need, and register for courses at nine San Diego area community colleges, including Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, or Southwestern College.

The Times pointed out that the bill comes at a time when community college enrollments are at an “all-time low.”

Specifically, to qualify, students who live near the border must enroll in six or fewer units. In addition, only ten percent of nonresident foreign students from a single community college district may receive the exemption. The community college governing boards are also charged with developing specific policies for admission and must find a university in Baja that will provide equivalent tuition breaks for qualified California residents who want to attend their school.

The text of Assembly Bill 91 points out that “Increased educational access can help drive economic growth and create new job opportunities in California’s border communities.” It will help low-income individuals, first-generation college students, and students from “historically marginalized communities to reduce the inequities” that often prevent them from going to college and improving their “economic mobility.”

The new law also highlights the “crucial role” that community colleges play in workforce development through both high-quality education and technical education and prepares those who complete their community college education to transfer to four-year universities. It points out that California, as a hub of technological innovation and the “world’s fifth-largest economy” needs a workforce that understands science, technology, engineering and mathematics.

The Times explained that the bill was “inspired” by an existing Texas law that allows Mexican residents who live near the border to pay in-state tuition. New Mexico and Arizona also have similar laws. Alvarez said, “It is definitely a surprise that California tends to lead on many issues but in this case, that’s not the case.” In fact, at least 24 states currently have laws that allow undocumented students who have lived in and attended school for at least three years to pay lower in-state tuition.

Assembly Bill 91, which will expire on July 1, 2028, did not pass unanimously. Senator Roger Niello (R-Fair Oaks) and five additional Republicans opposed the bill for “fiscal reasons.” Niello told the Times he questioned whether the bill would take resources away from existing students. Others question whether the bill will have any effect on current community college problems with low enrollment, which can be traced, at least in part, to the COVID-19 pandemic, but may have existed long before then.