California may have dodged a major conflict with Federal law when its voters rejected legalized pot in this month's election, but now a new ruling by the state's Supreme Court is setting up another conflict: this one over in-state public college tuition for illegal immigrants.
On Monday, the Court decided that undocumented students who attend at least three years of high school in California can continue to get considerably cheaper in-state tuition at the state's public colleges and universities. The problem is, Federal law prohibits those in the country illegally from receiving price breaks based on residency and not provided to all US citizens.
Big money is at stake: in-state tuition can save a kid up to $23 thousand dollars. In fact, it was a group of out-of-state University of California students paying higher prices who brought the lawsuit, claiming it was discriminatory and against federal law for the school to give discounts to illegals and not them. The plantiff's attorney says they plan to appeal to the US Supreme Court, where they hope to get a definitive ruling that would apply nationwide.
In all, there are 10 states that give cheaper tuition to illegal immigrants, and lawsuits pending in lower state courts in Texas and Nebraska hope to halt the practice there. A federal lawsuit against the Kansas in-state tuition policy was thrown out when the court there ruled the citizens' rights group that sued hadn't been harmed by the policy and therefore didn't have standing to pursue legal action.
If there's a lot of money at stake for individual students, the cost for California and other states is huge. The Immigration Reform Law Institute claims more than 25 thousand undocumented kids get tuition discounts in California, costing state taxpayers more than $200 million every year. The group also claims there are 65 thousand such students nationwide, making it easy to see how the national price tag for these policies could easily top half a billion dollars.
Stay tuned to see if this makes it to the US Supreme Court.
http://liveshots.blogs.foxnews.com/2010/11/16/tuition-breaks-for-illegal-immigrants-in-ca/

