Legal Battle in California Over In-State Tuition for Undocumented Students

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Wednesday, October 06, 2010 at 9:12 am

California illegal immigrants could face a tuition hike at public universities if the state Supreme Court rules in favor of 42 out-of-state students who claim it is discriminatory and illegal to allow undocumented students to pay in-state tuition. The court began hearing the case Tuesday and is expected to rule within 90 days.

Granting in-state tuition to illegal immigrants is in violation of a section of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which Democrats hope to repeal as part of the DREAM Act. The act would give states authority to determine whether to allow illegal immigrants to receive in-state tuition, which many have bucked federal law to do anyway. Along with California, Illinois, Kansas, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah and Washington allow illegal immigrants to receive in-state tuition if they attended high school in the state for at least three years.

The San Francisco Chronicle has a good rundown of the case:

A lawyer for 42 non-Californians who pay the higher fees at UC, state university and community college campuses argued that the statute is discriminatory and violates federal immigration law.

“One of the privileges of U.S. citizenship is not being treated worse than an illegal alien,” attorney Kris Kobach told the court at a hearing in Fresno.

Kobach, it should be noted, is also the mastermind of Arizona’s SB 1070 immigration law requiring police to check immigration status of those they “reasonably suspect” to be in the country illegally.

Others argue California law primarily impacts legal residents and is about reducing tuition for all students who went to high school in the state:

The state law “has enabled thousands of talented high school students … to get an affordable education,” said Ethan Schulman, lawyer for the UC regents.

California immigrant rights activists have pushed to take aid even further with the California Dream Act, which would allow undocumented students who qualify for in-state tuition to apply for financial aid. Republican Gov. Arnold Schwarzenegger has repeatedly vetoed the bill.

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44 Comments

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HernandezUSA
Comment posted October 6, 2010 @ 3:27 pm

The true “DREAM ACT” would be the voluntary return of the millions of illegals to their home countries, where they can demand better education and job opportunities from THEIR actual leaders and make their Countries a place they want to live.


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rrjennings
Comment posted October 6, 2010 @ 8:39 pm

My dream is 20 million African Americans swimming back to Africa with a wetback under each arm.


June
Comment posted October 6, 2010 @ 9:46 pm

Tuition for illegals? Insane! How about prison or deportation?


Bettybb
Comment posted October 7, 2010 @ 1:29 am

Brown is in favor of giving illegal aliens financial aid. There is presently not enough money for Amercan kids, so it would mean that illegal aliens are taking money out the pockets of low income Americans! Unbelievable.


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Comment posted October 7, 2010 @ 7:24 pm

Read this carefully before posting and revealing your ignorance about the issue: undocumented students have never been eligible to receive financial aid. The few that can afford college pay full fees and tuition. The article above discusses about people wanting to charge undocumented students triple for their tuition fees. It never talks about financial aid


Cal State Teacher
Comment posted October 7, 2010 @ 7:26 pm

It is truly disappointing that all of the comments posted below contain so many racists remarks. It's insulting to all American people that racism and intolerance still prevails, specially in these young minds.


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lauren
Comment posted October 7, 2010 @ 11:47 pm

I am honestly SO tired and angry at hearing such rude, ignorant comments toward illegal immigrants. Where in your right mind do you think it's ok to dream that “20 million African Americans swim back to Africa with a wetback under each arm”??? It sickens me to be part of such an ignorant country. Honestly, AMERICA IS RUINED. We need to stop pretending we are the best country and we help other countries because we don't. If we were we wouldn't be shot to hell right now. Maybe you don't realize this, but by giving residency to these immigrants we'd be making money. Money that we obviously DON'T have and are in desperate need of. Maybe we don't have to give them financial aid, but they help more than many lazy Americans who sit on their rears all day long. RRjennings, why don't YOU try doing all the dirty work these immigrants do for you? Why don't you realize that we are in the 21st century and your racism is NOT necessary. Maybe you should swim to a different country and see what its like not to be wanted.


lauren
Comment posted October 7, 2010 @ 11:49 pm

MY dream is that you swim somewhere and stay there.


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Scott
Comment posted October 8, 2010 @ 4:57 am

lauren you're a classic liberal. Helping other countries? We do THAT EVERY FRIGGIN YEAR. Our country helps more countries more than any other. time and time again. They still slap that hands that feeds them and dont apprecaite shit. I dont think we should help other countries at all. Keep jobs in america, make things in america. Stop depending on other countries for our resources (we dont need the middle east for oil ) we have PLENTY here in the US but the libs wont let us drill. We could make nuke power plants, but you libs wont allow it. Get your head out of your ass and wake up. Can't wait for November


Scott
Comment posted October 8, 2010 @ 4:58 am

We dont owe illegals SH*T they need to get the hell out of our country and our government needs to crack down on this.


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Comment posted October 12, 2010 @ 9:48 pm

@ Lauren

“We need to stop pretending we are the best country and we help other countries because we don't”

You are a stupid bi*tch that needs to be removed from this country.

It is your liberal mental disease that is contaminating our society.

America is the greatest nation that has ever existed. Your thought process is truly retarded.


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Comment posted October 13, 2010 @ 4:17 am

Lauren-I see that you are very passionate about this, and yes, I do agree with you that some of the comments made are very disturbing. I do have a problem with you thinking that this country is “ruined” and never helps anyone. I'm not sure where you work, but I work at a government agency and see every day how much we help people (of all nationalities). Maybe YOU are the one being ignorant?? Just because a few jerks make some racist comments you want to judge Americans, who's being racist here, really.


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MD in CMH
Comment posted October 27, 2010 @ 2:26 pm

I am a liberal, but I agree with the students that brought this case against the state. It is a crime that an undocumented worker gets in state tuition. I would have LOVED to have paid in state tuition at the school I went to, but it took three years to establish official in state residence. Now, I have so much debt, I'll be on social security and still paying the damn loans!


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