Thread: State Supreme Court Takes Case On Illegal Immigrant Tuition

The Daily Californian Online
State Supreme Court Takes Case On Illegal Immigrant Tuition Law
By Valerie Woolard
Contributing Writer
Friday, January 23, 2009
Category: News > University > Higher Education


The California Supreme Court has accepted a case that could drastically impact the amount undocumented immigrant students pay to attend state colleges.

The case challenges a law known as AB 540, which allows students who have attended a California high school for at least three years and graduated-amongst other criteria-to qualify for in-state tuition.

A state appellate court ruled the law to be in violation of federal law last September. The state Supreme Court agreed to hear the case late last month.

The case will likely be argued in the fall of this year, said Michael Brady, an attorney for the plaintiffs.

Currently, out-of-state students pay about $18,000 more a year than in-state students.

Ethan Schulman, an attorney for the UC Regents in the case, said that of the 1,500 UC students who qualified for in-state tuition under AB 540 in 2005-06, there were 390 who were undocumented immigrants.

Brady contests that AB 540 violates a 1998 federal law prohibiting illegal immigrants from receiving in-state tuition benefits on the basis of residence without extending the same benefits to U.S. citizens.

"If any illegal alien is given this benefit, then all American citizens should get this benefit," he said. "The students have a claim getting back tuition that they saw was wrongfully taken."

The plaintiffs in the case are 42 out-of-state students and their parents, who claim the exemption unfairly discriminates against them.

Proponents said that many undocumented immigrants benefitting from the law would be unable to afford college otherwise.

"In general, undocumented immigrants are ineligible for federal aid," Schulman said. "In these poor families, this is really their only chance."

Schulman also noted that the law benefits other students besides undocumented immigrants, including students who attend boarding school in California and students who attend California high schools and later move out of state.

CalSERVE Senator Oscar Mairena said the case concerned him, and that overturning the law would create insurmountable problems for undocumented students hoping to attend college.

"I think that (overturning it) would be horrible for those students who already have so many obstacles in coming into higher education," Mairena said.

Onson Luong, an out-of-state UC Davis graduate and one of the plaintiffs in the case, said that while he understood the challenges facing undocumented students, he still felt that he is unfairly treated under the law.

"I worked two jobs in college, ate Top Ramen way more than I should have," Luong said. "It's really hard for me to be politically correct about this, but it's just not fair."



Tags: Immigrants, tuition


Article Link: http://www.dailycal.org/article/103994

Onson Luong, an out-of-state UC Davis graduate and one of the plaintiffs in the case, said that while he understood the challenges facing undocumented students, he still felt that he is unfairly treated under the law.

"I worked two jobs in college, ate Top Ramen way more than I should have," Luong said. "It's really hard for me to be politically correct about this, but it's just not fair."

He's absolutely right, do any of these bleeding hearts care?

This "DREAM act" isn't about letting illegal aliens into colleges, it's about letting them attend while paying the least amount possible. How is that fair to LEGAL students? If illegal aliens want to go so bad, they can pay the price!

Proponents said that many undocumented immigrants benefitting from the law would be unable to afford college otherwise.

"In general, undocumented immigrants are ineligible for federal aid," Schulman said. "In these poor families, this is really their only chance."


Tough. Do these people not understand that these are ILLEGAL ALIENS? They do not belong here.....period. We are under NO legal obligation whatsoever to make it easy for them to attend college or anything else in this country.

As for their having no other choice.......the HELL they don't. They can take their asses right back across the border from whence they came and attend school within their own home countries where they are needed most to improve those countries in the future.

I don't have any pitty for the Dreamies. I worked full time and went to school and I paid my own way.

Even less compassion knowing that a college education in thier home countries are free or cost less than a semester of books.

They should be paying the international tuition rate, just like the people holding student visas.

Dixie

These students are not even suppose to be here let alone get in-state tuition.

Many American students are struggling to pay for their college also. Hear many now, instead of going to a university, begin at the community college which is much more affordable.

Knew this case was coming. Don't have much faith in the judicial system anymore but we can hope good old common sense will prevail.

The emotional arguments by the proponents carry no weight legally. The bottom line is ....the admission of these foreign national students without a student visa is in violation of immigration laws....and worse, admitting them and providing them with in-state tuition benefits ...is a de facto waiver of federal immigration laws and violation of federal law regarding educational benefits. It is fundamentally unfair to allow illegal aliens to bypass all the legal and administrative requirements set forth by law and the universities for the admission of foreign students. To place illegal alien students in a better position than those foreign nationals who compy with the law and worse yet, in a better position than U.S. citizens students from other states is just plain wrong.

Again,....all of these illegal alien students have every right and opportunity to pursue their college education back in their home countries at very low cost. Mexican public universities are free for Mex. nationals...and in most of Latin America tuition and fees at public, national institutions costs less than what year's worth of textbooks do in the U.S. These kids are snubbing their noses at the opportunities they do have in their home nations and instead feel entitled to demand that an entire state and nation change its laws to give them special privileges based on their illegal alien status.

Originally Posted by legalatina

The emotional arguments by the proponents carry no weight legally. The bottom line is ....the admission of these foreign national students without a student visa is in violation of immigration laws....and worse, admitting them and providing them with in-state tuition benefits ...is a de facto waiver of federal immigration laws and violation of federal law regarding educational benefits. It is fundamentally unfair to allow illegal aliens to bypass all the legal and administrative requirements set forth by law and the universities for the admission of foreign students. To place illegal alien students in a better position than those foreign nationals who compy with the law and worse yet, in a better position than U.S. citizens students from other states is just plain wrong.

Again,....all of these illegal alien students have every right and opportunity to pursue their college education back in their home countries at very low cost. Mexican public universities are free for Mex. nationals...and in most of Latin America tuition and fees at public, national institutions costs less than what year's worth of textbooks do in the U.S. These kids are snubbing their noses at the opportunities they do have in their home nations and instead feel entitled to demand that an entire state and nation change its laws to give them special privileges based on their illegal alien status.

That was extremely well stated LL.!!!

Would you consider sending this off in LTE form to newspapers in, particularly CA......where I'm sure the Supreme Court judges DO read the newspapers ....... but possibly also other states where this issue is currently at the forefront such as NJ? For that matter, you may even consider sending it to the the NJ Governor since he will be weighing his immigration panel's suggestions.....one of which is to provide in-state tuition to IA students.

From your particular point of view such a well written, thought provoking item will give some pause for thought.