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Calif. Illegals Have Right to In-State Tuition: Court

Undocumented who went to state high schools qualify for lower rates

By Rob Quinn, Newser Staff

Posted Nov 16, 2010 4:24 AM CST | Updated Nov 16, 2010 6:30 AM CST

(Newser) – California's Supreme Court has upheld a law allowing illegal immigrants to pay the same lower tuition fees as legal residents. The court decided that the law—which extends in-state tuition rates to anybody who studied at a California high school for 3 years before entering a university—is not based on residency and therefore does not conflict with a federal law banning illegal immigrants from receiving residency-based college benefits, the Los Angeles Times reports.

Roughly 400 University of California students are undocumented. "Through their hard work and perseverance, these students have earned the opportunity to attend UC," said the system's president. "Their accomplishments should not be disregarded nor their futures jeopardized." The unanimous California ruling is likely to affect similar cases nationwide. Lawyers who brought the case on behalf of out-of-state students paying the higher tuition rate—which can amount to as much as $11,000 extra a year—plan to appeal to the US Supreme Court.

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Students and others against hikes in student fees or tuition stage a protest at California State University headquarters. (AP Photo/Reed Saxon)

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It cannot be the case that states may never give a benefit to unlawful aliens without giving the same benefit to all American citizens. - Justice Ming W. Chin

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Showing 3 of 33 comments

zaglossus

Nov 17, 2010 12:13 PM CST

Polls show that this ruling and bills like the DREAM Act which treat illegal aliens essentially the same as American citizens (and in the case of out-of-state American citizen - college students more so) are deeply unpopular with the voters.

Archer

Nov 16, 2010 12:43 PM CST

NO! They are here ILLEGALLY! Why is this even being debated! ILLEGAL-- that means they are violating the law by just BEING here! The only break they should get is a break on the cost of a return trip HOME...back to where they came from!

Mr_Joshua

Nov 16, 2010 12:43 PM CST

This is just an literal interpretation of the law folks. The Supreme court had no option but to vote the way they did, so all you people who are blaming the left, stop wasting your time. Blame the lawmakers if you don't like it. They made the laws, the judges only judge interpret and enforce them. If the laws had been different, they probably would have voted differently. Sop whining and change the laws if you don't like them. Call your senator. And you can call me......Mr Joshua

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Calif. Illegals Have Right to In-State Tuition: Court

Undocumented who went to state high schools qualify for lower rates

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OTHER STORIES ON OUR RADAR

California • illegal immigration • college tuition • California Supreme Court • illegal immigrants

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