As the Congressional Hispanic Caucus prepares to meet with President Obama today to discuss immigration reform, California's Supreme Court voted unanimously yesterday to offer illegal immigrants in-state tuition to public universities. The Daily Beast reports:

The California State Supreme Court voted unanimously on Monday to give in-state tuition at public universities to illegal immigrants who have graduated from state high schools. California is one of 10 states to make this offer, and the court ruling is the first of its kind. While federal law prohibits illegal immigrants from receiving college tuition based on residency, California law carves out an exemption for students who attend the state’s high schools for at least three years.

On the up side, this measure could put illegal immigrants on the path toward assimilation and naturalization. On the down side: I'm not sure that taxpayers should have to foot the bill for that. Could a utilitarian argument be made, however, that it ultimately costs taxpayers less money to help subsidize an illegal immigrants' college education, as oppose to, say, the alternative? The LA Times crunches some numbers:

The Immigration Reform Law Institute, the Washington, D.C.-based group that challenged California's law, contends that more than 25,000 undocumented students attend the state's public colleges and that lower tuition for illegal immigrants costs the state more than $200 million annually.

The state's colleges and universities say that more than 41,000 students, less than 1% of total enrollment, qualify for the lower tuition under California law but that many of those are U.S. citizens.

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River
Joined
Aug '10
River

California, the Lindsey Lohan of states. Sooner or later we'll have to let them bottom out.


Joined
Aug '10
Galer Dolan

The court's ruling gives another incentive to illegal immigration.

Dave Roy
Joined
Oct '10
David Roy

I agree that it's better than the alternative crime wave possibility of unassimilated immigrants, I'm with Galer that this seems to be laying the groundwork to encourage more illegal immigration into California (or more migration of illegal immigrants already here to California, which may not be a bad thing for anybody except California itself).

I'd be more amenable to it if we were able to lock down the borders a bit more and really cut down on those coming here. *Then* it may be a good thing to try and work with the ones already here.

Emily Esfahani Smith, Ed.

David Roy:

I'd be more amenable to it if we were able to lock down the borders a bit more and really cut down on those coming here. *Then* it may be a good thing to try and work with the ones already here. · Nov 16 at 8:16am

It's almost like an amnesty/border security policy duo.

I thought the legal background of the case was interesting. Most of the justices were appointed by Republican governors, and the most conservative justice on the court said that the court wasn't making policy, but merely interpreting a controversial law.

According to the LA Times article:

Justice Ming W. Chin, one of the more conservative members of the California Supreme Court and the son of Chinese immigrant potato farmers, said in Monday's ruling that state law was not based on residency and therefore did not conflict with the federal prohibition.

"Every nonresident who meets [the law's] requirements — whether a United States citizen, a lawful alien or an unlawful alien — is entitled to the nonresident tuition exemption," Chin wrote....

But Chin said the court was not making policy, simply interpreting the law on "a controversial subject."

Edited on Nov 16, 2010 at 8:35am
Lady Kurobara
Joined
Nov '10
Lady Kurobara

It seems to me that, on this topic, everyone is missing the forest for the trees.

California is rapidly approaching catastrophic bankruptcy, so they are not really in a position to offer tuition to illegals (which is, in any case, a really bad idea). It is an empty gesture, not to mention downright delusional. Money is no object!

It never is when you have none.

Edited on Nov 16, 2010 at 10:26am
Jimmy Carter
Joined
Jul '10
Jimmy Carter

Why three years? Why discriminate against those that were late getting Here? What if an alien was placed in a grade and graduated in two years and ten months?

Tom Lindholtz
Joined
May '10
Tom Lindholtz

Of course, my niece and nephew in Texas will still have to pay out-of-state tuition. Thus, California is in the ridiculous position of recognizing state borders but not international borders.

For David Roy, and others: yes, our state is bankrupt (in more ways that merely financial). But it is looking like California will shortly be providing a valuable service to the other 49 states. We will become the de facto destination of choice for all your social misfits. Perhaps the rest of you could think of us as providing an asylum for your social rejects, thereby allowing you to get on with business and realize the American dream of life, liberty and the pursuit of happiness. And for this we will only require a modest annual bailout fee.

John Marzan
Joined
Oct '10
John Marzan

The Chinese illegals here in the Philippines wouldn't even dare ask for free public education from the local gov't. If they wanted to send their kids to school, they pay for their children's own fil-chi education.

Edited on Nov 16, 2010 at 7:38pm

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