California Court Rules Against Tuition Break For Illegals

Written by  //  09/18/2008  //  College News  //  16 Comments

Finally, a court has injected some sense into the argument about educating illegal aliens.

An appeals court in the state of California ruled earlier this week that a California law intended to permit illegal aliens to attend public colleges and universities at in-state tuition rates is gavelunconstitutional because it conflicts with federal law, and violates both the equal protection clause and privileges and immunity clause of the constitution.

Citing the 1996 Immigration Act which states that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State…for any post-secondary education benefit unless a citizen or national of the United States is eligible for such a benefit…,” the three judge panel unanimously ruled that illegal aliens may not attend California colleges and universities at a subsidized rate, noting that this benefit isn’t extended to legal American citizens living in other states.

“We believe that Monday’s ruling by the California Court of Appeals is unambiguous and precedent setting,” stated Michael Hethmon, general counsel for Immigration Reform Law Institute (IRLI). “In their ruling, the judges indicated that federal law preempts not only California’s in-state tuition law, but all such laws across the country.” Currently, nine other states offer in-state tuition benefits to illegal aliens.”

Besides California, many other states have been taking up the issue of providing educational assistance for illegal aliens in addition to other public welfare programs. Kris Kobach, senior counsel to the ILRI said, “The decision also makes it clear that federal law preempts many benefits that are being dispensed to illegal aliens that are expressly prohibited under the Welfare Reform Act. In the court’s opinion, citizens have the right to go to court and sue to prevent illegal aliens from benefiting from a whole range of government programs.”

The Immigration Reform Law Institute (IRLI) is a public interest law organization working exclusively to protect the legal rights, privileges, and property of U.S. citizens and their communities from injuries and damages caused by unlawful immigration.


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16 Comments on "California Court Rules Against Tuition Break For Illegals"

  1. zeezil 09/18/2008 at 3:37 am ·

    It is violation of law that illegal aliens are allowed into colleges at all. I would argue that it is in violation of the ‘aiding and abetting’ statute in the 1986 IRCA (Immigration Reform and Control Act).

    Even if illegal aliens were to pay out of state tuition, it would not cover the entire cost of their education because of capital costs, often conveniently left out (or purposely lessened) in the total costs calculations. Therefore, taxpayer subsidization of illegal aliens would occur. Also, why would any legislator allow an illegal alien to take a seat in college from a deserving American citizen or legal immigrant?

    Seats in colleges are a limited and highly coveted resource, why the hell would you put an illegal alien into one?

    Also, why should we be in the business of educating and training a group of people who are illegally here and cannot legally be employed?

  2. zeezil 09/18/2008 at 3:37 am ·

    The fact is that things like college admittance and in-state tuition are just stepping stones to more things in the future. Just as giving a “free” primary and secondary education to all illegal alien kids was a stepping stone to them now demanding college admittance and in-state tuition, even at the detriment of Americans and legal residents who will lose their seat in the class in order to placate breakers of our laws.

    The reality is that illegal aliens should receive no benefits, including admittance to college. Zip. Zero. Nothing. Nada

  3. zeezil 09/18/2008 at 3:37 am ·

    The statements you hear from advocates for illegal aliens in favor of them having access to our colleges generally flow around their claim that better educated illegals will be more productive and will assimilate better into our society. This is not only fuzzy thinking, it is faulty logic. It’s very precept is that the illegal gets additional benefits to what they have already enjoyed by illegally remaining and operating here and gives a segment of them what they want – unfettered access to our higher education system (in addition to our primary education system that they have already utilized). This, of course, will be costly to the American taxpayer whether the illegal pays out of state tuition or not. It also deprives a deserving citizen or legal immigrant of the seat that the illegal would occupy. Another marketing campaign is that a child should not be penalized because of the ‘sins’ of their parents. Allowing access to higher education, however, allows the child to benefit from the fact their parents broke the law. Where does the rule of law fit into all of this? Actually, no where. The very act of allowing placement of an illegal alien into our colleges tears at the social fabric of our culture by favoritism to a group people who are out of compliance with our laws. These very same people would then be free to operate lawlessly living and working alongside of citizens and legal immigrants who have been required to abide by our laws. The dichotomy here is not only egregious, it is outrageous. It is anarchy.

    Seats in colleges are a limited and highly coveted resource so why should we put an illegal alien into one?

    Why should we be in the business of further educating and training a group of people who are illegally here and cannot legally be employed?

  4. zeezil 09/18/2008 at 3:38 am ·

    Illegal aliens and their advocates like to state that the college age illegals (young adults) should not be punished because it was their parents who broke the law. But, allowing these illegal alien young adults to attend college and remain in the U.S. rewards them for their parents breaking the law. Another claim you often hear is that prohibiting illegal aliens from attending college is “inhumane”. This argument presumes that obtaining a taxpayer-subsidized college degree is a basic human right. Basic human rights, however, are universal and unchanging and the need or desire for a college degree is neither. This is not to say that obtaining a college education is not important. But is it more important than the rule of law, which illegal immigration undermines, not to mention the will of the people?

