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In-state tuition for illegal immigrants is preserved with California Supreme Court ruling
latimes ^ | 11/15/10

Posted on 11/15/2010 11:08:41 AM PST by bestintxas

The California Supreme Court decided unanimously Monday that illegal immigrants may continue to be eligible for in-state tuition rates at the state's colleges and universities rather than pay the higher rates charged to those who live out of state.

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.]

(Excerpt) Read more at latimesblogs.latimes.com ...


TOPICS: News/Current Events
KEYWORDS: aliens; ca; college; duplicate; ilegals; illegals; kalifornia; tuition
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I am writing my congressman to demand not one cent of my money goes to California to pay for education or pensions.

This is disgusting to the core, as they elevate those here illegally above American citizens.

1 posted on 11/15/2010 11:08:49 AM PST by bestintxas
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To: bestintxas

So the mental gymnastics are you can live here and attend high school for three full years without being counted as a resident???


2 posted on 11/15/2010 11:12:31 AM PST by null and void (We are now in day 664 of our national holiday from reality. - 0bama really isn't one of US.)
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To: bestintxas

How is this Supreme Court Justice in California considered ‘conservative’?


3 posted on 11/15/2010 11:14:49 AM PST by Beowulf9
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To: bestintxas

“[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. “

So how exactly can one reside in say, Iowa, and attend a Cali High School??? Of course one cannot.

This was a ruling based on sophistry.


4 posted on 11/15/2010 11:26:53 AM PST by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: bestintxas

But you can’t have a US flag on your bike in school...


5 posted on 11/15/2010 11:28:51 AM PST by celmak
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To: null and void
So the mental gymnastics are you can live here and attend high school for three full years without being counted as a resident???

That does boggle the mind, doesn't it?

6 posted on 11/15/2010 11:29:03 AM PST by Ready4Freddy (Am working on plans for a Knights Templar Community Center next to the Kaaba in Mecca.)
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To: Beowulf9

He stinks. I am glad I voted against him in the retention election.

Maybe we need to do the Iowa thing and replace the justices up for vote in 2012 or 2014 who voted for us having to pay for in-state tuition for illegal immigrants.

But the problem is Jerry Brown will appoint the new justices. :P so we’re blanked if we do blanked if we don’t.


7 posted on 11/15/2010 11:31:39 AM PST by Munson
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To: Ready4Freddy

No man’s life, liberty or property are safe as long as court is in session.


8 posted on 11/15/2010 11:33:30 AM PST by null and void (We are now in day 664 of our national holiday from reality. - 0bama really isn't one of US.)
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To: Beowulf9

I know one of these judges and he considers himself pretty conswervative!! OMG!!


9 posted on 11/15/2010 11:34:23 AM PST by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: bestintxas
It seems to me (at a quick glance, admittedly) that the beef here would be with the California legislature, not the California Supreme Court, which is just following California law.

After all, we don't want the Court legislating from the bench, right?

10 posted on 11/15/2010 11:34:28 AM PST by rmh47 (Go Kats! - Got Seven? [NRA Life Member])
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To: Beowulf9
How is this Supreme Court Justice in California considered ‘conservative’?

In California, "conservative" is a transsexual who wears his skirt hem below the knee, or someone who believes the top tax rate should never exceed 100%.

Give it to Mexico and be done with it.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

11 posted on 11/15/2010 11:34:44 AM PST by The Comedian (I enjoy progressives, especially in a light cream sauce.)
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To: bestintxas

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=438&page=265

“Never mind!” CA Supremes


12 posted on 11/15/2010 11:37:30 AM PST by tumblindice (California law: `We leave no turn unstoned')
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To: bestintxas

Yet more nonsensical left-wing MADNESS from the land of fruits and nuts.


13 posted on 11/15/2010 11:40:38 AM PST by DocH (Official Right-Wing Extremist Veteran Seal Of Approval)
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To: bestintxas
. . . 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.

And if the student attends for less than three years or goes three years and doesn't graduate, is he deported? (crickets)

Judicial sophistry.

14 posted on 11/15/2010 11:41:38 AM PST by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: WOSG

“So how exactly can one reside in say, Iowa, and attend a Cali High School??? Of course one cannot.”

If you live in Tijuana and your kids are bi-national (born in a San Diego hospital free of charge) your kids can attend school in San Diego. Every day thousands of kids come across the border in the morning with their bookbags etc. In the afternoon the same kids go home to Mexico. This has been going on for decades and the local school administrators do not care.


15 posted on 11/15/2010 12:01:39 PM PST by forgotten man (forgotten man)
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To: forgotten man

“This has been going on for decades and the local school administrators do not care.”

But I do if any of my federal taxes go to the public school system in San Diego. That means I am subsidizing this.


16 posted on 11/15/2010 12:04:29 PM PST by bestintxas (Somewhere in Kenya, a Village is missing its Idiot.)
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To: bestintxas

Actually the local school administrators are happy to have kids from Mexico in their schools because it allows them to take more of YOUR money that YOU pay in federal taxes.


17 posted on 11/15/2010 12:08:36 PM PST by forgotten man (forgotten man)
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To: The Comedian

“In California, “conservative” is a transsexual who wears his skirt hem below the knee, or someone who believes the top tax rate should never exceed 100%.”

Pelosi is a transsexual?


18 posted on 11/15/2010 12:09:55 PM PST by Beowulf9
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To: bestintxas

“I am writing my congressman to demand not one cent of my money goes to California to pay for education or pensions.”

Best In Texas,

Instead of writing to your Congressman regarding a California law that grants in-state tuition for illegal aliens, you may want to start a bit closer to home by writing a letter to your member of the Texas Legislature regarding the Texas law that grants in-state tuition to illegal aliens.

“Texas awarded about $33.6 million in state and institutional financial aid to those students (Illegal Aliens) between fall 2004 and summer 2008.”

“In 2001, Texas became the first state in the country to pass an in-state tuition law. The law created a national movement. Many private universities also now award aid to illegal immigrant students.”

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/0315dnmetimmigcount.3d35b14.html


19 posted on 11/15/2010 12:10:19 PM PST by trumandogz
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To: DocH

“Yet more nonsensical left-wing MADNESS from the land of fruits and nuts.”

California simply copied a law that was passed in Texas in 2001.


20 posted on 11/15/2010 12:13:36 PM PST by trumandogz
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