Scholarship News

Washington, D.C., United States (AHN) – The U.S. Supreme Court is expected to announce as soon as next week whether it will hear an appeal involving California’s controversial law that grants illegal immigrants in-state tuition at public universities.

The immigrants say they could not afford college if they paid the higher out-of-state tuition rates.

Opponents of the law say taxpayers should not have to subsidize lawbreakers like illegal immigrants.

The controversy extends beyond California to 10 other states that grant reduced tuition to illegal immigrants. Out-of-state tuition can be triple in-state rates.

Courts took up the case of Martinez vs. Regents of the University of California in 2005 when students who paid out-of-state tuition sued the Board of Regents.

They accused the university of violating a 1996 federal law that prohibits public institutions from giving benefits to illegal immigrants.

The University of California’s attorneys argued the state law, AB540, was narrowly written to avoid conflicts with the federal law.

Illegal immigrants can get in-state tuition only if they attend a California high school for three years and graduate.

The same benefit is granted to any graduates of the state’s high schools, thereby eliminating legal U.S. residency as the issue in getting in-state college tuition, attorneys for the University of California argued.

The trial court agreed with the university and dismissed the lawsuit.

However, the California Court of Appeal for the Third District reversed the trial court, saying the state law is preempted by federal law. In other words, illegal immigrants cannot receive in-state tuition.

On appeal in November, the California Supreme Court reversed the Court of Appeal.

Now, it’s the U.S. Supreme Court’s turn to decide the dispute, this time with a likelihood of influencing debate in Congress over how to reform immigration laws.

The Supreme Court justices this week discussed whether to grant the case a hearing or let the California Supreme Court decision stand.

Just before the California Supreme Court accepted the case, Utah Attorney General Mark Shurtleff wrote a letter to the state’s highest court saying the dispute reaches “into the heart of the national debate about illegal immigration.”

Utah, along with New York and Texas, is among the states that allow illegal immigrants to pay in-state tuition.

Other states, such as Arizona, are strongly opposed to granting any benefits to illegal immigrants.

They have been joined by the Pacific Legal Foundation, a public interest law group, which filed an amicus brief that supports cutting off in-state tuition to illegal immigrants.

If the state law granting in-state tuition is upheld, “overburdened state taxpayers, who are suffering under California’s devastated economy, will be forced to continue subsidizing the college education of adult illegal immigrants,” the Pacific Legal Foundation said in a statement.

The foundation says in-state tuition gives the equivalent of a taxpayer-subsidized scholarship worth between $43,884 to $80,872 at a four year college.

However, LatinoJustice, a civil rights organization that filed an amicus brief in the case, said in a statement that the lawsuit against AB540 “threatens to erect an insurmountable barrier for high-achieving high school graduates from pursuing higher education in hopes of bettering themselves and benefiting their communities as a whole.”

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