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

[Joe-Newport Beach]

Maybe if California returned to Mexico, all Californians would be better off?

[attorneygirl]

This is outrageous.

How fast can I move my business and my residence out of this bankrupt, socialist, backward state?

I don't want my tax dollars (and I pay lots and lots of taxes folks) going to illegals. Period.

[Willywonka]

Any wonder why the state of California is in the situation it's in now? Namely; BROKE

[John Payton]

One easy way to use this court ruling is to wait until illegal immigrants begin classes. In order to enroll, they will be required to state that they are illegal immigrants or else they will pay full tuition.
After classes start, the ICE people get a roster via court order of all students and then go from class to class removing the illegals in handcuffs.
Result: end of cheap tuition for illegal immigrants.

[Jax]

Ok, so if you emigrate from Arizona, Nevada or Oregon then you pay out of state tuition but if you come from Mexico then its out of state. I just don't see the logic in all of this.

[What the heck]

They are breeding us out!

[circlesandarrows]

Enjoy it now. When your state goes belly up, this will be one of the things the auditors will change. The rest of us in other states (who are going to be "stockholders" in the California IPO), are going to call the shots then. If you can't conduct yourself responsibly, I guess it'll be left up to us.

[BPS]

Undocumented students are not eligible for any STATE or FEDERAL grants or loans, therefore they must come up with the money by themselves.

This makes it easier for them to attend college, but they still have to work 10X harder than a student who is eligible to receive a Pell Grant or any other federal , state, or campus grants or loans.

[JoeSedSo]

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

Being the socialist among the communists doesn't make you conservative. How about this:

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

[charlotte v]

My God what are they thinking>> I live in Georgia and do not want to pay for bailing out California and they are giving everything away to illegals

[Alan Hart]

Now we have another item for the ballot. Since the legislature won't stop this practice, the people have to.

Remind me, why do we have a legislature?

[Gary Pate]

So someone breaks into my house & I have to subsidize their college education???

Why is there no common sense in our alleged justice system?

[Joep]

The people of CA keep voting for these Morons the deserve what they get. Any member of Congress who votes to bail out California will be voted out.

[Russell Dion]

I live here in So Cal and cannot for the life of me understand where these peoples mind set is coming from! I've moved my business back to my home state( God Bless Texas). Now I can't sell my home for what I paid for it in 2006( paid $740K and just appraised for $462K). Trying to make the decision to just walk away or stay a little extra longer. There are lots of conservatively fiscal people out here but, they are now out numbered by a bunch of socialist idiots who cowtow to the illegals. Every store and business has all the announcements in spanish. This place is so F'ed up its silly. Beautiful state being run by idiots and trashed by foreigners.

[Gary Pate]

So someone breaks into my house & I have to subsidize their college education???

Why is there no common sense in our alleged justice system?

[Cap]

Sad but I just have to LOL at you fools. Just another sign that California is a failed state and will be the first to declaire backruptcy. Gov. moonbeam, save us, save us!!!!!

[Randall Stoner]

The outrage of the people posting comments on the Supreme Court's decision in Martinez v. Regents amuses me. Although some posters are screaming judicial activism, the Court’s opinion followed the established rules for statutory interpretation and concluded that the statutes enacted by Congress did not prevent California from passing a law allowing anyone who went to a California high school for three years and graduated to get in-state tuition. The decision was unanimous -- no dissents, no concurrences. The entire political spectrum of the Court agreed that, in Justice Chin's words, "Congress did not impliedly prohibit what it expressly permitted." I suspect that the real reason for the outrage is the same old xenophobia of the Know-Nothings and their modern successors rather than outrage at an exercise in statutory interpretation.

[Tarantula]

2 more years and me and my tax money are getting the hell out of this goofy ass state...

[Dennis D]

Keep paying through the nose until you are broke. Thats the best solution for rabid liberalism. In fact I think all States should bus their illegals to California.

[Ster]

So... if I come from Arizona, and SAY I'm an illegal from Mexico, Canada, whatever... I get in-state rates?

SWEET!

[smith]

The decision makes perfect sense. The California law the Legislature wrote says that anyone in California for three years can get in-state tuition. The Court didn't write it.

Illegals smart enough to get into college here should be admitted at in state rates anyway. Why? Because its painfully obvious that the feds are never going to send them home. Here is home. And they'll be voting and living here for the next 30 years or more. Do you want them to be educated voters with a stake in California, or excluded, hostile but still here? Want those kids to be part of Califoria or on the fringe? Some of those kids are hard working kids who will be a great asset to California and the US. If the feds are not going to deport them, then California had better start bringing them into the mainstream. Make room in the elevator. And address your complaints to Mr Holder.

[Rachel]

This is SICK! Ridiculuous! The lawmakers should be arrested! Illegal means ILLEGAL! Any law maker who thinks this is ok should be considered a criminal for thinking that an illegal alien AKA criminal should be allowed to benefit from the USA.

[Maggie Danan]

As long as Californians are choosing to spend the money they do not have in such an irresponsible way, then NO BAILOUT,NO BAILOUT, NO BAILOUT,NO BAILOUT,NO BAILOUT,NO BAILOUT,NO BAILOUT!!!!!!!!!!!!!!

You elect fools like Boxer and Moonbeam and expect the rest of the country will pay your bills? I think not!

[Rick Willoughby]

My step son is a LEGAL alien paying out of state tuition in California. Why doesn't he get in state tuition?

[Bob Easterday]

What a slap in the face to all US citizens living outside of CA. In effect illegal immigrants are given more rights than American Citizens. Why, because their legal residence lies outside of California? where do you think Illegals true and legal home is??

Of course I would expect nothing else from a liberally biased CA state Supreme Court. What do you call a "Conservative" judge who makes a liberal decision? A CINO. Conservative In Name Only.