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In-state tuition for illegal immigrants is preserved with California Supreme Court ruling [Updated]

Chin The California Supreme Court decided unanimously Monday that illegal immigrants may continue to be eligible for in-state tuition rates at the state's colleges and universities rather than pay the higher rates charged to those who live out of state.

In a ruling written by Justice Ming W. Chin, one of the panel's more conservative members, the state high court said a California law that guarantees the lower tuition for students who attend California high schools for at least three years and graduate does not conflict with a federal prohibition on giving illegal immigrants educational benefits based on residency.

California is one of several states that permit illegal immigrants to take advantage of lower college tuition for students who attend high school and graduate in state. About 25,000 illegal immigrants are estimated to receive in-state tuition rates in California.

A group fighting illegal immigration challenged the California law on behalf of U.S. citizens who pay the higher tuition as out-of-state students. The group won in lower court, and the state appealed.

The lawsuit contended the California law usurped a federal prohibition on giving educational benefits based on residency to illegal immigrants but not all U.S. citizens.

College students who are in the country illegally are barred from government financial-aid programs. The U.S. Supreme Court is expected eventually to decide whether the lower tuition rates also violate federal law.

[Updated at 10:29: The court observed that the state law also benefits U.S. citizens who reside in other states but attend and graduate from high school in California.

"It cannot be the case that states may never give a benefit to unlawful aliens without giving the same benefit to all American citizens," Chin wrote.]


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--Maura Dolan in San Francisco

Photo: California Supreme Court Judge Ming W. Chin in 1996. (Bob Galbraith / Associated Press)


Comments () | Archives (803)

They'll probably also be exempt to the 15% tuition hike that the caused to be imposed on the legal students.

What part of illegal do people not understand?

Another sign California is circling the drain.....

Meanwhile, they are jacking up tuition for those here legally. They need to FIX this law. Amend the lnaguage to add additional criteria that includes legal status.

And the budget hole gets bigger and bigger due to things like this. Cut off the money flow to the illegals and protect American citizens.

So.....law-breakers get special treatment better than people from Nevada or Arizona?

Who are the lunatics who allow this farce to continue?

And they wonder why they are broke....

Yet they want the rest of the country to bail them out.

Can't we give California to Europe?
Surely we can get a case of wine or something for it.

Given the thinking in this issue, I now know why California is bankrupt. While they're at it, maybe they should bail out Europe as well.

Wow...thankfully I don't live in California. Doesn't that state realize they need to get their act together before they go into total meltdown.

From the article, bottom:

The court observed the state law also benefits U.S. citizens who reside in other states but attend and graduate from high school in California.

Question: Is it possible to live in another state, attend schools in CA, and graduate from a CA school.

Hm, I just can't figure out why California is so bankrupt...

How long do they think people making money will stay in this Horror Show of a State? California deserves to lose all its productive people. Kinda Glad to see Jerry Brown and the complete democratic legislator have to go down with the ship.

California, you deserve everything that is happening to you.

Unbelieveable activism in full frontal assualt...

This joke of a court has just created a firestorm that will reverbiate throughout the nation.

Fortunately, this will be challenged and eventually struck down on the grounds of due process, for starters.

just another reason to leave Mexifornia

LOLLLLLLLL, California is a mess, you guys give benefits to other countries citizens in the state illegally, and do not afford the same benefits to your own citizens, lollllll.. The can take their education back to their native lands, and enrich them, while California legal citizens get third world education that is priced out of their reach. Now, I have seen it all.

California needs an extreme makeover, can't wait to hear: Bus Driver Move That Bus.

What a waste

I'm assuming the court worked out a reciprocal arrangement where US students will be afforded the same rights and priviledges at Mexican universities. What's that? No?!? Really? Then why would California do this? Oh I see, self-loathing liberals looking to destroy the United States.

About the only way to stop them from wasting our tax dollars is to stop paying them. You liberals can dig deeper into your own pockets to pay for the illegals, since they are your problem now.

Another nail in the coffin of America and Democracy! A LEGAL Tax paying out of state American Citizen is forced to subsidize the tuition of any foreigner here illegally !!!!

And people wonder why the cost of higher education is going up.

This is outrageous. No wonder the state is failing financially in every sector. I'm sure that the feds will be sure to slap a lawsuit against this any minute now for having laws going against federal ones, right?


Goodbye California. It was nice knowing you.

Welcome to the University of Alta-Kalifornia System. The Reconquistas have won.

Your tax dollars at work. No wonder California is about to go bankrupt.

California is a good state to be from; the farther, the better.

And you wonder why California is near insolvency needing Billions of dollars to remain open just for basic services?? Thank god I am not a taxpayer in that state.

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