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

[bill]

moot point,illegal pay no tuition ,at in-state or out of state level.
no legal status,no on the book income ,full tuition scholarship based on need.who cares at what level of tuition they pay nothing.

[JLJ]

This means that for illegals immigrants to get in state tuition status they must have attended three years of high school in California. Out-of state tuition applies to does who did not attended high school in California. This not mean that they are getting financial aid! Now the law.

Now the facts before you say something. They are Californians and are paying with any federal or state aid there tuition. Some of them have attended grade school, middle school and high school in California! Again, this not mean that they get financial aid. Some work others get sponsored to pay the in state tuition.

[Blooch]

I think we should waive tuition altogether for illegals and give them a monthly stipend while attending the university of their choice.

We should give this disadvantaged group a means for self-improvement and achieving a vested interest in this society.

[shereese Maynard]

This is insanity. In order for legal residents to get in-state tuition, they must prove legal residency of a state. Clearly illegals can't do that; on what planet would they qualify for in-state tuition? I guess if I squat in California I can go to UC Berkley pretty cheaply. If we are to use loosely based policies to allow anyone to establish residency, why not suspend the in-state/out-of-state rules altogether. If anyone is out of state, it's illegals! You can't get much more out of state than that.

[talon21]

My wife, who was a resident alien when she went to a private university in California many years ago, paid the higher out-of-state rate. Does this court decision mean that LEGAL resident aliens are discriminated against? If so, this ruling is insane as it will provide yet another disincentive to become a U.S. citizen and play by the rules.
Fortunately, we left California long ago and have never regretted it since.

[Tom]

What is it about "ILLEGAL" that these people don't understand? Your state is bankrupt...HELLO...The lights are on but there's nobody home! The only benefits should be a ride back to the border with a warning that if you break into this country again, you're going to prison and you'll do HARD TIME! If you want to come to the United States, we have a procedure for that and you need to respect the law! Why is that so difficult to understand?...These so called "Justices" all need to be brought up on charges and impeached.

[D Vu]

"The U.S. Supreme Court is expected eventually to decide whether the lower tuition rates also violate federal law"

The answer is in the title "In-state tuition for...... ILLEGAL IMMIGRANTS....... is preserved with California Supreme Court ruling" California is nothing more than an example of the socialist experiment we are all doomed.

[Blooch]

I think we should waive tuition altogether for illegals and give them a monthly stipend while they attend the UC of their choice.

We should seek to give this disadvantaged group a means to improve themselves and a vested interest in this society.

[ByteRider]

Can anyone here think of a single reason why CA is going bankrupt? Just one, that's all I ask.

[Budha]

That's fantastic, I'm a legal citizen and moved to California from Washington state, and had to wait 2 years to pay in state tuition, but an illegal can instantly pay in state fees?

[Bob]

Insanity trumps all in the golden state! Iowa fired its state supreme court. Maybe its time for this in California.

[Don Heald]

So sad that the State has failed so miserably due to its elected politicians. When will the people in California start to think for themselves and learn to stop electing the low caliber of people that have ruined that once great state.

So sad...

[Scott George]

Please, California, secede from the Union! The rest of us don't want to have to keep paying for your idiocy!

[Don Marshall]

To all of you who voted for Boxer, Brown and all the other liberal left I think that you would lllooove this. It is right up the liberal alley. Open borders, sanctuary cities for illegal, jamb it to the citizens, cater to the welfare to keep their votes in tow aahh California and the liberals ....... got to love it.....

[Frederic Webster]

SO WHAT'S NEXT FREE FOOD, FREE HOME LOANS DRIVER'S LICENSES.]

NOW WE KNOW WHY SO MANY GOOD AMERICANS ARE LEAVING THIS STATE. IT IS RUN BY A BUNCH A FOOLS.

[Dr John]

I know colleagues that went to Mexican med schools. They are in hock over tuition fees. No discounts. And California is subsidizing foreigners? It depicts all that is wrong with this liberal philosophy of self hate.

[Joe Lynn]

CA Supreme Court partaking in their legalized medical marijuana.

[nick]

these judges are all traitors and should be thrown out!

[jim]

I wonder if the Dept of Justice will go after CA like it did Arizona for potentially creating a "patchwork" of immigration law.

Our CA politicians will whore out the entire state for the illegal latino vote

[mario]

which line dos i stan in to get free mones?

[commonsenseguy]

From the article:
"In a ruling written by Justice Ming W. Chin, one of the panel's more conservative members, ..."
Horse-hockey this guy is "conservative"! He's a "conservative" all right..a "conservative" liberal! If this guy was really conservative, he would have ruled against the case. Real conservatives value US citizenship as a requirement to receive in-state tuition discounts.

[Nate]

Illegal aliens aren't even 'in-country' much less in-state. Is this a freaking joke? How do these judges become judges? It's obviously much easier to be judge than it is to have my job. California has become a miserable travesty.

[Joe]

What's pathetic is that the STATE ITSELF appealed the earlier ruling--against the interests, and no doubt the will of, the majority of its citizens.

[Artist]

Stupid ruling. So now legal California resident students will pay to offset these subsidized illegal students with higher tuition fees. When I graduated fron the CSU system in 1979 it cost $99 a semester for a full time student. The current rates are a joke and a direct reflection on the fact that unions run the state, not the citizens or the government.

[Veritas]

Californians, don't expect one thin dime of additional federal money to bail you lunatics out of your self imposed economic doom. May you all eat cat food before you see a nickel. Those of you who continue to vote for Democrats are parasites who will drive out the productive few who remain. You deserve exactly what you will get.