As expected: California court upholds illegal alien student tuition discounts
Two years ago, immigration enforcement activists scored a victory in a lower California court challenge to the state’s illegal aien student tuition-discount scheme. The lower court ruled that California’s version of the DREAM Act conflicted with federal immigration law. Flashback:
A state appellate court has put a financial cloud over the future of tens of thousands of undocumented California college students, saying a state law that grants them the same heavily subsidized tuition rate that is given to resident students is in conflict with federal law.
In a ruling reached Monday, the state Court of Appeal reversed a lower court’s decision that there were no substantial legal issues and sent the case back to the Yolo County Superior Court for trial.
“It has a huge impact,” said Kris Kobach, an attorney for the plaintiffs and a law professor at the University Missouri at Kansas City. “This is going to bring a halt to the law that has been giving in-state tuition to illegal immigrants.”
He said it is a big win for California taxpayers who have been subsidizing education for undocumented immigrants.
The suit was filed in 2005 by out-of-state students attending California colleges. They challenged the state’s practice of allowing illegal immigrants to pay significantly lower tuition than they pay at the University of California, the California State University and the California Community Colleges.
UC charges out-of-state students nearly $18,000 a year more than it charges resident and undocumented students who graduated from California high schools. At CSU, out-of-state students pay about $8,000 more. And at the state’s 110 community colleges, they pay an average of about $160 a unit instead of $20 per unit – or $1,920 for a full load instead of $240.
The suit was dismissed by the Yolo County Superior Court in 2006, setting up the appeal.
The open-borders state bureaucrats appealed. And now, they’ve scored their own win on behalf of illegal alien students. The ruling from the California Supreme Court this morning upholds the law. It was expected. Kris Kobach, the immigration enforcement attorney who recently won election to the Kansas Secretary of State position, plans to appeal to the US Supreme Court.
Meanwhile back on Capitol Hill, planning for the federal illegal alien student bailout proceeds. Get ready.
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Not to worry, the university system will just jack up the cost of tuition 10 – 20% for everyone to offset the discount.
Insane. Add this to the list of reasons we give whining Californians when we refuse to bail-out their profligate arses next year……
Why of why are these bureaucrats not in jail for subversion against the constituition (yes this is a rhetorical question).
That this is even an issue illustrates the unmitigated disaster we have with elements of our citizenry. The defenders of the DREAM Act can get the hell out of the country right behind the illegals. If they demand a compromise, I’ll be willing to allow the immigration of skilled, noncriminal aliens as a one-for-one trade for the vermin of our country to simply get them the hell out of here.
lets be honest:
1 in 12 illegals are rapists
1 in 25 illegals are felons
These aren’t exactly the kind of people who persue higher education
If California wants to do this then so be it, but they should be striped of all Federal funding and not get any bailouts, hand outs, etc from this point on.
I don’t suppose in my wildest imagination that those in dc won’t fund these colleges that give taxpayer money to illegal aliens? I have got to say, CA has one major problem caused by the libs there.
L
One more step on California’s road to insolvency.
My Dad has always said that the rest of the country should take our picks and shovels and go help hurry the San Andreas Fault along.
I had heard that there was a class action suit on behalf of people in all other states regarding in state tuition rates for out of State applicants. I wonder where this went.
Love this. Titled California — The Lindsay Lohan of States
Speaking of CA and their fiscal problems, Take a look at this (from Drudge)
I have heard of junk bonds…but this is ridiculous.
I have no problem with this as long as Californians have to pay for it and Federal Tax dollars aren’t used. Let the liberals wallow in their own mess. Their stupidity knows no bounds.
Its not JUST an illegal alien bailout. It is a Democratic Party bailout, as they are sure to get their votes.
Whatever, intuitively, makes common sense, choose the opposite position and that is where your typical brain-damaged liberal stands.
Doesn’t this ruling set a precedent that states can overrule federal law, effectively nullifying the pre-emption argument? If so, What will this mean for the AZ suit.
Sorry, but document fraud is a Felony, and ALL Illegals living here, must be using some type of documentation… thus virtually ALL Illegals, are Felons.
I wish I could move to a state that loved the U.S.A. and the Constitution.
Liberals in this state (Kalifornia), only give the rule of law lip service. It’s like a type of “Controlled Anarchy”, with cowardly libtards, Communists, and statists running the show. It might actually work for them if they had any common sense…which they don’t.
I think they would love to exterminate all those who disagree with them, if they could. Their only restraint is that at least they know who pays the bills…that would be us, the “law abiding” citizens.
When travelling, I always book flights that do not have me layover or change planes in California. I would much rather switch in Portland or Seattle than SFO or LAX. Honolulu to DFW or ORD is brutal, but preferable to stopping in Kalifrutia.
