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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)

That's why they call it the granola state. It's full of Fruits and Nuts...

AZ needs to build a fence along it's southern and Western border all the way to Nevada.

LOLOLOLOLOL.

So people that have no right to work in this country now get a discount to deny an American and America a college education. Next is the sob stories about how they have a degree in social studies, but can't get a job....

the citizens of CA deserve everything they get from the officials they continue to elct into office. I live in NY and we are not far behind this liberal bastion of social programs run amok...

Is the whole stat living in a dream world?

The problem with socialism is that sooner or later you run out of other peoples money

- Marget Thatcher

No bailout for California! And this is a prime examply why they shouldn't expect the rest of America to help them. Let Mexico bail them out.

I've lived in CA all of my 69 years of life..........I finally want to move our entire family OUT!! THis is a disgrace!!!

This just in -- The court according to me decided unanimously that I, as a California taxpayer, am entitled to NOT pay for such folly.

I guess the rest of the nation is correct. California really is stuck on stupid! I want the world's best and brightest to come to California and United State, LEGALLY. I am not willing to bankroll those that violate U.S. laws.

It would appear that California has simply tipped too far over and all hope for its survival is lost......How Sad.......Eventually the Supreme Court may bail them out of this Decision, but I am afraid it may be too little, too late.......

I Just Don't Get It !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

It's time that people born to legal Americans and naturallized Americans join together and let Washington know that we demand enforcement of federal immigration laws and the Constitution. If someone is here illegally, including those born in the US of illgeals, must be deported. I do not care how many millions it is. I do not care what jobs these people are doing. They must be gone! We cannot tolerate this illegal activity anymore.

This is a fairly typical court ruling these days. It doesn't matter what the people think, how they vote, or what the real world consequences of the decision will be.

At the point at which decisions regarding illegal aliens are being made by judges with names like "Ming W. Chin" you can more or less write off the jurisdiction in question.

America is falling to pieces. It has to decide whether to expel states like California - as constituting a basic threat to the rule of law in other states - or reconquer them.

If CA gets any kind of Fed bailout, I will personally organize a movement to stop paying taxes. I will lie, cheat and steal to keep every legally earned dollar. This will include working under the table and paying cash for all purchases.

This madness must stop. If CA wants to be a 3rd world state..then go for it. It is one of the many reasons I move out of that state.

Frink Stink: Apparently no one in La La land understands the meaning of illegal.

"In a ruling written by Justice Ming W. Chin, one of the panel's more conservative members"


Just goes to show that there is no such thing as a real conserative in California.

Well that will certainly deterred illegal immigration. Good job California..Not!

No wonder the state is such a mess. They hand out free sturr to EVERYONE who gets in line.

Did you of you read the article?

They pay in-state tuition/fees rather than out of state. Since they have lived in CA for more than 3 years this makes sense. A student from AZ coming to a CSU or UC has not paid taxes into CA, a student living here for three years has paid taxes.

They do not get financial aid - Pell Grants, no stanford loans, no work study.

Do you really think 25,000 students are the reason for the finicial difficulties in CA? Which is approx 37 million.

What a shock! OF COURSE they ruled this. They think the entire world should have all of the privileges we have without any of the responsibilities. Illegal aliens are entitled to one thing - DEPORTATION!

Ready, Aim, Fire! Oh, my foot!!!

The key word is: ILLEGAL

No wonder California is cripple financially. This isn't even the children of illegal immigrants. This is ILLEGAL immigrants themselves. If they're known to be illegal, then they should be deported. This alone would save Californians BILLIONS of dollars EVERY year.

Every single California taxpayer is paying for the education of Mexicans. There's no mystery to the debt problems of California.

I think I'm going to tear up my social security card and claim that I am an illegal alien. Where is the up side of being a US citizen? There are certainly benefits to being illegal - lower college costs, don't have to pay for health care, don't have to pay state taxes (except sales tax), don't have to pay federal taxes, I can get housing supplements, food supplements... seriously, what a load.

No wonder California is cripple financially. This isn't even the children of illegal immigrants. This is ILLEGAL immigrants themselves. If they're known to be illegal, then they should be deported. This alone would save Californians BILLIONS of dollars EVERY year.

Every single California taxpayer is paying for the education of Mexicans. There's no mystery to the debt problems of California.

Send your kids to California for college... just tell them to leave their social security cards and birth certificates home. They too can be illegal. Its the newest fad.

the people behind implementing the decisions are mexicans!!!!!mexicali!!!!!

 
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