Supreme Court Rejects Challenge to California Immigrant Tuition Law

June 6, 2011, 1:18 pm

The U.S. Supreme Court today declined to hear a challenge to a California law that allows some illegal immigrants to pay lower, in-state tuition at public colleges. A group representing non-Californians who paid nonresident tuition at California colleges had argued that the state law conflicted with federal immigration law. But the California Supreme Court unanimously rejected that argument in November, and on Monday the U.S. Supreme Court refused to hear an appeal of the case, Martinez v. Regents of the University of California. The action, which the Supreme Court announced without comment, leaves intact similar laws in 12 states, including Illinois, New York, and Texas.

Correction (6/6, 5:05 p.m.): This post originally misidentified which states had enacted laws similar to California’s. Similar laws exist in 12 states, not nine, and among them is Illinois, not Florida. The post has been updated to reflect those corrections.

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http://twitter.com/FiD10 Qian Deng

What’s the point for this law? It’s ridiculous. It’s unfair for legal immigrant, especially when the legal ones need to share their tax contribution with the illegal ones.
11122741

I do not believe this law or any other one affect legal immigrants (such as my wife) who in general are treated the same as US citizens in my experience. The problem is not legal immigrants few have any problem with legal immigrants and particularly if they can speak English and have skills needed in the work force. i live in a neighborhood full of them and they are great. i teach at a place that is not full of them and not so good.
jesor

The point is that people who have grown up in the state, paid taxes in the state, and graduated from High School in the state should be able to pay tuition in the state as if they are residents. Remember that as far as state revenues go, even if you’re not legally in the US, you still pay taxes, particularly sales tax (unless you’re in one of 5 states) and property taxes (because even renters indirectly pay property taxes), and often income tax is withheld even if you’re faking an ID since the employer still sends the money to the state. Additonally, most of these laws require high school graduation and at least 3 years residency in the state for the student to receive the in-state tuition discount. Additionally for all the noise that’s been made about this, very few folks with unauthorized presence (which is the actual term in the CFRs), actually are able to take advantage since there is no federally based financial aid available for them.
609zr

If an employer hires an illegal immigrant, it is a crime. Why is the law different for universities and students?
akprof

Further, most of the people affected did not become “illegal” by their actions – but rather by the actions of their parents, usually when they were very, very young. Not fair to punish them for the “sins of their fathers”!!
ichrysso

What’s truly amazing is that you look at the states who are subsidizing the illegal aliens (please do not confuse the issue with the term “immigrant” which is misleading), these are the ones which are most bankrupt – California, Illinois, blah, blah…
I am not sure how the federal government or the states continue to fool the American people in thinking that allowing illegal aliens to come here, compete for their jobs and use subsidies which should be used for nationals and legal immigrants is good for them.
_perplexed_

Both Jesor (“The point is that people who have grown up in the state, paid taxes in the state, and graduated from High School in the state should be able to pay tuition in the state as if they are residents”) and Ichrysso (“What’s truly amazing is that you look at the states who are subsidizing the illegal aliens…, these are the ones which are most bankrupt – California, Illinois…”) have a point. The resolution of this conflict is nearly upon us: The end of state support for higher education. For better or worse, citizens no longer want to pay for anyone’s college degree.
Dakotahgeo

This is such old business. Now that the courts have ruled…move on! Boring!
raza_khan

Some laws should be considered a joke! Plain and simple… this is surely one of them!

There is absolutely no reason as to why illegal aliens should be afforded any tuition via taxpayer dollars. Why is this so difficult issue to understand?

Raza
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Raza Khan, Ph.D.
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