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Tuesday, November 16, 2010

More Mexifornia-In-state tuition for illegal aliens is preserved with California Supreme Court ruling

The backward logic of legal interpretation is exemplified here. The foundation of the suit against illegal aliens, as illegal, is completely ignored. If you are a citizen from another state and go to a Calif. High School, residency must first be established. The school administration will hunt you down as a criminal if you live in the wrong district, let alone legally reside in another state. This is just to make certain the American student is in the proper school in the district.
Illegal aliens get a pass, just as with the tuition.
The decision was written long ago by Lewis Carroll.

In-state tuition for illegal immigrants is preserved with California Supreme Court ruling [Updated] | L.A. NOW | Los Angeles Times
November 15, 2010 | 10:16 am

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.]

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