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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)

Oh, hey, that's real sweet of them, isn't it? Gee, I guess the next time I need an education at a discounted price, maybe I'll forge some documents and declare myself an Irish national.

American citizens don't get a fair shake in our own country anymore.

Interesting Illegals receiving in state tuition, and how about other people who move from other States to CA!! Want to invite everyone across the borders of USA for in State tuition in CA higher education opportunities?? No wonder the revenue is down for the University systems of CA. California is no longer "The Golden State" with unlimited financial resources. The "Golden State Freeway" can be rededicated to the Golden State memories of yesteryear. Even with the beautiful rainbows there is only a mythical pot of gold at the end of the rainbow.

Time to wake up and deal with the realities of today for CA! Governor Arnold, still trying to sell the 25 billion dollars in bonds before leaving office?? Who is going to buy them, perhaps China? Not Japan, because it is in dreadful financial shape even though they own almost a trillion in US debt bonds!!

When there is no longer money in the coffers to pay the judges of ill dispute, common sense will rise to rightfully reign supreme. Until then we are stuck with decisions based on delusional thinking.

Is there any way we can recall these affirmative action lackeys?

Don't come looking for bail out from the rest of us when your stupid state hits bottom.
You are on your own.
Anyone with any sense needs to get out of CA now.

A state deficit in the billions, and yet California continues to give benefits to people in the country illegally. Who was it that said illegal aliens don't use taxpayer dollars?

all of the regular tax paying folks in Calli-forina need to just quit paying taxxes at all.... its clearly time for revolt.

And you wonder why there is a tea party.

Could a male ask for a female pat down? I just may opt-out

chin needs to go back to commie china!!!!!!!!!!!!!!!!!!

Yah Der Hey,

I be from up nort in Minnysota. Can you tell me der how I go abouts becomin a eleegal immygrant in California. I knows that eef I move der legally, I would be payin a years worth of barley pops more to go to da college der.

Why are you surprised?

Look at the judge writing the decision.

This tuition ruling is just like our entire immigration system. I know. I've seen it.

Foreigners giving foreigners the right to become US residents and citizens.

Here it is just another guy of foreign origin ruling in favor of foreigners again. We just sit and complain.

Complaining isn't going to change any of this. These judges stick their finger in our eye without any fear of retribution. The joke is on us.

This is not a reason for bankruptcy. Review your economics before. Many of these students work hard AND do not receive financial aid therefore, not taking any money. Many of these students have been brought to the country when they were of a young age by their parents.

This recklessly spendthrift state, accelerating toward insolvency, will soon be insisting that every poster here, bail them out with the rationale that they're "too big to fail". All I can say is resist with every thing you've got.

Why can't these illegals understand, sure we want their cheap labor, but we do not want to pay anything beyond the 8 bucks an hour they get for washing our cars or cutting our grass. The nerve of these people.

When will the big one hit California and knock it off into the Pacific?
One less welfare, liberal infested state, really who would miss it?

That is the reason why California is bankrupt. I can't believe that illegals are entitled to the in-state tuition rate. It's better to be illegal in California than a US citizen coming from another state. That's outrageous. California court judges - you suck big time. You are bias and hate US citizens. You favor illegals and give them all the benefits that others who are here legally and move to California cannot have. You are bringing down this country bit by bit. Shame on you. You don't deserve to be judges. I hope that you get toppled soon.

Figures a guy named Chin would want Americans to pay for illegal aliens education.

Hey Chin, are you legal? or just sucking the American teet like all the others. Enough already, how embarrassing for the once great state of California.

Impose Arizona's law NOW!!!!

you mr ming are a complete idiot and deserve to be removed from office..how much were you paid to come to this decision??

Evidently these judges can't read case or Federal law. Their political bias is showing. Rewarding those that break Federal law is about as pathetic as not having the guts to prosecute them when they are in-state. Caleeforneea is certainly an odd place. One thing is to be gleaned by this ruling for law abiding American citizens; boycott Caleeforneea, leave them to their folly.

I live in Illinois, and while it isn't quite as insane here, we also have a bloated government taxing the producers to pay the outrageous public sector pensions. A note to both Illinois and California - I can (and ultimately will) move to a lower tax state. I won't have to pay for your public pensions. And if we keep the Republican US House on their toes, there will be no more bailouts for the union cronies of the Democrats.

Yet another indication that sound premise and competence eludes this nation at an acceleration rate.

Ignorants!!!! California is not going down the drain because of this. California is going down the drain because they elect movie stars- Period. Interesting enough is that illegal immigrants pay their tuition but never receive anything from out of it- I mean, can they really obtain good jobs? No, they can not.

You people should focus more on discovering what really is going on in your own corrupt district... like the City of Bell.

just plain stupid

We have a judge on crack! This one needs to be resolved/appealed ASAP!!!

Perhaps Justice Chin needs a slow boat back to his homeland to reeducate himself on some of the finer details of American law.

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