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

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.]

ALSO:

Oceanside man fights airport full body scans (VIDEO)

Search continues for driver who triggered deadly motorcyle crash

Lindsay Lohan gets CHP escort as paparazzi chase during return to Betty Ford (VIDEO)

--Maura Dolan in San Francisco

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

 

Comments

[smokehouse]

I have to laugh like hell at this hapless state. How does it feel to pay the money you earned and was confiscated by the state government over to illegals. What a bunch of suckers. You people keep electing those radical liberals in your state. The rest of the country had the brains to throw the bums out. Brains are in short supply in this sorry excuse of a state. You are paying a hell of a price for the nice weather and beaches. Say hello for me to the morons in San Francisco and Berkley. BwaHahahahahahahahaha.

[Johanna]

What about those of us who PAY TAXES??!! No wonder this country is falling apart, we are relying too much on illegal immigrants then those born or naturalized here. This is a freakin joke, what about our kids who were born here????!!!

[Voting Out]

Sounds like a great reason to have these judges removed from office.

[Meg Larson]

Agreed... hello, does the term ILLEGAL not mean JACK anymore???
THIS IS TRULY A TRAVESTY OF JUSTICE.

[TJP]

I could understand this IF the majority of illegals were paying taxes into the system, but I rather doubt they are. They come here illegally so their children can get free or heavily discounted education, healthcare, etc., and in states where illegals make up a large percentage of the population, it's already bankrupting hospitals (which are expected to eat the extra costs) and the taxpayers (who are expected to prop up bigger and bigger deficits in California through higher sales taxes, "sin" taxes, etc.).

[Producer]

Like a hopeless drunk, time to let California fall flat on her face. I will do my share to accelerate her demise.

[kit hogan]

An absolute outrage. The courts first job is to protect the rights of AMERICAN CITIZENS. these people are in OUR country illegally. Why should they get any benefits? This entire court should be recalled......i am furious

[Another Nail]

This type of systematic idiocy and political correctness is only hastening Kalifornias demise. Unfortunately it is just another in a long list of anti-citizen decisions that have been handed down over the last few decades. There can be no fixing the problems we face without acknowledging and tackling the problems/corruption that has infected this once great state at virtually every level.

And to those from other states who say let CA burn, thank you. While I agree there should be no fed bailout to fund this ponzi scheme, its also extremely convenient that these states had no problem taking federal money originating from us when times were good.

Please write your representatives and try to get legislation written up that bans Californian money redistribution via federal hands to your states once things turn around.

[Scott]

Isn't the real question to be asking here is WHY are illegal aliens even allowed to attend American Universities? Absent a student Visa, which would technically give them legal status, why are we allowing illegals to enrole?

[Bill Bogen]

It's no wonder this once wonderful state is in the fiscal shape it's in. When are these left wing liberal elitists going to wake up and realize that the federal govt can not and should not continue to bail their sorry fannies out of mess they've created.

Illegal is still illegal and until the laws are changed they do not belong in this country, much less receive benefits similar to our citizens.

Wake up California!!!!!!!!!

[Dungbeetle909]

I can't wait until CA files for bankruptcy protection and the gravy train ends. This state is toast. Obamanomics will do us all in. Print and borrow money until your currency is worth zero and you have 100% unemployment. And to think we just elected Gov.Moonbeam to save us. Like Whitman was any better. We are so SCREWED!!!

[Cece]

Where's the incentive to follow laws? Makes me want to stop paying taxes. It seems like there are more benefits given to those illegally imigrating to California than the legal residents.

[aheegantbuhleeveit]

makes no sense to charge taxpayers more money than the illegals...thats politics for you...

[jmoran]

It's not just for Hispanics. California has a huge illegal Asian community. It may explain Justice Chin's position.

[Robert]

Our country is no longer a government of the people, it is a judicial dictatorship.

[thinkbot]

Wow, now that takes the cake for politically correct stupidity. Can we get these kids some free health care while we're spending taxpayers money? Welcome to America, where you don't have to follow the rules OR speak the language.

[Cass]

Sweetbearies: Why should breaking the law give them an ADVANTAGE, though? Don't you believe that there are legal citizens from out of state who want to go to college in California? Why, it might even be that they are gifted students that cannot afford the higher tuition rates. Why should an illegal alien pay less than those who have not broken the law? Why do you want to reward criminal behavior with a special preference and discount prices? Do you honestly believe that is right, or even fair? Why are you championing a state-mandated preference for illegal aliens over American citizens? It's insane!

[mike]

this is beyond me, i pay taxes so the state gov. can give it to illegals. and you wonder why california is broke.

[Robert]

Our country is no longer government of the people, it is a judicial dictatorship.

[What?]

As a California resident, taxpayer, and educator, I support this ruling. As the article points out, the law applies to all people who attended and graduated from HS in California. In other words, if you go to high school in California, you are a resident in the eyes of the state university systems, regardless of where you were born (be it Mexico, the Phillipines, or, yes, Nevada). Residency has a different meaning to state schools and the federal government.
Food for thought: What about all the money spent on athletic recruiting and scholarships for non-California residents who are low performing students? Is that ok because they aren't ALIENS...? Let's be honest with ourselves, folks.

[Dave]

looks like its time to replace the judges that made this terrible mistake... this is just another example of this state rewarding criminals!!!! thats all they are in nothing less than criminals!!!!! The ruling is equally criminal and the " justices" that made this terrible mis carriage of " justice " SHOULD" be JAILED!!!! this state is a FLIPPING JOKE!!!!! my tax dollars are hard at working educating criminals instead of rounding them up and throwiong them out of here!!!!!

[Hr]

Does no one get that the overall goal is one world government. The gift of universal healthcare, which you are mandated to buy, is a vehicle by which you can be tested, assessed and your behaviour controlled. Your vote is just for evidence that you are participating in (and agreeing to) the system. The nice thing about this relentless equality is you can eliminate half the population and not lose a thing since everyone is "interchangeable".

[Osamas Pajamas]

Get rid of tax-supported education and if Uncle Sam sticks his nose into private education, CHOP IT OFF!

[Matthew Hunt]

Thank God for the judicial system. The trolls on this web would quickly spiral into a murdering mob based on the hate here. If they meet the residency requirements, documented or not, why would we not want them to get more educated? This is one planet. Get over yourselves. California's difficulties are as much a result of whack job supermajority prop's as they are any spending measures designed to increase our quality of life here.

[JAG]

OMG. You people in California are insane. Do judges study law in California?