Thread: CA: Undocumented students' college aid in jeopardy

Undocumented students' college aid in jeopardy
Tanya Schevitz, Chronicle Staff Writer
Tuesday, September 16, 2008

--------------------------------------------------------------------------------

A state appellate court has put a financial cloud over the future of tens of thousands of undocumented California college students, saying a state law that grants them the same heavily subsidized tuition rate that is given to resident students is in conflict with federal law.

In a ruling reached Monday, the state Court of Appeal reversed a lower court's decision that there were no substantial legal issues and sent the case back to the Yolo County Superior Court for trial.

"It has a huge impact," said Kris Kobach, an attorney for the plaintiffs and a law professor at the University Missouri at Kansas City. "This is going to bring a halt to the law that has been giving in-state tuition to illegal immigrants."

He said it is a big win for California taxpayers who have been subsidizing education for undocumented immigrants.

The suit was filed in 2005 by out-of-state students attending California colleges. They challenged the state's practice of allowing illegal immigrants to pay significantly lower tuition than they pay at the University of California, the California State University and the California Community Colleges.

UC charges out-of-state students nearly $18,000 a year more than it charges resident and undocumented students who graduated from California high schools. At CSU, out-of-state students pay about $8,000 more. And at the state's 110 community colleges, they pay an average of about $160 a unit instead of $20 per unit - or $1,920 for a full load instead of $240.

The suit was dismissed by the Yolo County Superior Court in 2006, setting up the appeal.

On Monday, three justices of the Third District Court of Appeal in Sacramento said that a 2001 state law, AB540, conflicts with federal law. The state law provides the benefit of in-state tuition to undocumented students while the federal law says an illegal immigrant cannot receive that benefit unless the same benefit is extended to all U.S. citizens without regard to California residency.

The three California college systems specifically limit the benefits to students who attended a California high school for at least three years and graduated from a state high school.

In the ruling, the appellate justices said: "The state statute allows the benefit to U.S. citizens from other states only if they attend a California high school for three years. Thus, the state statute does not afford the same benefit to U.S. citizens 'without regard to' California residence," as required by the federal law.

Representatives from the state's three public college systems say they are still reviewing the ruling. UC attorney Chris Patti said the appellate court did arm the plaintiffs with an argument to say that the case should go in their favor because the AB540 conflicts with federal law.

However, he said, UC and the other schools argue that despite the appellate court's opinion, the benefit is not based on residency.

"The central issue in the case is whether or not the criteria for in-state fees is based on residency or not, and the Legislature carefully constructed the statute so that it was not based on residency," Patti said. "It is based on whether you went to a California high school and graduated from a California high school, and those criteria are not based on residency."

If the law is struck down, it has the potential to financially devastate undocumented students, who are not eligible for state or federal aid. For many, it may mean the difference between attending school and dropping out, Patti said.

"What we are concerned about are the students who are caught in the middle of this legal dispute," said CSU spokeswoman Claudia Keith.

The CSU system does not track the number of illegal immigrant students. There are an estimated 15,000 to 20,000 students at the state's community colleges who receive the benefit. UC has about 1,600 students using the benefit.

The ruling was disturbing news to those undocumented students who need the subsidy to stay in school.

"It's very shocking. It worries me," said Gesel, 25, a community college student who already works to afford to go to school part-time at West Valley College in Saratoga. "It would affect how many courses I take. I'm saving money now to go to a four-year school, but if I had to pay as an (out-of-state) student, I couldn't do it."

Gesel, who declined to give her last name because of her immigration status, has lived in California since she was 9 but is an undocumented immigrant from Mexico with no path to legal status under current immigration laws.

"We were raised in this country. Most of our life is here," she said.
http://www.sfgate.com/cgi-bin/article.c ... 12UI6C.DTL

ICE, THERE ARE AT LEAST 15k ILLEGAL IN THIS ONE LOCATION! AND AMERICA IS NOT UNDER ATTACK BY FOREIGN ILLEGAL CRIMINAL IMMIGRANTS?

The CSU system does not track the number of illegal immigrant students. There are an estimated 15,000 to 20,000 students at the state's community colleges who receive the benefit. UC has about 1,600 students using the benefit.

15,000-20,000 illegal invaders attending our state colleges, being subsidized by American citizens, who's own children may not be able to qualify for same in-state tuition benefit!

Outrageous!

If the law is struck down, it has the potential to financially devastate undocumented students, who are not eligible for state or federal aid. For many, it may mean the difference between attending school and dropping out, Patti said.

WHO CARES?! AMERICANS ARE SICK AND TIRED OF PAYING ILLEGAL ALIENS BENEFITS THAT ONLY CITIZENS SHOULD RECEIVE.

On Monday, three justices of the Third District Court of Appeal in Sacramento said that a 2001 state law, AB540, conflicts with federal law. The state law provides the benefit of in-state tuition to undocumented students while the federal law says an illegal immigrant cannot receive that benefit unless the same benefit is extended to all U.S. citizens without regard to California residency.

This is great news! Illegals getting a financial break over U.S. citizens should never have happened. The important fact here is that any state law that conflicts with federal law should be challenged. Go after sanctuary cities next!

Originally Posted by butterbean

If the law is struck down, it has the potential to financially devastate undocumented students, who are not eligible for state or federal aid. For many, it may mean the difference between attending school and dropping out, Patti said.

WHO CARES?! AMERICANS ARE SICK AND TIRED OF PAYING ILLEGAL ALIENS BENEFITS THAT ONLY CITIZENS SHOULD RECEIVE.

Right on. We are sick and tired of paying benefits for illegals who have no respect for this country. What really bugs me is that illegals sob because they and their kids won't get benefits and be able to attend school. Maybe if they immigrated legally and played by the rules they could have earned the right and benefits for educational purposes. I wonder if these "poor illegals" ever think about the legal immigrants and citizens of this country who struggle for better lives and the educations they are entitled to. Illegals and their supporters will never see the injustices they have committed to America. If they can't attend school because of undocumented status that is their problem and not ours.

CA Court Strikes Down In-State Tuition for Illegals
September 16th, 2008 by admin | Print
Last Reporter

A three judge panel of the California Court of Appeals unanimously ruled that a California law intended to permit illegal aliens to attend public colleges and universities at in-state tuition rates is unconstitutional. PDF of the full court ruling.

The panel ruled that the law conflicts with federal law, and violates both the equal protection clause and privileges and immunity clause of the constitution. Ruling in the case of Martinez et al. v. Regents of the University of California, brought by the Immigration Reform Law Institute (IRLI) on behalf of some 80,000 nonresident American students who were denied in-state tuition benefits, the Appeals Court agreed that California policy violates expressed provisions of both the Immigration Act and the Welfare Reform Act of 1996.

The 1996 Immigration Act states that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State…for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit…â€

The above article was posted:
http://www.alipac.us/ftopict-131884.html

Wonderful news!

[quote]Monday’s ruling will also affect many other state and local benefits currently being offered to illegal aliens. “The decision also makes it clear that federal law preempts many benefits that are being dispensed to illegal aliens that are expressly prohibited under the Welfare Reform Act,â€