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

[Keith]

I think that the U.S. needs to cut off all Federal monies to the state of California. Illegal aliens are illegal no matter how long they have been here or where they went to High School. This is an example of a state out of control. Stop sending my federal tax money to bail out these loony tunes!

[Various_Authors]

This ruling is biased against students who attend California high schools for at least TWO years and graduate!

[waldo]

Where are the federal lawyers now? Isn't this what they sued Arizona over? States cannot userp federal immigration law according to our AG

[Lou]

"But what we are not obliged to do, and cannot permit any foreign government to demand, is absorb unlimited numbers of any country’s excess population. Americans alone must determine what the United States should be--and, yes, that includes our country’s ethnic and linguistic makeup." (Howard Sutherland's comments as he listened to Mexico's President, Vicente Fox with his plans to eliminate the US/Mexico border). Another Mexican-American war on the horizon?

[BobV]

I really don't understand why we are kissing Mexico's A_S. If the liberals of this county want to support illegals why don't we adopt the whole friggin country of Mexico like we did Puerto Rico and that way they can pay taxes like the real americans do ????? VIVA AMERICAS !

[Mark S.]

This ruling comes as no surprise at all. The USA might as start writing California off the books as the entire state is on the verge of economic/social collapse with no recovery in sight.

These people are in the country illegally and I'm willing to bet a very large percentage of these student's families did not pay a single dime in property taxes, etc. to support the cost of their children attending public schools.

This situation is a prime example of why every state should mirror what Texas plans on enabling next year. Public schools in Texas will be audited for illegals who in turn will be removed from the system and sanctuary cities will receive no state/federal funding.

[Kathy]

Way to go California. Just keep throwing out your little feel good policies on the tax payers dime while your state continues toward bankruptcy. The important thing is that you feel good about yourselves and even more importantly, that you look good to others. It's not working.

[Dennis D]

My daughter attends college out of state and I pay $8000 a year extra. Why do illegals have preference?

[Definition of Insanity]

Californis is the model for everything insane in our society today.

[kcsparky]

Here is a clear sign to all non-Californians...do not allow your children to attend California schools. In fact, since a chinese judge ruled, maybe the U.S. can sell California to China. Since people there seem to depend on the state government to do everything, maybe they will be happier under a system of communist government control. Californians have loved communes in the past. We could then apply the sale to the debt and everyone will be happy.

[Robert]

It's just a shame to sit here and witness how Liberals have killed the golden goose that is California. It used to be the place everyone wanted to live. Not with these idiots that are running the show there now. I feel sorry for all the productive, hard-working citizens of California that have to put up with these idiots. Take my advice, get out as fast as you can!

[Kathy]

Under our current administration, Californians know that they'll be bailed out by the rest of the country. Their politicians and citizens get to feel all warm and fuzzy at the expense of the rest of the country. It's a win win for them and we're the fools to be putting up with it.

[buddy]

So, what exactly is the advantage of being a U.S. citizen?

As a N.J. resident, I see California as a once great state now being dragged down by 3 groups:

- Public employee unions who never heard the word "No".

- Low skilled, uneducated illegal immigrants who contribute far, far less than they take from society. As opposed to highly educated, skilled legal alien residents who we need more of.

- Rich liberals who aren't affected by increased income tax rates. If you're worth $20 million and your income tax shifts $200,000 either way with tax rates, it doesn't touch you. As opposed to somebody making $80,000 a year who takes a real hit if their taxes go up.

These three groups are getting everything they want.

The result is fiscal disaster, and an end like Greece or France.

Great weather and food, with rioting greedy slackers in the streets.

What these people haven't grasped yet is that the Republican congress and millions of Americans who elected them will not permit a bail-out of California.

The Lindsey Lohan State will not be given more $$ and endless chances to throw away at our expense.

Sorry to say, but you're headed for rock hard rock bottom.

"Hello, my name' California..."

"Hi. California!"

[Ted]

The article stated that 25,000 illegal immigrants are estimated to receive in-state tuition rates in California.

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.

How many out-of-state citizens that attended and graduated from California High Schools are receiving in-state tuition rates?

"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.]

What about it cannot be a case where we give benefits to unlawful aliens that are not given to US Citizens?

[Regulas]

Caleefornia is lost, liberalism is a mental distorter. The best thing to do is hope a great earthquake splits all the lonny lefts and their sinking liberal utopia away from the sane people.

[jim]

Typical Liberal garbage. So now what, does a citizen have renounce their U.S. citizenship to qualify for in state tuition? I’ve heard of some stupid rulings but this is really ridiculous. Why would any student from another state want to attend a college in CA after this ruling – please.

[Chris]

Please, Lord, bring the 'Big One' soon and let this amoral cesspool fall into the Pacific. Oh, and please make sure Pelosi and Boxer are in-state when you do.

[hempstead1944]

Hey California ! You are BROKE !

[theJackal]

Absolutely ridiculous. This state is totaly bankrupt largely because of the illegal alien problem. These people should be deported and then the US should adopt Mexico's immigraetion policy. Anyone caught sneaking over our border should be imprisoned for a year and then deported. It's unbelievable that this criminal filth is paying reduced tutuion rates while our taxpaying citizens not only pay for thir own children, but have to pay for the criminals as well......Tryanny!

[Dandy]

I think California is a great place to send all of the illegals.. Instead of shipping the illegals off to jails and back to Mexico, just send them to school in California..

[JEE]

Free tuition for illegal immigrants... (and I’m assuming they are talking about non-citizens – US born children are citizens, after all, regardless of the criminal history of their parents). What does this mean for other students, the ones who were unfortunate enough to have parents that went through the legal process and became legal citizens of the US, or the students coming in legally from Europe, Asia, the Middle East, Mexico, South America, the students that have gone through the legal processes of applying for, and acquiring legal, valid student visas? Do these people now get punished for inflated tuition costs just because they and their parents obeyed the laws?

Wow, isn't that just lovely. What could be more fair than that?. California really do have some moron Judges.

[Robert]

What part of "ILLEGAL" does this nitwit judge not understand?

[Bob A]

Its time to partition America into two seperate countries. Each state should vote to join the CA / NY socialist liberal Amerika. Or Conservative America with honest judges and the rule of law. Let the liberals then destroy themselves while Conservative America prospers.

[Eve]

How can they qualify since they are legal citizens of another country? Send them back to their own country to attend school and use that money to help LEGAL AMERICAN CITIZENS AND THEIR LEGAL CHILDREN! THIS HAS TO BE STOPPED!

[Eve]

California becomes more sickening every year as it is taken over by citizens of Mexico! Is everyone out there a complete and total idiot???