Jump to content
Sign in to follow this  

Court to rule on tuition break for illegals

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines

The issue of benefits for illegal immigrants landed at the state Supreme Court on Tuesday, as out-of-state students challenged a law allowing anyone who has graduated from a California high school to pay in-state tuition at a public university, regardless of immigration status.

The 2002 law, intended to encourage youngsters to attend college, enables undocumented students to pay the same lower fees as other state residents - at the University of California, $11,300 instead of $34,000 a year.

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.

He said California is flouting a 1998 federal law that prohibits states from providing benefits to illegal immigrants on the basis of their residence, unless a state makes the same benefits available to U.S. citizens who live in other states.

But Justice Kathryn Mickle Werdegar said the California law is not based on residence and instead reduces tuition for all students who went to high school in the state, no matter where they live when they apply to a public college. And Justice Ming Chin cited UC reports that more than 70 percent of the students paying lower fees because of the law are U.S. citizens or legal residents, not illegal immigrants.

That's not enough, Kobach argued, because Congress intended to make all U.S. citizens eligible for at least the same benefits that illegal immigrants receive. Justice Carol Corrigan questioned, however, whether federal lawmakers meant to "usurp how each state should decide to spend its education budget in terms of out-of-state tuition."

The case represents the court's first look at the controversy over immigration laws and California's authority to make its own rules.

Kobach, a law professor at the University of Missouri-Kansas City, was the chief drafter of the Arizona law requiring police to check the legal status of anyone they stop and reasonably suspect of being undocumented. A federal appeals court in San Francisco will hear arguments Nov. 2 in Arizona's appeal of a judge's ruling that found the law conflicted with federal regulation of immigration.

The topic also arose during Saturday's debate between the candidates for governor, in which Democrat Jerry Brown endorsed, and Republican Meg Whitman opposed, a bill that would allow state financial aid for illegal immigrants attending public colleges. Gov. Arnold Schwarzenegger vetoed the measure last week, citing its cost.

Lawyers said nine other states have laws like the 2002 California statute allowing resident illegal immigrants to pay in-state tuition.

The state law "has enabled thousands of talented high school students ... to get an affordable education," Ethan Schulman, lawyer for the UC regents, told the court.

Deputy Attorney General Julie Weng-Gutierrez, representing the state's community colleges, said the Legislature recognized that "extending higher education benefits to undocumented immigrants may be a means to creating self-reliance." She said Congress has left those decisions up to the states as long as they comply with federal restrictions.

But Kobach said the tuition reduction "creates an incentive for continued unlawful presence."

The suit, filed in 2005, seeks to overturn the state law and require illegal immigrants to pay out-of-state tuition. If the court agrees, Kobach said, his clients will also ask a judge to order the state to reimburse the higher fees they paid.

A ruling is due within 90 days.

The case is Martinez vs. Regents, S167791.


Life..... Nobody gets out alive.

Share this post

Link to post
Share on other sites
Filed: Citizen (apr) Country: Brazil

And Justice Ming Chin cited UC reports that more than 70 percent of the students paying lower fees because of the law are U.S. citizens or legal residents, not illegal immigrants.

maybe my math is off, but that still leaves just under 30% :whistle:

* ~ * Charles * ~ *

I carry a gun because a cop is too heavy.



Share this post

Link to post
Share on other sites

There is plenty of money to go around, it's not as if the country is in the worst recession since the great depression.

According to the Internal Revenue Service, the 400 richest American households earned a total of $US138 billion, up from $US105 billion a year earlier. That's an average of $US345 million each, on which they paid a tax rate of just 16.6 per cent.

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...