California Supreme Court hears case that would bar illegal immigrants from receiving in-state tuition at public colleges

The California Supreme Court appeared skeptical Tuesday of a lawsuit that would end in-state tuition for an estimated 25,000 illegal immigrants who attend the state's public universities and colleges.

The court is reviewing an appeals court ruling that said the state is barred by federal immigration law from giving illegal immigrants in-state tuition, which can be as much as $19,000 a year cheaper than fees charged to out-of-state students.

At issue is a 2001 state law that provides the lower tuition for students, including illegal immigrants, who attend and graduate from a California high school.

A lawsuit before the court contends that the state requirement is preempted by a federal law that prohibits states from using residency requirements to give educational benefits to illegal immigrants when the benefit is not also offered to citizens.

During a special session in Fresno, some of the justices noted that the state law provided benefits to citizens as well as illegal immigrants. Out-of-state citizens who attend high school in California also are eligible for the lower in-state college tuition under the law.

"It doesn't say anything about residence," Justice Joyce L. Kennard said.

The case was brought by a conservative group on behalf of out-of-state students who paid higher tuition at California colleges than illegal immigrants who graduated from California high schools.

A ruling is expected within 90 days. If the court upholds the state law, the case is expected to be appealed to the more conservative U.S. Supreme Court.

-- Maura Dolan in Fresno

Comments

[UC graduate]

California is subsidizing $19,000 per illegal immigrant students when the state is already billions in debt and the economy is in a recession. This has been going on for decades and has to end. Before increasing any taxes, cut the wasteful spending and subsidizing and waste first. If the UC teacher's aids want a raise in their salary, closing this subsidy alone would be enough for a raise, while all students would see their tutition rates to hold instead of increasing every year.

[Park McGraw]

"an estimated 25,000 illegal immigrants who attend the state's public universities and colleges"

The leaders of California and it's public colleges are out of touch.

[Tornadoes28]

Why is this even in the courts? If they are illegal immigrants then obviously they should not pay in state tuition. Actually, if they are illegal, they should be barred from attending State colleges.

[Doinok]

What is so hard to understand....Illegals should not be rewarded...period. The need to even discuss this just amazes me.

[Vet1]

Can't sanity enter the picture? Not only should illegal aliens be prohibited from attending public universities and colleges on in-state tuition, they should be prohibited from attending at all. Get here legally and then, and only then, attend.

[Michelle]

I could never understand this law, when you put another nations citizens ahead of American citizens?

[Ray]

What about giving US citizens tuition!

[jsa26]

It always boggles my mind that we give special treatment to people who are legal residents of another country that we do not give to legal residents of another state of the union.

I applaud the people who brought this lawsuit and are fighting the Sanctuary types.

[Cynthia Stout]

I feel for those who want more but are not United States Citizens.... However, my daughter who is born of 2 people, both U.S. citizens born and raised, was not able to receive any assistance.... She was considered for FAFSA under her step-father, who made a good living but she was ineligable and could not apply for scholarships because she was not his "biological" or "adopted" daughter. This needs to stop! She deserves everything that those who aren't "citizens" get! It is wrong!!! Just because her biological father choose to ignore his "daughter" does not mean that her "step-father" should have to burdon himself with all of the costs for her college. Why doesn't the U.S FAFSA application take this into consideration? Why is it that people who aren't even legal citizens get to take advantage of things offered by our governement? I am all for "Live and Let Live" but when my daughter is deprived of her basic right as a U.S citizen....it infuriates me!!!

[rhoemer]

If a US citizen tried to go to a Mexican college they would be rejected. You have to be a Mexican born citizen to attend higher education in Mexico. So why do we do it?

[ev]

Someone needs to remind the state supreme court that by definition an illegal immigrant is from out of state. The state education system is broke, it would help if the schools stop subsidizing those they shouldn't.

[rick siegel]

Ah, it's so simple, isn't it? Just say no. But odds are most of these students have been here most of their lives, and will be here for the rest of their lives. So is it right to bar them from being better educated and therefore becoming more productive citizens?

They aren't the culprits, but if we refuse them the opportunity of education, we will make them victims.