And just like Mexico, California is going down the tubes and into the dark hole of poverty. And just like Mexico, they will be looking to the taxpayers in the rest of the United Statess to pay for it all.
My relatives were hoping that my family would come down for the holidays, but between not wanting to put my family through the TSA guantlet and not wanting to deal with California in general we said no.
We invited them to come up for the holidays, but they told us that if they left they may come home to find squaters in their home and we all know how hard it would be in CA to get them out.
This ruling is by the California Supreme court looking at California law. What seems odd is that this case even went to a California court and not a federal one in the first place. I guess the federal docket was a lot longer.
I do not expect the US Supreme court to rule that California law trumps federal law.
Agreed, except that money is fungible, so if California gets so much as $1 of FedGov cash for any reason, they are able to give an additional $1 of their own tax revenue to the illegal aliens.
The only real solutions are (1) eliminate ALL FedGov money to States; or (2) refuse to subsidize illegal aliens. Neither of which has a snowball’s chance in Hell of happening.
When California finally reaches the point where a federal bail out is the only viable option, I’m ok with it so long as the state is divided up, government employees salaries and pensions are drastically cut and capped, oil drilling is opened up off the coast, and all the liberal entitlements are abolished and/or cut to the bone.
If that doesn’t work, give California to Mexico. The rest of us can get by just fine with 49 states.
As if California weren’t hemorrhaging money fast enough.
Giving up our country, one state at a time……
I think CA is just about there. Guv Moonbeam’s upcoming third term in office should seal the deal.
Check to see how the state treats the children of Military.
My wife maintained her Wisconsin residency through her whole Air Force career. Paid WI state income tax, kept a WI driver’s license, WI tags on her car, voted as a WI resident, etc. When it came time to look for colleges for her kids she started looking at the U of W system. Her kids CANNOT get in-state tuition, but the kids of Illegals CAN. The friggin’ world is upside down.
Just where do you expect the millions of impoverished Mexican citizens currently living in CA,siphoning off jobs and government benefits and sending dinero back home, expect to go if CA is given back to Mexico?
CA doesn’t need to be given to Mexico, they’ve already taken it….
They’ll head north to OR and WA….
Gee,I’ll sure miss California when it falls into the ocean.
and I’m sure both states already have more than they want now.
We do and we call them the advanced party….
We elected entire Democrat slate to California – the fools largely responsible for our current mess.
We elected even a DEAD Democrat to the Congress.
Californians had some protections against the tax-n-spend Democrats in Sacramento because of the 2/3 vote requirements.
We just made it easier for them with only 51% vote requirement to pass the budget. No Republican vote necessary anymore.
We have experts who will certify that the illegals do not cost us any money for services / welfares / education / burden to roads / higher demads for utilities. They all pay 9 to 10% SALES Tax. No unreported funny CASH business. No SIR!
We just passed a proposition that will put us on a fast track to Global COOLING. Only the CLEANEST energy will do in California.
We are thinking of allowing illegal parents to vote for the school boards.
We take our children’s future very seriously, even for the illegal parents’ kids.
Basically, the Californians have already been experiencing the NIRVANA and we don’t want to come out of our hypnotic trance.
At this point, it would be more fitting to compare the California Legislature and the Judiciaries with DAVID KORESH or JIM JONES – leading the hypnotized masses for communal suicide.
Today’s California is the vision Democrats have for the rest of America.
Fight them or surrender.
The choice is ours to make.
Me? I came from Michigan to California in 1989 for Sunshine. I am stuck here for personal reasons. I am dreaming of a day when I will be pulling a trailor out of California.
At least they asked the voters to reduce it a 51% vote, here in WA ST last legislative session the legislature through our the voter initiative that requires a 2/3 majority vote to raise taxes (and disclose in the voter guide how they voted on taxes) and then proceeded to raise taxes on everything, soda, bottled water, candy, etc.
Luckily the voters reinstituted the 2/3 majority to raise taxes via initiative again (which means in two years the legislature can throw it out again if they choose to which they have done now either 3 or 4 times) and they voted to repeal all the taxes that th legislature decided to levy.
Of course they were still foolish enough to send pretty much every Dem back to the State Congress regardless of the fact that the Dem’s voted for the taxes and to remove the 2/3 majority.
Son of a…. and I just voted (midterms) to keep this so-called “conservative” on the court.
I should have remembered never to trust a California Republican.
Next time, I’m voting NO on every incumbent judge.
I suggest two states, divided up this way:
http://vote.sos.ca.gov/maps/governor/
California haters should be more specific. Otherwise, it comes off as being shrill.
California sends more money to the federal government than it gets back, meaning it subsidizes other states.
California just passed a law that says the state can’t raid county money anymore. Californians in red counties wouldn’t want a federal bailout.
