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

[bigbiz2]

California is not broke enough yetI guess.Legislature has been controlled by Willie Brown and for the last 20 years by Mexicans.Congress should vote to cut the federal funds to this Mexican stronghold...why should someone from Wyoming's taxes go to California

[Laughing on the outside]

Only in Cali,
Good for you all in allowing your state to become over run with liberals. You all deserve it!!!!!!!

[Olden_Atwoody]

"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."

Unanimously?

[CantBelieveThis]

So...my brothers son who lives in Arizona can't get in-state tuition as an US citizen but Illegal Immigrants can????? We've lost our minds.

[Fast Dave]

I'm soooooooo laughing at the Liberal Parents who voted for Jerry Brown - He's going to turn all of California into Oakland...

[Delphinus13]

Here's hoping the U.S. Supreme Court injects some sanity

[MominOh]

All Californians who continue to vote lunatic progressives such as Pelosi into office deserve what you get! Cali needs to be walled off from the rest of the US so logical, common sense citizens can get on with our lives. Good Riddance!

[Okie Dan]

California,

When you need that big Federal Bailout, don't expect the other 49 states to get on board.

[tkay]

Judges hands were tied. The residency requirement is "high school" not being an "American". California is destroying itself..

[Nick Halsey]

Illegal immigrants are not all from Mexico only. They are from all over the world, and there are borders all around the U.S. The focus is on Mexicans, who have tribes that were here long before other aliens came here to this part of the earth.
You are talking about human beings. The separation begins in the language. We all come from ONE TRIBE, FROM THIS GRANDMOTHER EARTH. SHE IS NOT AN OBJECT. SHE IS ALIVE. LOOK AT ALL THE LIVING THINGS THAT GROW FROM HER., AND TO SAY THAT OTHERS ARE ALIEN FROM THEIR OWN LIFE GIVER SHOWS DISRESPECT TO THE SACRED IN NATURE. YES WE ARE ALL CONNECTED TO NATURE.

[Jack]

CA deserves to be broke ---

[Stu in SDGO]

This is horrible! But what can we expect from the Left which is bent on bankrupting and destroying the state and country? Time to follow the lead of voters in Iowa who voted out the three judges who ruled in favor of homosexual marriage. Since they all voted in favor of providnng in-state tuition for illegal immigrants, they all need to be impeached/recalled or voted out. Illegal aliens have zero constitutional rights and deserve nothing in the way of taxpayer-provided benefits or subsidies. Period.

[John Breland]

So the Mexicans want California back? I say give it to them. It's a drain on our economy, and a cancer on our culture, and generally an embarrassment to the American people.

[Nick Halsey]

Most say you, as if we are separated, or not part of your ideals of money. Is this where God is, on the bottom line? Where is the real values? This is the American way? To deny other human beings their birth right for being born on this Grand Mother Earth. She is Alive and she is not an object!

[Bruce_Almty]

If you know they are illegal and you don't deport them.... You should pay for their mother and their brother and their children and the aunts and uncle to go to school... How liberal are you??? Open borders require you to give.

[Al Gibson]

Isn't it great we just elected Jerry Brown again?

[Lee]

It's reported that Latino students now comprise the majority of California public school enrollments .Now we have illegal aliens given special tuition advantages not available to US citizens. Throw in the welfare allotments, free medical care, food stamps, etc that illegals receive and you can only ask....is this a great country, or what!

But you have to bear in mind that Californians just voted to keep Pelosi, and Boxer, and Mr. Moonbeam in charge..as well as Democrats in control of both houses in Sacramento. Never fear, I'm sure that Obama will figure out a way to bail out California...especially if El President de Mexico tells him to.

[quail]

Justice Ming W. Chin, Republican Gov Pete Wilson appointee.

[trajan]

The illegal immigrants are doing the dirty work for the so-called elite class. That is why our politicians and business leaders bend over backwards to accomodate them. Just like when the corrupt banks on Wall St. were on their backs and looking for a bailout from the American taxpayer. We have a class of people in this country that expect the American taxpayer to foot the bill for their luxuries and high standard of living while they hold us down. So we have an army of illegals in California displacing Americans out of opportunity and doing the dirty work for a corrupt elite class that obviously does not know what it means to be an American anymore. They push for amnesty and sanctuary cities for their low wage workers and do nothing for their country but suck the life out of it. The American people need to find a way to take their country back and out of the control of these traitors that would give an illegal alien opportunity and advantage over the needs of their own countrymen.

[Blorg]

Can the Union secede from California?

[Connie]

If these students attended California schools for at least three years, graduated from said schools and were accepted into California colleges & universities, don't you think their parents paid taxes in California too? PASS THE DREAM ACT!

[OrneryEagle]

There is going to come a day when the judges are going to respect the will of the people, and it won't be none too soon. By the way, next time one of you libs decide to demonstrate because your tuition rates increase, connect the dots you brainless tarts. Cal was going in debt at the rate of 40M a day prior to this 'brainy move,' tomorrow it'll be at least $50M a day. But don't worry, we've hired the notorious "it's all lies' Moonbeam Brown. What next, Pelosi for President of California?? Holyshi_! Wake-up stoners!!

[bushygoodness]

So, as a legal citizen why do I have to pay taxes? Im just gonna move to Mexico, become a citizen, and then sneak across the border. It'll be great! I won't have to pay taxes, I'll have free healthcare provided by the LEGAL hard working Americans, and then i'll also receive that high school/college education. I also won't have to worry about deportation, as long as I am not smuggling drugs. Soon enough, legislation will be passed that will allow me to vote, too.

This absolutely disgust me! I am ashamed of what this country is turning into. My ancestors didn't hop on a boat in Europe and sail down to Mexico to cross a border illegally, they came through Ellis Island...the legal way. Let's not forget that Supreme Court!

[Ian Wei Buckner]

So much I miss about my home state since moving to TX 8 years ago; my alma matter USC, my parents, Ronald Reagan, my favorite tacos in Downey, and Fatburger. Yet, I read this and any regrets quickly fade. Unchecked liberalism is a cancer - CA is Stage 4 with a very short remaining lifespan. Good luck CA and God Bless Texas.

[pokey5735]

It is time for impeachments to begin!
This is absolutely ridiculous and the American people are sick of the courts legislating from the bench!
Lets start the proceedings now!