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.]

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--Maura Dolan in San Francisco

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

 

Comments

[jkeyes]

The California State Supreme Court has called for Illegal Actions; Honoring Illegals. The State Supreme Court should be arrested for breaking the law.

[Joey J]

UNREAL!!! Why??? Someone really needs to step in and take action dem or rep... The great state of CA has turned into the great state of MEXICO... I am so over it

[Don Nelson]

,,, and Justice Chin is considered one of the more conservative on that ultra-leftist bench? Ha! I think we need to look the law schools and audit what they are being taught is Constitutional.

Bankrupt lunacy or lunatic bankruptcy - either way!

[Dave]

this state is a world wide EMBARRASSMENT!!!!! Im ashamed to even admit i live here! its time that AMERICA reclaims this state from mexico!!!!!!!!!!

its no wonder the state is insolvent.... all our money goes to mexico and other third world scum countries!!!!!

[Tim]

Pass the barf bag.

[clara]

Justice Ming W. Chin--is she an elected judge? I hope so because I'm voting against her next time around. And all the other judges that were on this case should be voted out as well.
Justice Chin, we will remember...

[Tom]

I just read 2 pages of comments and not one person supports this decision but we just had an election and voted for all the people who support this way of thinking. Maybe after California goes bankrupt and there are riots in the streets from all the people who still want their hand outs the people will wake up.I hope so cause I still love living here. I'm not sure how much more I can take. Everyone else in the nation is laughing at us!!!

[Maury]

It's not going to make much difference anyways. At the rate these thieves are raising tuition in CA, it'll probably be cheaper to attend out of state.

[firedup49]

You mean the courts are approving people breaking the law to get rewarded. There is something wrong. Next it will be ok for people to rob stores and banks.. Then why do we need courts??

[Thomas46]

Suppose it's cheaper to avoid a lawsuit from other countries (and our own) rather than do what's right.
I love being on the business end of California jokes.

[SammyD]

This just makes my blood boil. I am born and raise in California as was my children. My son is a student and now he has to compete to get classes with illegals and then pay for it since he's also employeed full time. The irony of it makes me ill...

[Gooz]

I became a Citizen 6 years ago, thinking I receive Citizen benefits...but I want to give my citizenship back. How can I do that?

[Joe Ramirez]

Here's where it gets even worse. If you're an illegal that just showed 4 years ago and had a son or a daughter in high school, that means you skipped the first 14 years of paying taxes into the state.

Now, the rest of long-time California residents will pay your share of taxes.

[Dave]

this state is a WORLD WIDE EMBARASSMENT !!!! we have fallen from the 4th most financially powerful entity in the world to an insolvent SLUM in a matter of 5 years!!! WHY???? because people wont stand up and deport this criminal element. all they do is glom offof our social services, they dont pay taxes and when they dontr have enough, they simply steal it!!!! its time to JAIL the "justices" or better yet lets send them to mexico along with tony gosa and his lame duck city counsel!!!!!

[Patrick C.]

HOW? HOW? HOW? How can an ILLEGAL even be admitted to college? This is a version of The Twilight Zone. Has everyong gone nuts? Besides that, my 21-year-old niece had to go all the way up to Chico because she could not get into any colleges closer to the Inland Empire/San Diego area because of overcrowdedness.

[NotDeadYet]

They just keep spending money they don't have, and then begging for federal funds to bail them out. In other words, getting all the other citizens in the country to pay for their craziness. And they have moonbat judges who make everything "legal". I've said for years that California would crater us all, but I thought it would be the real estate market.

[danseagull]

I WONDER WHAT A FOREIGN COUNTRY WOULD CHARGE ME FOR TUITION KNOWING THAT I WAS AN AMERICAN AND IN THEIR COUNTRY ILLEGALLY???.......JUST WONDERING !

[Rick Clay]

If I was every out of state student paying out of state Tuition rates I would sue the State of California and every university so that they can pay in-state tuition rates as every illegal alien student. Then lets see who cries the loudest. The State of California or the Universities when they go even more broke. This is stupid. California deserves to go broke.

[Deborah Williams]

Just don't ask the rest of the country to bail you out!!! Ca should have the live or die with their own decisions. Don't let them take the rest of us down!

[jeffk]

If the dopes in California want to accelerate their state's demise then that's fine with me as long as they don't expect citizens from other states to subsidize this nonsense.

[Vince]

Is this the Twilight Zone or what? I can't believe what I'm reading. ILLEGAL immigrants are allowed to use our school system AND get reduced tuition on top of that?? NO WONDER they pour over our border. We are practically INVITING them here!! Wake up America. STOP THE RADICAL POLITICIANS AND JUDGES who are destroying our nation.

[Arthur]

‎*ahem... if i may say, illegal immigrant students who are in Cali high schools for three years are eligible for the same rates as every other in state student. THEY ARE NOT eligible for financial aid so they have to pay the 2500+ per semester out of pocket without the government aid. Where does this money come from? Their working parents or their own part time jobs where they pay, oddly enough, the same taxes you and I pay. They pay for their own education just as much as any other state school student. Now, for arguments sake, lets say that they are NOT offered the lower Cali resident rate for school, then they will more likely not attend college which will in turn force them to programs such as General Assistance/welfare which are much more costly than letting them pay the cali resident rate. Also, if anyone from out of state has lived in California for at least three years they are eligible for the lower Cali resident rate why wouldnt they be eligible?

[Cheryl]

They didn't post my earlier post, so all I'll say and I hope this one gets out, is California is in deep trouble. But it's always the one who goes first like the electric problem that had us in a hole before. But now we are very stable in that. We will dig ourselves out and be standing when the rest of you start to crumble.
I am not living in California right now but I am still a citizen.
So make fun all y'all want but watch us! With our new governor just watch.
Then start crying cause it will be you next!

[eden]

Let me understand that right. California will discriminate against people who live in other states but are legally here while protecting people illegally here.
So let's say you are a foreigner legally in California but resideng for tax purposes in let's say NY. It would be better for you to become illegal if you want to pay less tuition.

Now how do you prove you are illegal? Can a citizen of this country living outside Califonia claim that he is illegal? How do youprove you are illegal? How could they disprove it since asking for any info or prove of legal residency is illegal?

[JCBoston]

I don't understand why there's so much criticism about this decision in this forum. This simply allows people who live in the state, by no fault of their own (they didn't immigrate themselves their parents brought them), to attend a school for the same price as other students that live in that state. Some commenters seem to believe that California is now in the business of subsidizing tuitions. That is clearly not the case and this won't be the reason why California goes bankrupt.

We all get it, our immigration system is broken, but it is our own doing also, so let's stop blaming people who only came here because we offered them jobs. More importantly, let's stop blaming kids who didn't even decide to come here themselves and all they are looking for is to be able to afford to go to college. A college education!

I'm from Cali, I intend to return when I graduate, and it will bounce back. You want to do something productive, ask Congress to reform immigration and stop repeating the ridiculous talking points that you hear on television.