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

[Forrest]

This is a completely unsound and indefensible position. This is the garbage you get when you stack the courts with liberal judges, so much for rule of law. In California it's now meaningless to be a citizen of the United States. Cut all federal funding for California's universities and do not ever allow the federal government to bail out this basket case state with tax dollars from responsible states.

[Mercedes Diez]

this is the ultimate insult. California is broke, our taxes are going to be hiked and we should pay for the education of people that don't have a ligitimate right to live in the country.

California is going to be third world country very soon. We have no one to bblame for our own people for voting Democrat again and again.

Mercy, Santa clarita

[brianguy]

once again, CA decides to circumvent federal laws as if they are special. well, we're "special" all right. we're e-specially bankrupt, ethically and otherwise.

[Hard to Believe]

In addition to the obvious, many of the illegal (Hispanic) students probably get financial aid such that they pay very little or nothing.

[Sweetbearies]

It is not a minor child's fault that he or she is an illegal immigrant. If a high school student is here for all four years and graduates, I think they should automatically become eligible for US citizenship on the grounds they are putting in the effort to complete their education, stay in the country, and become a productive citizen. We should reward any student willing to complete their education and go on to college, especially since there are many US citizens who drop out of high school and never go back. Reward all students that put in the effort to graduate from high school and go on to college: it is the right thing to do!

[Paco Mexicana]

CALIFORNIA POLITICIANS ANS JUDGES ENDORSE ILLEGAL BEHAVIOR

Both the judges and the politicians are selling out California and the country by luring more illegals to
enter the US to have the fruits of the hard earned
labor of US Citizens.

These students should be arrested on day #1 in school.
Anyone can show up to vote without identification. Yet,
you cannot pick up a letter fro mthe post office
without lawful ID.

I am forced to pay California taxes to support these
illegals education?? Thank God so few o these illegals
would academically qualify for admission. Oh yeah,
let's change that also so they receive affirmative
action!!!

THE WOLD IS UPSIDE DOWN!!!!

[daniel]

They should have to do Mandatory military time, before any of this was given to them .. fricking bull crap. I had had to 4 years for the guard to basically qualify for what they are going to get for free?? The problem is they have people who will set all this paper work up for a small price. So the more they do the more money they make.. I know. this is for all paper work. Jobs. DL . DMV paperwork. We are done

[Jim]

35% increase last year, another 15% this year! Much of that money earmarked for students who can't afford to pay...now who do you think that might be?

This is rediculous - Stealing from Peter to Pay Paul...pretty soon Peter is going to say take a hike CA!

[M Mee]

Why are illegal immigrants eligible for anything in this state I will never understand. Then there are the folks like myself who was born and raised in California that cannot get a break whatsoever for student loans or grants for my son to go to college.

[Satch]

I thought Kalifornians still might have a chance to save their state until they elected MoomBeam Brown as Govener again,------now your on your own!

[bill]

I'm generally a liberal in national and international affairs but his really sets me off!! Unbelieveable that these people are not only allowed to break the law but they rub it in our face by taking advantage of being residents of a place they are in illegally. If the Supreme Court takes such an interest in the law why don't they have politicians like Anontio Villaragosa arrested for not enforicing the laws. What a mess!

[Smith]

So the UC is going to decrease enrollment, increase the admission of out-of-state students at full tuition, and admit illegals at in-state tuition.

Well, someone has to pay for UC professors to keep retiring at age 50 with pensions. There's no spare money for the UC because other state workers are retiring at age 50 with pensions.

None of this is the Court's fault: they followed the law your Legislature wrote. You want change? Vote for a different Legislature and maybe for Whitman who is not indebted to unions. Oh wait...you didn't. Well, then, don't complain when the Court follows the law your Legislature wrote. Maybe your kids can be admitted at a nice community college.

[Bob]

Come on folks - this is all for the benefit of the teachers union in California. Without the union's help these wonderful judges would never have been elected. If you take away this help the schools would have to tax you more to make up for the shortfall.
You rich american's can afford to pay more, don't take it out on the illegal who shouldn't even be in this country.

[Tom Junk]

This is the most absurd thing that I have ever heard of!!! Why should people breaking the law have more benefits that law abiding legal residents? It's to bad this decsion was made after the elections. The CA Supreme Court's salary should be garnished to pay for this ridiculous decision. Is it any wonder tempers flare in this country when injustice like this is being advanced.

