The United States Supreme Court has upheld a California law allowing undocumented immigrants to pay the same college tuition as legal residents of the state, as long as they attended a California high school for a minimum of three years and graduated from said institution. The tuition is considerably lower than for applicants from out of state. Although the justices had issued their decision in November 2010, it had been appealed by out-of-state students attending California schools, who said it was unfair that as U.S. citizens, they had to pay as much as $20,000 more than illegal immigrants. They claimed such "preferential treatment" violated federal law, which bars "residence within a state" from being used as the basis to allow "any postsecondary benefit" unless all U.S. citizens would similarly benefit. On Monday, the Supreme Court Justices refused to accept their appeal.
It seems to me this law is aimed at the children whose parents snuck into the US when they were infants and they therefore had no choice and often no knowledge in the matter. Furthermore, as I wrote about in an earlier blog, many of those infants grow up to be full fledeged American citizens or at least they believe themselves to be all their life. It is their identity, whether or not they hold the paper to prove it. It is only upon reaching majority and sometimes even later, when as adults, they are asked for legal documents such birth certificates, that they get a rude awakening. What is fair to do with these children?
If you believe that in state residents should pay a lower tuition than out of state residents, on the basis that in state residents have all their lives contributed to the state in many ways, such as through paying taxes, consuming goods, working, simply being part of the local economy and fabric of the community, while the out of state residents should pay a higher fee because they have not contributed anything to the state therefore they should pick up more slack for taking advantage of the educational institutions, then why not grant those children of undocumented parents, who are for all practical purposes in-state residents, the same same benefit of a lower tuition.
After all, their parents contributed to the local economy just as much as any other, even despite not having lawful immigration status. All of my undocumented clients in ten years of practice had been able to show me yearly income tax returns, federal and state, they often held more than one job, and they did not for one day bilk the state or federal government of any medical or unemployment or any other benefits. The sad matter is that the clients or potential clients who came for consultation with me because their immigration status was in jeopardy after they had been convicted of defrauding the government of medi-Cal or other benefits, were all lawful permanent residents or had some sort of lawful status here!
Other states with similar laws are: Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, Washington and Wisconsin. Another dozen states have passed specific laws refusing in-state tuition for illegal immigrants.
Congress is considering a similar law, called the DREAM Act. It would speed citizenship for younger illegal immigrants who attend college or join the military.
More about this decision can be read in the CNN article here.