(BTW, the population of the red counties is California is larger than most states. I don’t s’pose people in New Mexico, Oklahoma, Arkansas or Louisiana would enjoy being part of Texas.)
Too late …
California State University raises tuition 15.5%
That has been talked about for years for many reasons to include that CA is getting too big that in population that it holds to much sway in the electoral college. It always gets shot down and I am willing to bet that it is the liberals that shoot the idea down (they know that without the Conservative part of the state they would have fallen apart years earlier).
Exactly. You wouldn’t believe hw much I pay out and how little I get in return (single, & not a parent, I pay a ton of money for those illegal alien brats, more than half who don’t even graduate from high school.)
How long until this court decision BACKFIRES on the ILLEGALS?
With growing anger about the rising costs of a university education in California, there is a new incentive to make sure Illegals are deported before they have time to attend a California High School for the required 3 years.
Even the most economically illiterate student should be able to figure out that subsidizing university educations for ILLEGAL immigrants costs money and is part of the reason American students are seeing their tuition bills increase.
The faster the ILLEGALS are deported, the fewer ILLEGALS will be in California to take advantage of subsidized educations.
Well, I think the block voting by Hispanics to keep Reid in office, should also keep illegal aliens from every getting amnesty. Why would citizens want to create more Democrats.
A number of cities in Socal have passed rule of law (i.e. non-sactuary city) measures and require employers to use e-verify.
They figured out that if you drive the illegals out, it is a lot easier to balance your budget and save your hospitals.
Los Angeles, San Francisco, Alameda and Santa Clara counties are the problem, not California. (For example, those are the counties that shriek the loudest about the environment and are by far the biggest polluters.)
Well, that’s a start. A mere pittance to pay for a fine indoctrination. BA’s are virtually worthless, MA’s a dime a dozen now and purty soon you’ll need a PhD to qualify for a white-collar entry position.
7+ plus years of education to keep liberal tenured professors flush with salary and job security.
Funny how just this morning the LA Slimes had an article about CA Uni’s trying to recruit out of state so they can get the extra $23,000 or as it should be called the SACCS. Screw American Citizen College Students. Latino culture ruins cities, counties, states and countries. Name one primary latino city in the US that is nice……….tick, tock, tick tock…..nada.
Comes the economic dawn to these geniuses.
Its not so much the Latino culture, as it is the Peasant Culture, of every third world nation…those so ill-mannered and ill-educated that the parent nations are more than glad to elieveate the costs and burden of supporting them and shove them across the borders and seas and dump on us, too often with the eager assistance of our very own state department.
When they are backed up by La Raza, LULAC, MALDEF and CHC they are latinos and they ARE the problem.
Come on Americans of latino descent……get your folks under control.
***
In 1959 a friend from San Francisco came to UNR in Reno, Nevada to go to school and to live. It was cheaper then to pay the X3 out of state tuition than to pay in state costs in Kali.
***
When the income producing taxpayers and businesses have all left Kali–the universities will have to jack up tuition costs even more. As the world’s 8th largest economy slides further into the toilet.
***
But why worry–the 9th Circus Court of Appeals will probably find a way to make Nevada pay Kali for the students who try to escape the hikes.
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It’s really important to take care of the UNDOCUMENTED CITIZENS (aka illegal aliens) who are taking over California.
***
John Bibb
***
There is one. It’s called Oklahoma.
The name literally means “Land of Red Men” in Choctaw Indian.
Yep and we are a very “Red” state in more than one way! Come on in…just be aware we still have a few illegals still here but with Gov Fallin we may just usher the remaining out of the State. She supports AZ. She also supports open carry!
Got to love it. The children of illegals get subsidized education while the children of military families that are not residents of Cali get the shaft. What a country.
According to the Stuart Varney show, CA has already been receiving a ‘back door bailout’ this year:
http://video.foxbusiness.com/v/4403771/how-the-fed-can-solve-califs-budget-woes
Just like private Pyle in Full Metal Jacket. Getting caught with a jelly filled doughnut in his footlocker.
Here you go you illegals you can eat the doughnut while the rest of responsible citizens pay the price. Yummy it taste like socialism.
What UC or CalState system likes the military??? No they tend to be conservatives and actually believe the Constitution. No the system wants children who’s minds can be molded by liberal professors. Also be taught that California was taken from Mexico by the imperial powers of the US. And lead their minds to vote democrat. Did I miss something???
How can this possibly not violate the federal Equal Protection clause? If a US citizen from another state can’t get in-state tuition, how in the hell can an illegal non-citizen get it? It’s obviously unequal treatment under the law.
Perhaps we should all boycott CA like they did AZ then? I mean, how dare CA make immigration related laws. I demand the FEDS to sue CA!
wth? I work in a university, and we don’t even look at an applicant until their visa/residency/citizenship issue is verified and valid.