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									Legal Daily News Feature

California Supreme Court Says In-State Tuition ‘’Is Not Based On Residence’’
By Todd Schultz

The California Supreme Court gave a unanimous decision Monday that will allow illegal immigrants to qualify to pay cheaper tuition at
California’s public universities.

                               11/16/10                              ‘’[The decision] appropriately expands access and educational
                                                                     opportunities to all legitimate California high school
                              Monday’s ruling reverses a prior       graduates.’’
                              ruling by the state’s Court of
                              Appeals which blocked the policy       Opponents of the decision pointed to existing federal law
held by California’s institutions of higher education, allowing      which states that illegal immigrants are not eligible ‘’for
immigrants to pay in-state rates as non-residents.                   any postsecondary education benefit’’ if other United States
                                                                     citizens did not receive the same benefit.
The decision will affect 112 community colleges as well as
33 universities and two independent postgraduate schools in          The court stated that U.S. citizens, who are not citizens
California’s public postsecondary education system.                  of California, were eligible to obtain in-state tuition rates,
                                                                     provided that they were enrolled in a California high school for
The decision essentially reinstates a California state law,          three or more years, and graduated or obtained their GED in
which was implemented in January 2002, which states that             the state.
persons who have ‘’filed an application to legalize his or her
immigration status’’ can receive in-state tuition ‘’without          The court concluded that obtaining in-state tuition rates ‘’is
lawful immigration status,’’ should they qualify in other ways.      not based on residence in California. Rather, it is based on
                                                                     other criteria.’’
Christine Helwick, General Counsel for California State
University system, was enthusiastic about the ruling, stating:


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