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

[Eve]

We should cut off all funds to sanctuary cities and in the case of Ca. sanctuary states so that the rest of America's legal and deserving citizens and their children can have their JOBS BACK, afford hospital care and education etc...and for Pete's sake stop giving Mexican citizens in our country ILLEGALLY the government hand outs that are supposed to go to LEGAL AMERICANS. They are CRIMINALS. Get the trash out of Washington and put in some patriots who can send these illegals packing and defend our borders from this INVASION.

[Jim]

When I read this crap and see the word "illegal", how can you argue that anyone in this country with the word "illegal" in front of their name has a right to AYTHING! If they are illegal, why aren't they thrown out since we we know exactly who they are. Better yet...why don't we start with these crazy liberal judges who can't seem to get anything right! This country is completely upside down!!!

[Denver Unemployment Examiner]

Unbelievable. Yes, in Colorado, the CO Department of Labor & Employment turned off a pice of their software system and allowes U.I. benefits to be paid to illegals. Then, they defended their actions.
This country has placed the American, middle class in the minority; maybe we need to become a protected class.
With unprecedented budget problems and unemployment sky high - with millions of degreed, middle class professionals unable to find work and need to update/change their skill sets via education - the court decided that giving illegals more 'help' while denying assistance to the middle class, tax paying citizens - is an outrage and a disgrace.
Denver Unemployment Examiner
http://www.examiner.com/unemployment-in-denver/illegals-collect-ui-benefits-as-the-long-term-unemployed-99ers-are-denied-financial-assistance

[Donny]

I thought if you're an illegal alien you're breaking federal law by being in this country? What so its ok? Hmm well gee let me rob a bank thats breaking federal law too!!

[val]

THIS IS OUTRAGEOUS , I JUST KNEW BROWN WOULD FAIL AGAIN, BUT SO SOON ?? BOXER IS A CRIMINAL. STILL LOADING HER GREEDY ,LARGE POCKETS FULL OF TAX PAYERS $$$ WHAT ARE THE DEMOCRATS WHO VOTED FOR THEM, THINKING NOW ??(IF THEY CAN THINK AT ALL ) HOW PROUD THEY MUST BE. THIS IS A CRIME AGAINST CALIF.

[Jimi]

Typical word games from the circus court. Now, does anyone believe a student that attended a California High School for 3 years WOULD NOT be a resident? Well, they wouldn't be if they are ILLEGAL ALIENS!

It's official: Foreign Nationals that broke into our country illegally now have more rights than a citizen. That alone breaks the equal rights clause of the constitution, but who reads that old rag anymore?

So, all you out of state applicants: PAY UP! California needs all that extra tuition to help subsidize the cost of educatin' foreign illegal alien nationals on your dime. As to California residents: Pay up! Your taxes went up to pay for such nonsense. Jerry Brown promised to allow every qualified illegal alien free college education to be paid for by YOU.

[R Inky]

OK now...... I see that most of you do not understand this article.

The people that this is geared too (mostly) are the CHILDREN of Illegal/Undocumented "immigrants". These children were born in the U.S. to the Illegal/Undocumented parents and in themselves are therefore Illegal/Undocumented too. Because they grew up in California they have met the "residency" time frame for California and therefore meet the criteria for instate tuition fees.

If one is here Illegally/Undocumented they are not a resident but a fugitive. This is my opinion because I am a LEGAL Resident Alien. I find this court ruling to be very discriminatory AND Racist. Yes, Racist.

One lesser known form of racism is to give a group of people preferential treatment. I would consider this ruling to be VERY preferential and RACIST!

I along with two other people I have known since high school have been discussing this in depth. One who is a professor at UCLA and supports this ruling for "the children" and another who works for the Department of Home Land Security who wants to make things fair to everyone without punishing "the children" . Interesting things being said, many accusations too.

The professor who supports this has in his own words has admitted to many Latino/Hispanic friends and associates AND a sister in law who is part Cuban...... hmmmmmmm and he sees no problem with this ruling of preferential treatment .....which is Racist!

A professor at UCLA who is a Racist! How rich! ;D ...... you GO California!

[Emmanuel]

I just want to say to all that "people " against illegal students that if they don't like California anymore, just leave! I do not understand how they think 25,000 undocumented students could be the reason of the California bankrupt .
Please "American citizens get educated, get informed. Do not speak stupidly!

[Harold]

Fascinating. How something illegal can be "preserved" flies in the face of logic and common sense.

Even more amazing is how a Supreme Court Justice can miss or ignore the very root of this problem; illegal aliens (lovingly referred to as immigrants) are breaking the law with everything they do. Even when they are obeying the speed limit they are breaking the law by just driving because they are not authorized to be here. Establishing a residence is also illegal as they are not authorized to be here.

What the esteemed Justices should have found: An illegal alien who has attended California high schools for at least three years and graduated will be eligible when and if they have legal residency. That means going through the process as every legal resident alien from every other country has done.

