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

[Ron]

Why are they allowed to attend school at all at any level? These people pay NO TAXES! Schools are funded BY TAXES! If you want to have the benefits of this country illegals, DO YOUR PART OR STOP COMPLAINING.

[Dan]

Shocker! Meanwhile, they are collecting unemployment checks from Colorado and Arizona from a stolen social security number. This state needs to close the welfare gaps and loopholes that all the illegal immigrants take advantage of! They get free medical care just because they can't speak english. Thanks Boxer!

[Ding Dong Pong]

So if your from Oregon you won't qualify for in-State tuition, but if your from Mexico you will.....insane!

When California goes bankrupt they should be on their own. NOT A DIME OF FEDERAL MONEY. NO BAILOUT FOR THE INSANE!

[Don]

Well, It is the CA Supreme Court.

A state version of the nut cases on the 9th circuit court and just as likely to be overturned.

[Mr. Cauvin]

A native Calfornian, I departed the Golden state some twenty-five years ago. I've never had a regret. Live in Dixie now. Yep; Bibles, lotsa guns, low crime and good neighbors (of every color). If you covet these things just get out of that place. You'll be welcomed here. And, for those who stay on the left-coast, y'all won't be getting a bail out from the rest of us. Maybe Jerry Brown can fix it.

[jw]

Wow did I have it wrong. I always thought we were supposed to send illegal aliens back to their respective countries. I now know we are to give people here illegally less expensive educations. Thanks for clearing that up for me.

[Mark Adam]

Criminal, absolutely criminal! The state of California is completely broke, yet they are handing over their money, country and freedom without a fight. It's time for one less state in the union.

[John Sloan]

Agreed the Presidency is too much for President Obama, but reporting the news adequately is also too much for Newsweek.

[Mike]

What part of illegal is this judge missing. Our system is freaking broken by lawyers who shouldn't be allowed to practice law for their lack of any ethics. They are not supposed to be in the country yet we can allow them to use our school system which obviously knows that they are illegal. Isn't this falling under aiding and abetting a criminal.

[MTCLEM]

Common San Adreas!! Bring on the big one!!!! Shed us of this cancer of a state!!

[Buddy]

Maybe we can give Europe a case of wine to take them. Does anybody remember when you lost your rights when you committed a felony...no vote, nothing. Now, out-and-out ILLEGAL non-citizens are getting FREE public schooling through high school and partially paid college tuition. How many billions are they in debt now? Maybe their taxes will go up enough that they finally clean their own house of these judges and politicians that are so fanatically far left that they are completely out of touch with reality.

[Unhappy Californian]

I live here and have to tell you, Californian has reached the tipping point. The "takers" not out vote the "providers". A case in point, we just re-elected that moron Jerry Brown. He's a primary reason California is in the miserable condition it's in. He and his father. This moron buried California years ago with policies resembling this kind of thing, and the people want him back.

As soon as it's feasible I'm going to move out of California. I'm lucky enough to be high-middle class and will happily take my tax base out of here and provide it to a more worthy state (just like Boeing, Lockheed and all the other large corporations that left years ago, under Jerry's watch!)

[Jim]

Are you folks totally out of your minds?

[antical.]

oh. good.... keeping sinking yourselves into obilivion, california

[Jay]

This never stops to amaze me. Does no one in the government or law enforcement understand what illegal means? When it comes to robbing banks, stealing or speeding the laws are enforced as those actions are ILLEGAL. Yet when it comes to people being in the country ILLEGALLY those laws are not enforced. Why the double standard?

This does not make me anti-immigration. I am all for immigration that is done LEGALLY and according to the law. Just like all other countries in the world require.

So why should individuals be entitled to lower tuition for breaking the law, who are not U.S. citizens when law abiding U.S. citizens that do not happen to live in California have to pay higher out of state tuition.

[Vince]

Sure, let's keep giving illegal immigrants all the benefits of being a US citizen without the need for them to pay taxes or follow our laws. No wonder the state of California is broke, all our tax dollars are going to taking care of illegals. We keep having to lay off teacher, police, fire fighters to pay for them being here illegally. I guess making sure that they are happy is more important than keeping Americians working.

[Not Me]

Unbelieveable ! What a joke... The California Supreme Court is a joke !

[Disgusted]

"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.]

Why??? Why does someone here illegally get more rigthts than a citizen of the US?

[JTSoCal]

Yeah great, despite the fact that our (Leftist Socialist) Democrat leaders here in California keep crying and warning us about massive budget shortfalls and city and state deficits, teacher lay-offs, and student tuition hikes, let's just make sure that American California taxpayers keep paying the costs for illegals who want to "get ahead".
After all, we wouldn't want to do anything that might deter illegal immigration and possibly reduce it's negative impact on our standard of living.

[P T]

Isn't it wonderful how illegals are encouraged to enter the country and enjoy all the benefits that even citizens do not get. So all the people who entered this country LEGALLY ! paid thousand's of dollars in tution, because they were trying to do THE RIGHT THING, WERE IDIOTS.
No wonder the state has a massive deficit.

[Bob in Texas]

We now have a new addition to the list of mythical figures whom people claim to exist but whom are actually just made up:

1. Santa Claus
2. Easter Bunny
3. Unicorns
4. US Citizens who live in another state, attend schools in California, and graduate from a California school

[Jim]

I can't wait for the federal class-action against California by out-of-staters claiming they are illegally discriminated against because of their national origin as Americans.

[Lydia]

California should not get one cent of federal money for any type of bailout or stimulus. Then I would encourage them to keep passing these laws until they reach the poverty level of a third world country. It is what they deserve!

[cdubbs]

Good for them! Time to pull the lid down on themselves and have themselves nailed in. Drive all the contributing citizens away as well as business and let Hollywood foot the bill. Just don't come crying to the rest of us when the streets are ablaze because all the handouts stop. Viva El Stupidos.

[czervik]

Is the nice weather worth it? Really?