[rebeccachristiansen]

Isn't it great that the state of California is using our tax dollars to sue us?

[stargirl]

de-fund california now.

[Mhu Cao]

It's time for the talk to stop. When the government is unresponsive to the needs, rights, benefits, and privileges of its citizens; when it permits criminals to receive a privilege that is denied to other legal citizens; when the government shoves significant taxes and fees onto citizen to satisfy gluttonous unions and crooked Gorean climate pocketliners; when the government operates in insolvency, and forces citizens and local government to pay more and to accept unequal application of, and equal jutice under, the law, then it is time for the government to be seized by the legal people and restarted.

By the very fact that an illegal citizen receives the privilege of attending college, California rewards criminality and punishes the lawful behavior of honest taxpayers who are struggling to get by.

Until now, I respected the California Supreme Court, even if I disagreed with their decisions. Now, we have all three branches of state government gifting illegal immigrants to receive the privilege of a college education at the expense of legal students and other taxpayers.

California will now become a magnet for illegals who will attach their benefit suckers onto the state and local treasuries until they are eligible to start college, or who will obtain bogus credentials to bypass even de minimis requirements. De facto, California has seceded from the Union, which is just what some of the illegals want.

As soon as my family members complete their graduate degrees, we are out of California. I'm moving my business elsewhere. We all had hope for our State and now we know that it no longer is part of America.

[Discusted]

I'll cover all bets that when California runs to the fed. for a bail out you poor suckers across the country will have to pony up.

[Eyeball]

Californian deserves what they get because they stupidly keep electing the progressives. Californians are also taking handout money from the fed treasury to pay for their fiscal irresponsibility. I dont want my tax money to support a stupid state's greedy spending behavior. They take tax money from responsible states that balance their budgets. I hate having states like California underfoot. You couldn't pay me to visit California for a vacation, much less me opening a branch of my business there.

[eMan]

We don't have enough seats in colleges for people who are here legally !!!

What part of "ILLEGAL" doesn't compute ???

[huh?]

Illegals do not qualify for governmental financial aid of any kind, they have to pay out of pocket. how exactly are tax payers subsudizing them?

every time they make a purchase they pay a sales tax, when they purchase gas for their uninsured cars they not only pay a sales tax but also several federal and state fees. utilities for their homes also have a few government fees tacked on. mobile phone contracts also have government fees. you can all stop using the following phrase "these people pay no taxes"

[Dion]

Make us proud!!! Mexifornia!!! Make us proud!!!

[mike m]

If you are a member of the US military stationed in California and try to attend college in your off time you will pay out of state tuition or until you wait one year until you change your residency. Same for US citizens who come from another state. UMMM.....maybe if you renounce your US CITIZENSHIP then go to Mexico and sneak across the border....then you will be an illegal alien and then qualify for the lower rate. It's obvious Californa favors illegal aliens coming to the state rather than US citizens from another US state. Did Justice Ding Ming Ching really think this one out.

[R F]

For those who are making assumptions on why California is bankrupt for this reason are idiots. I think this is fantastic news. I respect illegal immigrants who want an education. Most of you who are commenting don't even live in California. I see a lot of "I'm glad I don't live in Cali and shame on you guys." You don't get to talk. I can accept that there are illegals in my state, I'd rather them have an opportunity to pursue an education at an affordable rate and be able to progress in their lives than to not be able to afford it. They are here to stay, they aren't going anywhere. Sometimes you have to think about why they keep running away from their country. If you don't live in Cali and make up all these assumptions, please just keep it to yourself, you don't know what you are talking about.

[GA]

Really!!! Did you people read this article? Maybe you did but don’t comprehend or I should say understand. Undocumented California high school graduates or as you would like to call them illegals will still get to pay the same tuition as I would pay. I am a California resident, graduated from a California high school, and fourth generation American. They don’t have any access to any state aid, such as the Cal Grant or federal aid, such as grants and student loans, but I do to help with the cost. I am not sure how this would affect you or even my hard earn tax money being that these CA high school graduates are paying the same tuition as I would. The cost would come out of their own pocket and not yours, so no hands out are being given. I guess in the end you would rather have uneducated work force then an educated work forces that could pay back into our economy.