Friday, December 12, 2008
In-state tuition law faces challenge
By Daniel C. Vock, Stateline.org Staff Writer




California lawmakers took a risk seven years ago when they gave college students who are in the country illegally an in-state tuition break. Soon, lawmakers will find out whether their statute — similar to laws in nine other states — holds up in court.

IN-STATE TUITION

Ten states offer in-state tuition for illegal immigrants, according to the American Association of State Colleges and Universities:


California
Illinois
Kansas
Nebraska
New Mexico
New York
Oklahoma
Texas
Utah
Washington


Proponents of the state’s 2001 law want the California Supreme Court to look at the issue, after a lower court said the statute violates a 1996 federal law banning states from giving undocumented college students benefits they don’t offer to all U.S. citizens. The high court is expected to decide whether to take the case in the next few weeks.
“This is exactly the type of case that really ought to be decided by the (state) Supreme Court. It has national implications,â€