In a ruling written by Justice Ming W. Chin, one of the panel's more
conservative members, the state high court said a California law that guarantees
the lower tuition for students who attend California high schools for at least
three years and graduate does not conflict with a federal prohibition on giving
illegal immigrants educational benefits based on residency.
California is one of several states that permit illegal immigrants to take
advantage of lower college tuition for students who attend high school and
graduate in state. About 25,000 illegal immigrants are estimated to receive
in-state tuition rates in California.
A group fighting illegal immigration challenged the California law on behalf
of U.S. citizens who pay the higher tuition as out-of-state students. The group
won in lower court, and the state appealed.
The lawsuit contended the California law usurped a federal
prohibition on giving educational benefits based on residency to illegal
immigrants but not all U.S. citizens.
College students who are in the country illegally are barred from government
financial-aid programs. The U.S. Supreme Court is expected eventually to decide
whether the lower tuition rates also violate federal law.
[Updated at 10:29: The court observed that the state law
also benefits U.S. citizens who reside in other states but attend and graduate
from high school in California.
"It cannot be the case that states may never give a benefit to unlawful
aliens without giving the same benefit to all American citizens," Chin
wrote.]