[That Girl]

Wait, we pay for illegal immigrants and their college funding? Are you serious? Why can't we just cross the borders and get some free (or almost free) schooling at other countries too? Why are we, who are in such debt, paying for people who aren't even of our country? How foolish has America become?

WHAT IS WRONG WITH THIS PICTURE?!

[mark]

what about the thousands of legal immigrants that have worked hard all their life, played by the rules with the hopes of attending a CA state college that is reasonably affordable and do not gain admittance as their test scores may be slightly lower than an illegal immigrants are and they have to pay taxes to subsidize this outrageous situation

[Tax Paying California Resident]

I also don't know why this is a discussion. If they are going to attend, they clearly have to, at the very least, pay the rates other "out of state" students pay. They have not been paying taxes in California and thus do NOT qualify to pay in state tuition.
I graduated from a CSU and am currently in graduate studies at a UC. To think that we could save nearly half a billion would help give a small boost to the graduate students living on stipends below the poverty scale... sad state of affairs.

[Luis]

I guess Webster's needs to change: Illegal is Legal. There are no difference in America. What a JOKE! I think Illegals have more rights and benefits than citizens. Soon, there won't be any more legal citizens. America, the country of illegals!

[Alan Hart]

California is wrong in giving a tuition break to illegal aliens. This is another draw to cross the border illegally and steal from the citizens of the US. The state can pay my wife back her out-of-state tuition fees as she came here legally and ultimately became a citizen, also legally.

[Adam]

I don't have strong feelings one way or the other on this issue. I'm sure most people are going to take the conservative side of the argument; "They're illegal, they shouldn't be given the benefit of the lower tuition." Yeah, I get it. But the other side of the argument is this:

(1) The younger undocumented immigrants are not necessarily here by their own volition. They were brought here by their parents. While allowing them to pay a lower tuition unjustly rewards the parents, not allowing them the lower tuition unfairly punishes the undocumented students, who may have done nothing wrong.

(2) Education is crucial to a productive future, particularly in this economic climate. By giving undocumented immigrants access to education, it opens the door for them to become productive members of the community. It also gives them an incentive to obtain proper documentation, which they will ultimately need for employment after they graduate. The alternative is denying students who, as mentioned, likely have done nothing wrong, and who are desirous of an education, access to said education, and forcing them into menial jobs, or worse, crime. Having an educated and productive populace is better for society than having another day-laborer on the street.

[Tiffany]

10.5 billion a year goes to illegal alien healthcare and welfare, an additional 3.5 billion goes to their education; if we are in the hole 19 billion a year WHY--WHY are we paying 14 billion a year in illegal funds?!?!

[ONE I OPEN]

WHY DONT YOU BAR CODE ALL ILLEGALS ENTERING THE U.S. SYSTEM AT LEAST THEY WOULD BE PAYING TAXES LIKE US U.S CITIZENS NO MORE FREEBEES......

[ELA DAVE]

Let's see, if I come to the U.S. from, let's say the Island of Mombo Bombo and enroll as out of state with a Student Visa, I pay $19,000 tuition. But if I get in a small boat row to the U.S. and enroll as an illegal alien, I pay in-state tuition. What's going on in this crazy upside down world??

[concerned]

i love the way people assume this is a mexican issue.. people there are illegal vietnamese, armenians and many other throughout the Cali. Well actually the government glady subsidizes those groups (Viet & Armenian). When I was 18 I was a teller at B of A and cashed many many government checks. Armenians coming to cash in their Mercedes. As a young women who came from a single mother and was denied any financial aide cause my mom (made too much) mind you raising 4kids on her own.. bravo to the group bringing the suit.

[2cents]

throw - them - out

[Clara]

Given the financial situation in California, it is unbelievable that in-state discounted tuition is given to illegal immigrants. Our tax dollars are paying to subsidize tuition for illegal immigrants, not to mention the fact that illegal immigrants are taking 25,000 college spaces that could be going to citizens or legal residents.
We need some common sense in the immigration debate. It defies common sense to pay for college for people here illegally when citizens and legal residents are having difficulty paying for college and when our colleges are too crowded.

[Mikey]

Were going to get more of the same if we put a Dem in for Gov. and Attry. General.