[Mkera]

More proof illegals have infiltrated the California justice system and government through weak clueless PC Americans. This is traitorism at best, soon we'll all be just like Mexico living in poverty if we don't kick out these drugged up liberals at the top!.

[LEO]

our governing body refuses to acknowledge illegal immigration is a problem. heavy taxation on those responsible enough to work to compensate for those who don't. we continue to borrow from the feds for just this reason, pay for those who don't work, refuse to work or work under the table. the genuine unemployed are not the problem. let's spend the money on legal californians FIRST then we can be a pillar and do good things.

[Michael Willemsen]

This is a unanimous decision written by a conservative justice. It interprets the California and federal statutes literally and exactly as written. It does not consider the larger questions of how to deal with problems of illegal immigration, but views that as a question for the legislatures, not the courts. In short, this is a perfect example of strict construction. Usually political conservatives like strict construction because it produces the political results they want, but the comments on this decision suggest they prefer activism when it does not.
The California court's comment that : "It cannot be the case that states may never give a benefit to unlawful aliens without giving the same benefit to all American citizens" is correct under United States Supreme Court precedent. Plyer v. Doe (1982) 457 U.S. 2902 said that states cannot deny illegal alien children the free public education they provide to citizen children.

[Jessica]

After my husband and I finished our graduate degrees, we started looking for jobs. We were initially attracted to California because of the high salaries. After considering the price of real estate, the astronomically high taxes, and the crowding and the crime, we both realized that the state was a losing proposition.
As long as the state continues to give give give to those who don't have, and take take take from those who do, while still managing to be bankrupt and an unsafe place to live, productive people will flee the state or not show up at all, while illegal immigrants and the poor flock in.
I value compassion, but you have to pair it with critical thinking skills. Doesn't seem to me that California does that very well.

[valerie blanck]

those california legislators are off their rockers . imagine giving preferential treatment to illegal aliens over our own citizens .this from the same state that re-elected governor moonbeam . california made its own bed now they can lie in it !

[Marianne]

It is only fair that undocumented students get the opportunity to attend college without paying the out of state tuition! They do not qualify for financial aid or any of that. People need to stop being selfish and ignorant

[Marianne]

It is only fair that undocumented students get the opportunity to attend college without paying the out of state tuition! They do not qualify for financial aid or any of that. People need to stop being selfish and ignorant

[California Resident]

I am a California resident and I am disgusted at this ruling. I support LEGAL Immigration. Illegal immigration is a huge problem and I wish the politicians would open their eyes and address the issue. I see the harm it has done to my state. California has become extremely pro illegal immigration. I guess it's time to move.

[James]

In the news you hear that schools are closing due to lack of funds. Kids are our future and they are not getting the education they need because of teachers being laid off and classrooms are getting overcrowded. If we are worried about the education of our children why are we not doing something about it? Instead of giving money away to illegals, how about; every teacher that looses their job, 35 illegal students get deported. I wouldn't be so upset if my tax money was going to support America and Americans.

[Rich]

The state is looking for ways to cut its deficit, and subsidies for illegal immigrants should be first in line.

[John Rickell]

The only classes that should be allowed is English, Speaking & Writing the English Language, and any other courses that can help them become legal tax paying citizens. If they don't like it they can hop over the border to their native land and stay.

[Max]

I think many of the comments are missing the point. The Court simply ruled that the California Law, as written, was not preempted by the Federal Immigration Laws. As such, the in-state tuition exception (which applies to all non-residents whether they are illegal or not) remains intact. They did not say that illegal immegrants have a right to in-state tuition prices.
The judiciary cannot change the statute, they can only rule on the challenge before it. If you don't like the in-state tuition exception (which actually allows far more residents from out of state to get CA in state tuition prices than it does illegals) then petition your legislator to change the law.

I am sure the conservative members of the court would have loved to rule the other way, but just because they have certain social values does not mean they can twist the law any way they want.
I personally think it is totally bogus to give illegals in-state tuition prices in any situation. But that is totally irrelevant.

[Ann]

Can you hear Mexico laughing at us..... I sure can.

[Maria]

It sucks, people legally here in this country and american citizen received a raise in their tuition because we are paying the schooling of illegals? This state is in trouble because we have idiots running it.

[kuruc]

the court is full of s---. shakeapeare said let's k--- all the judges first. man he was right.

[Agueda]

This is the craziest thing I have ever heard: protect the illegals while tax payers - who are having a hard time paying their bills - also have to pay for these illegals.
I'm telling you: I'm proud to be a US citizen - very proud - but some things DO NOT make sense in the U.S
Hey America do you think illegal US citizens living in foreign countries would get the same great treatment as illegals get here? No wonder this country is falling apart....
I also wonder who votes for these politicians who pass laws such as these.... Unbelievable!!!!