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

[DF]

This is an absolute crazy injustice for every hard-working taxpaying U.S. citizen who's own child can't attend the UC school system under the same guidelines. I'd like to know how many of these illegal aliens ever finish college. Wake up Americans... our country is being given away by the liberal courts.

[Diablodiverdown]

Remember Ross Perot ? That huge sucking sound is coming to California !

[Aqualung]

Nothing suprises me anymore from the moonbeam state.

[DGNNV]

This is a great decision. I'm rooting for CA universal health care, continued and higher benefits for government employees, earlier tenure for teachers, stopping water to farms to protect the Delta Smelt, stricter emission standards, greater green energy requirements, higher taxes on business, a reversal of Jarvis Gann and whatever tax and spend proposal the people and legislature can think of. I'm for every idea that increases benefits and give aways and for soaking the rich in CA. The republicans in Congress will not bail CA out. That will make Nevada a much more attractive to CA's entrepreneurs and help Nevada.

[Big Elk]

Every border jumping illegal alien is an identity thief; how else would they get work, or get into a school without stealing a citizen's social security number. Every time you look at a border-jumping illegal alien you are looking at someone who stole an honest person's identity.

BTW, Chin is just an example of the corrupt fools California has for State judges. Hey, Ming Chin, show us your green card. LOL

[circle8]

Typical California thinking. They charge high fees to AMERICAN CITIZENS from other states but give a break to criminals who are in this country illegally.
I guess Cracker Jacks are giving out law degrees now. I know a bunch who received them.

[Caela]

Why don't we just put their feet up, fluff their pillow, and pour them a cocktail while we are at it. It is absolutely ridiculous how backwards our state has become. Illegal is illegal is illegal. You shouldn't be in the country yet alone our state yet alone given a discounted rate to attend our schools. I am the daughter of LEGAL immigrants and this is a slap in the face to both my parents and everyone who goes about citizenship the legal way. This law is simply perpetuating and promoting our illegal immigration problem. It dilutes what makes America great - its rule of law. If we just start letting people pick and choose which laws they want to follow and which ones we are going to enforce, how much longer before we begin to look like the corrupt governments South of our border? While I understand and have compassion for the desire for a better life, if we continue on this path - there will not be a better life for which to cross the border illegally.

[CLB]

Oh..... just another reason for them to flee to the US! Now they can get a college education at a bargain price. It irritates me they are taking up classroom space in the first place. We all know if they can get a college degree, they can earn the money to bring the rest of their families over even quicker.

[js]

Listen up all you Jerry Brown voters cause you're the ones that voted for this, too! Meg Whitman was gonna stop this idiotic abuse of California taxpayer money, but now Jerry Brown is going to keep taxing us Californians until there is no illegal alien left without cradle to grave benefits! You had your chance, you stupid Californians who voted for Jerry Brown! You let that bitch Gloria Allred fool you into thinking that liar former nanny was a victim when instead she was a fraud! SHE NEEDS TO BE DEPORTED YESTERDAY! Where is the justice in this backwards state! Am moving to Texas or Alaska soon where Americans are treated with more dignity and illegal aliens are not tolerated! And those states have no debt and they don't tax you up the yingyang like California. Such a loser state California...am looking forward to leaving soon. With 50 percent of the children in public schools now hispanic and 40 percent of their parents being illegal aliens......you've got to know that the state's going bankrupt for sure. Most of them don't end up creating businesses or even contributing much to society in general, instead they just keep sucking up from the system and making more babies. And that's the way it's going to keep going now that the liberal Brown is in office AGAIN. What a nightmare! I have respect for the legal hispanic Americans that took the tests, waited in line and filled out the papers, etc., but I have no respect for the illegals whatsoever.

[Olden_Atwoody]

632 comments.

I looked though at least half of them and found only 5 people who supported the decision, including one who thought anyone graduating high school should get US citizenship as a 'reward', and one who could hardly spell (text-speak).

Odd that this came out after the election of our judges.

Interesting neutral link that discusses the issue and its nationwide history:

http://www.finaid.org/otheraid/undocumented.phtml

I have a feeling that if this escalates to the US Supreme Court and is overturned that this will establish case law to deny all benefits to aliens, regardless of State law. The proponents of unlimited illegal immigration may not appreciate what they have achieved here, if that is the case later.

[Bing Doty]

Federal law says that "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State" for postsecondary education benefits.

This ruling is clearly in opposition to federal law, further creating the veritable "patchwork of immigration laws" that the administration warned against.

Where are you, Eric Holder?

I'm not holding my breath.

[Dudley Johnson]

I love it! A guy won't go through a scanner in San Diego and is a US citizen and is in violation of Federal Law and may face a fine of $11,000.00 dollars. But, if you violate Federal laws and State laws and are not citizens of this Country, you are rewarded with all the privileges of a regular citizen.
A kid rides a bike to school up near Sacramento with the American Flag on his bike and he is told he can no longer come on School grounds because some kids are offended by the flag....Well I'm offended that they are offended by OUR flag! Why can we never win in and OFFEND off! If you are offended by the AMERICAN FLAG, get the F out of our Country and find a Country that doesn't offend you!!!

