California Supreme Court: Illegal Immigrants Can Have In-State Tuition Costs

College is an enormous expense for almost any student, and for illegal immigrants, who have no access to federal programs like Pell Grants or subsidized student loans, the costs are even more daunting. But now the California Supreme Court has overturned a lower court ruling that denied illegal immigrants in state tuition costs if the students graduated from local high schools — a price break available to all other students in the system.

Via the Los Angeles Times:

The California Supreme Court decided unanimously Monday that illegal immigrants may continue to be eligible for in-state tuition 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 court’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 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 in California.

Anti-illegal immigration activists had challenged the original law, arguing that if non-California residents have to pay additional higher tuition rates, then so should illegal immigrants attending the universities. However the court argued that since out of state residents who attend and graduate from California high schools are allowed the same in state tuition, the same rule should apply to these immigrants.

“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.

Had the DREAM Act passed in congress, the court battle would likely be unnecessary, as students would be earning their way to full citizenship as they attended school, making the division mute. Sadly, with a newly elected group of politicians who appear more anxious to deport students than educate them, the passage of the act looks less and less likely unless it somehow survives a vote in the Lame Duck Session.

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bob m.

4:38PM PST on Dec 8, 2010

Mexico; your children are in trouble in a foreign land.
Bring them home and show yoursef responsible.
Educate and assist them.

send a green star

3:10PM PST on Dec 8, 2010

Do you not even flinch a little at the words "illegal immigrants have it hard because".......
To even step forward in sympathy is so contemptuous as to be surely a sign that many have lost it.
Undeserving is a word that just begins to touch this "illegal" group.
It is being morphed and twisted continuously into an irrational "issue" which should be settled with a simple no.
But then many don't accept no for an answer.
A world without boundaries; fit to be invaded. Personal boundaries be damned.

Barbara E.

10:48PM PST on Nov 27, 2010

thanx for information

John D.

5:26PM PST on Nov 18, 2010

its very simple do not jump in front of the line play by the rules like everybody else

Tim R.

8:57AM PST on Nov 18, 2010

The statement about the law tested "giving illegal immigrants educational benefits based on residency" in its plainest meaning is completely contradictory to the courts judgment. What more need be said, but that I hope the judgment is appealed and overturned.

Cheyenne Z.

6:46PM PST on Nov 17, 2010

I don't really know how to feel here, honestly. I am the first one to support immigration, but as a high schooler applying to college, it is SO expensive. I first believe that it should be far cheaper, like it is in most of Europe, but I also think that if you aren't a citizen, you should not be entitled to the same price. I do think all immigrants, illegal or not, should be able to attend schools and colleges, but I feel like this is just too unethical. Life isn't fair, and education is important, but this, to me, goes too far.

Terry K.

8:05AM PST on Nov 17, 2010

I'm speechless!

Constance F.

5:45AM PST on Nov 17, 2010

Just on a simple personal note: I think higher education should be more readily accessible to anyone, yes, anyone and everyone who desires a higher education. Critical thinking and political communications in the media classes should be mandatory so people can learn to seperate the propaganda and start questioning everything they read and hear.

Patricia S.

5:30AM PST on Nov 17, 2010

Not only no, but hell, no!!!!

kryzstyna P.

I agree w/Steve R.This is what I wrote my senator.I am writing to you to express the urgent need to NEVER pass the NIGHTMARE Act (Development, Relief, and Education for Alien Minors) through any amendment process.
They were brought to the U.S. years ago as children under false pretenses and used as "chess pieces".Their parents,in search of better opportunities partially for themselves and partially for their children,gave little consideration to the law.Many children suffered in school for they failed to fully embrace the language of their newfound, "country" as they also failed to educate their children culturally or historically as to the happenings of this wondrously supportive,(economically generous) homeland.Notwithstanding,they face many of the same barriers to higher education as our own tax paying citizens.Because they knew they'd be unable to work legally in the U.S.,many had to continue a deceptive game and chose jobs which provided little stability,were illegal,and sometimes of a nefarious sort which brought an influx of crime.Any child who must live in constant fear of detection by immigration authorities-it saddens one. Our immigration laws are not in place to vacillate.No where in the modern world today would this type of,"special circumstances" warrant any amendment alteration.The support of the ends justifying the means.This encourages more illicit immigration acts not to mention hatred,increases in hate crimes,isolation of the illegal,persecution and fear f