California Supreme Court preserves in-state tuition for undocumented students

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Monday, November 15, 2010 at 2:21 pm

Some good news for the estimated 25,000 undocumented students who receive in-state tuition in California: The California Supreme Court ruled unanimously in favor of the state’s law allowing illegal immigrants to receive in-state tuition rates at public universities.

California is one of 10 states that allow undocumented students to receive in-state tuition as long as they meet other requirements. In California, that means attending high school in the state for at least three years. But an anti-illegal immigration group brought a suit against the state on behalf of 42 out-of-state students ineligible for in-state tuition, claiming the law violated a federal ban on educational benefits based on residency for illegal immigrants.

A legal challenge was led by Kris Kobach, secretary of state-elect for Kansas and an immigration hardliner who helped draft Arizona’s SB 1070 immigration law. Kobach attempted a similar legal challenge against in-state tuition for undocumented students in Kansas, but that lawsuit failed in 2009.

This time, Kobach won the lawsuit in the first round, but the state Supreme Court now shut down his effort. In a ruling written by Justice Ming W. Chin, the Court found the law was constitutional because American citizens who attended at least three years of high school in the state are also eligible for in-state tuition.

“That section does not treat citizens worse than unlawful aliens,” Chin wrote. “It grants the same exemption to all who qualify, whether they are nonresident citizens or resident unlawful aliens.”

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59 Comments

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Annie Onomous
Comment posted November 15, 2010 @ 8:00 pm

Let me get this straight. University of KS says military families can’t get in-state tuition if my husband is stationed in MO (45 min away), but a foreigner can? How screwed up is that?


China Doll
Comment posted November 15, 2010 @ 8:03 pm

To quote someone, “Calling these people Undocumented Students is like calling drug dealers Undocumented Pharmacists.” They are here Illegally and should not continue to benefit from being here.


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Comment posted November 15, 2010 @ 10:26 pm

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Es3452003
Comment posted November 16, 2010 @ 3:09 am

It seems the leaders of this county (America) are working for the ILLEGAL MEXICANS.. and doing every thing with in there power to keep these ILLEGALS here.. Being Illegal in america has become not a crime, but a right to be here.. American citizens are being shit on again.


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Veritas
Comment posted November 16, 2010 @ 4:07 am

With policies such as this, is it any wonder that the state of California and many of it’s cities are going broke. As a reformed native of this once fine state, it is sad to see the state falling apart at the seams. The residents of California are going to get what they voted for and I suspect that it will not be pretty. I just hope they do not expect the rest of the country to bail them out.


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Comment posted November 16, 2010 @ 8:37 am

Why are the ONLY Cuts Not being made the ones that effect the Illegals?


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mary
Comment posted November 16, 2010 @ 6:32 pm

Unbelievable–illegals getting the same benefits of legals…no wonder our educational system is in the mess that it is and no wonder California is having the fiscal problems it is having.


mary
Comment posted November 16, 2010 @ 6:32 pm

Unbelievable–illegals getting the same benefits of legals…no wonder our educational system is in the mess that it is and no wonder California is having the fiscal problems it is having.


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Comment posted November 19, 2010 @ 8:00 pm

Hi Annie, in response to your comment, do you know that not only MEXICANS are illegal? Do you have any idea of how many illegal Asians are in California? I am a legal Mexican and I am against the SB540 bill, my reason is not RACIST like yours, my reason is fairness; I lived and pay taxes in California for 20 years, I moved out of California because of better job in Utah, I have two kids which attended California schools from Pre-K to 9th grade and that now are in UC Berkeley and UC Davis. And, because of 3 years out of California we are now paying out of state tuition that is not fair.


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