[gnubi]

I was born at Oak Knoll Naval Hospital in Oakland, CA in 1953 to parents who are native-born US citizens. I joined the military in 1976. I was stationed in Oakland and Vallejo for 4 years. After discharge, I went to register for classes at Chabot College in Hayward and was informed I had to pay out of state tuition. I don't see the logic. If you aren't already stuck in this crazy state, stay away. It's for your own good.

[gnubi]

Since Gov Moonbeam is back, perhaps he'll formalize this in the oath for CA judges. CA legal code: the final frontier. These are the voyages of the 9th circuit court. Its mission: to explore strange legal concepts, to seek out new legal logic and subvert established law, to boldly go where no judge has gone before.

[jeopardy]

Let's follow Iowa and vote Justice Ming W. Chin out of the office!

[Steve Johnson]

I am recently unemployed for the first time in my life and at the age of 54, experiencing first hand the horrors of the job market for someone like me. Either I'm too old or overqualified. Or worse, white. Where is the Obama administration when I (reluctantly) need them? Do I have to emigrate to Mexico then sneak back into Arizona to be noticed? Apparently I do.

[kuruc]

we need these illegals to do jobs ameri cans wont do.the are real smart students who should be put ahead of the line,these students a the future of america.by all means, help them.

[Michelle]

This is such a great outcome for students who have fought hard to continue to pursue the American Dream through education. Many of these students come from Mexico but there are countless others who come from various countries as well. This anti-Mexican sentiment is very reminiscent of another time in our country's history... To be clear---Undocumented students did not choose to come to this country,they were brought to the US by their parents in search of a better life and the pursuit of happiness and prosperity. These students WANT to contribute to society!!! How can you deny someone an education? Let's face it, if more undocumented students further their education they will be able to contribute economically in a far superior way than they would otherwise... These students have more often than not, gone to school their whole lives here and contributed to the local economy as well so as RESIDENTS of the state of California, they should also be able to pay as a resident. Any resident should pay the fair amount. THEY DO NOT QUALIFY FOR FINANCIAL AID so why is this a problem??? If they decided to go to school in, say, New York for example, they would pay the out of state tuition... get it???

Last I checked undocumented workers contribute a great deal to society and our economy. If you'd like to blame someone for the current economic collapse see: Wall Street, Housing Market, Banks and Politicians... I know it's a lot easier to blame the "Mexican" but in reality it's much deeper than that.

[Bob Devine]

I do not know what planet those guys are from but just in case no one noticed they are giving away the state, country and our future by making a ruling like that.

Some how some way we have to get these people to start governing according to the constitution and not what makes them feel good.

[heatherfeather]

California will be the first battleground of urban v. rural, liberal v. Americans, elite v. common man. It will start with a tax revolt and probably won't get much further than that, as the unarmed libs will just retreat to their sanctuary cities and then realize that their unproductive, paper shuffling jobs won't feed them. Within a few years, they will beg for outside intervention, and the military will move in an forcefully deport the illegals. In the meantime, the libs will be bankrupt, and the riots will have destroyed their homes and paper-shuffling livelihood. At that point, they can have a choice of being deported, or their sanctuary cities being turned into huge mental institutions, where they can color pretty picture of flowers and unicorns with crayons, and have all the free medical marijuana they can grow.

[GT]

And if the rest of you all Couch politicians do not see what is going on and continue to point figures at the destruction of a once great state, you all will follow suit. Trust me, illegals are spreading and demanding more and more handouts. An invasion without a shot fired. Whatever you want to call it the disease will spread. This is the tip of the iceberg and what is coming to your state. So, go ahead, laugh at Cali, and such but unless you starting voting smartly or if that does not work, take more drastic measures, California will be in your back yard and then a lot of us will look at you and say "We told you so..."

[CF]

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.

How does that not conflict? If there is a federal prohibition on giving illegal immigrants educational benefits based on residency... how can they be allowed to get a reduction in tuition from being called residents? Absolutely insane. The moment I get a job outside of this horrid state, I am gone.

[Tarmangani]

If we just sold California to China for $1 trillion we could fix some of our outstanding national debt, get this money drain off our backs and make importing from China cheaper since it would be a contiguous country.

[Paul]

I never thought I'd say this but can I change my status to illegal immigrant? I think I'd be better off overall.

[riposter]

“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.”

However the qualifying language of AB540 was structured, the intent of those who passed this law was to benefit illegal immigrants. That their intent was concealed in a construct of neutral language that also makes it available to a minority of other students who aren't illegal immigrants doesn't change that fact. No honest person could believe that, absent the illegal immigrants students, the Democrats who passed this would have done so that families that have moved to other states after their children attended high school and graduated in California could have in-state tuition.

The same can be said about SB 1460, passed by Democrats this year but vetoed, that would have extended to AB540 students the access to financial aid.