  5. zeezil 09/18/2008 at 3:40 am ·

    How would you feel if your son or daughter’s seat in college was taken by an illegal alien?

    How would your son or daughter feel if their seat in college was taken by an illegal alien?

    How do you feel knowing that CA has been allowing illegal aliens to attend college with taxpayer resources used?

    How do you feel giving access to our institutions of higher learning to illegal aliens for further education and training to a group of people who are not even able to work in America legally?

  6. zeezil 09/18/2008 at 3:40 am ·

    The rule of law is one prime determining factor that differentiates first world and third world countries. It mandates that illegal behavior be punished and never rewarded. Granting benefits, such as entry into our colleges to those in our country illegally offends this principle. Worse, it perverts the law by punishing those who have or are in the process of entering legally and discriminates against citizens who would be negatively affected. Even if I agreed (which I don’t) that illegals should be allowed to attend our colleges, who would be willing to state unequivocally that not one single tax dollar would be used and not one single citizen or LEGAL immigrant would be ever denied admittance because of space availability?

  7. Nina 09/18/2008 at 3:18 pm ·


    I just want to say that I agree with every word you have written. I’d also like to compliment you on some of the most eloquent writing I have ever seen on a blog.

  8. JR 09/18/2008 at 10:42 pm ·

    Well alll the people who know latin american politics know and will admitt that most undocumented immigrants are in the United States due to the NAFTA which is mostly supported by the United States government which benefits the United States more than the latin American governments which in turn destroys their economy. After destroying their economy they are forced to migrate to the country that economically destroyed their own. If im not mistaken most U.S. citizens want Undocumented immigrants to assimilate but in turn deny these people the opportunity to obtain a higher education. Is this a country founded by immigrants (pilgrims) looking for opportunities? are we giving opportunities to immigrants? Last thing not all immigrants are Mexicans. and Mexicans are Americans because their nation is located on north america. Look it up in a map ignorant people

  9. KKK 09/18/2008 at 10:49 pm ·

    Most people come to the US work get taxes taken away from their checks. They do not file taxes that in turn do not get a tax return that the government keeps. Now we do not allow their kids to go to college because it will use American tax dollar, This is an ignorant statement because Undocumented are Americans and they contribute to the economy. I

  10. KKK 09/18/2008 at 10:56 pm ·

    I believe Undocumented students should be allowed to attend Universities and colleges because it will make it more competitive to create a new more competitive country. Are we afraid that they are smarter than us. What are we afraid of. we need competent individuals to recreate the nation we once had. Not only they should be able to pay in state tuition but if they pay taxes and their parents pay taxes they should be able to obtain state financial aid. This in turn will create competition to enter a college or university and will benefit the nation and the state. What are we afraid off? will they prove that they are better than us, smarter than us, more intelligent than us?

  11. Franklink 10/31/2008 at 9:05 am ·

    It’s really sad to read people hating on illegal immigrants. And the arguments some people use are really pathetic. “Illegals don’t pay taxes” “Illegals should not be permitted to work in the US because they are here illegal” “They get more benefits than US Citizens”…That’s why America is so hated and portrayed as one of the dumbest nations in the world. You guys need to have a better education and really know the facts. Ignorant people!

  12. Matthew C. Keegan 10/31/2008 at 9:25 am ·

    Franklink — hating illegals never came up in this topic. Please don’t equate following the law with hatred as many of us come to this country the right way: we waited our turn.

    Your other conclusions are far off base too and reeks of ignorance.

  13. Rain 11/10/2008 at 2:32 am ·

    Franklink hating on illegals is a ghetto slang so your East LA accent is shining through. Second, you say “you guys” which means you aren’t an American.If you were you would know the frustration of having to go to the back of the line in your OWN country behind people who aren’t suposed to be her in the first place. For example, I go to register my kid for kindergarten and I’m told there isn’t any space, it is full and i have to drive my kid 30 minutes away to some slum. My taxes are very expensive but my kid can’t go to school near my house. I drive the school in my area and see illegals going to my kids school. Next I take my kid to the emergency room. she has a high feaver. you know what they tell me. come back in 8 hours. there are so many illegals there that are going to the emergency as if it were just a GP that the wait time is over 8 hours. So you can say Americans are hateful but the truth is Americans are not going to pay for your population explosion. Wrap it it jose.

  14. Michele 11/11/2008 at 3:10 pm ·

    I am doing a research paper on the rights of illegal aliens and the rights of students who are citizens of the USA and should they get CA drivers licenses, college student loans, and stand in line ahead of US citizens? what it boils down to is if there not legal, then get legal. Then they too can enjoy and live freely like the rest of us do in the USA.

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