Bigots Lose: Cali. In-State Tuition for Illegal Immigrants Upheld

November 16, 2010

(ChattahBox US News)— The DREAM Act may have an uncertain future in the dysfunctional senate, soon to be populated with more short-term thinking nativist Republican members, but the state of California is not giving in to bigots. In a first of its kind ruling, the California Supreme Court unanimously upheld a state law providing undocumented immigrants with in-state tuition under certain circumstances. The high court rebuffed the plaintiffs’ argument that the state law violated a federal law banning educational benefits to illegal immigrants, based solely on residency. Justice Ming W. Chin found the state law constitutional because it “does not treat citizens worse than unlawful aliens.”

The challenge to California’s in-state tuition law was engineered by the virulent anti-immigration activist Kris Kobach, who authored Arizona’s draconian “show me your papers” law.

But the California Supreme Court found Kobach’s arguments did not hold water. The state law provides in-state tuition to all students who have attended high school in the state for three years, even if those students left the state after high school. Accordingly, the court ruled the in-state “exemption is not based on residence in California, which would run afoul of federal law.

The court was also persuaded by the intent of the legislature in drafting the law.

“The Legislature found and declared that ‘[t]here are high school pupils who have attended elementary and secondary schools in this state for most of their lives and who are likely to remain, but are precluded from obtaining an affordable college education because they are required to pay nonresident tuition rates”; and that ‘[t]hese pupils have already proven their academic eligibility and merit by being accepted into our state’s colleges and universities.”’

Besides Kobach, the top bigots in Congress, Reps. Steve King (R-IA) and Lamar Smith (R-TX) also supported the challenge to undocumented immigrants receiving in-state tuition, by filing an Amici Curiae brief with the court.

When the Republicans resume control of the House in January, King, who once compared illegal immigrants to a “cockroach” is expected to become Chair of Subcommittee on Immigration, while Lamar, who advocates denying birthright citizenship to”anchor babies,” would take control of the House Judiciary Committee.

Recently, a Republican Hispanic group urged soon to be Speaker John Boehner (R-OH) to reconsider the appointments of King and Smith to head the panels, because of their hateful rhetoric “that is aimed negatively toward Hispanics.”

The group Somos Republicans, writes: “Steve King and Lamar Smith have adopted extreme positions on birthright citizenship, and promise legislation that would undermine the 14th amendment of the constitution, which both swore an oath to uphold. While it is indeed the duty of the Judiciary and Immigration committees to oversee and enforce existing immigration laws, Representatives Smith and King have engaged in an ill-advised platform and rhetoric that has been perceived as insensitive with their inflammatory “immigration statements,” and this has caused an exodus of Hispanic voters to the Democratic party.”

The California Supreme Court ruling is expected to be appealed to the U.S. Supreme Court, where Kobach and his fellow nativists should receive a more favorable reception from the divided 5-4 right-wing conservative court.

You can read the court’s entire opinion here.


2 Responses to “Bigots Lose: Cali. In-State Tuition for Illegal Immigrants Upheld”

  1. Concerned on November 16th, 2010 1:11 pm

    There is no need to call people who support laws being taken seriousy “bigots”. Lawfully present students will have to pay the way of these illegal students and you seem to show them no respect.
    University of California tuition is going up 8% and 30% of tuition goes to financial aid to support others, including illegal aliens. Those students should bring a class action suit against the universities that require them to pay the way of those illegitimately present in the US.

    If a child was taken along by his or her parents in a theft, clearly they are not quilty of the crime, but the child would not get to keep the stolen goods, now would they? My suggestion to all who support education of illegal aliens. Please step up to the plate and pay for it. I would not mind that at all.

  2. Francis on November 16th, 2010 8:48 pm


    Second to the taxpayers spending issue of welfare for illegal aliens and instant citizenship to babies of foreign nationals that intentionally break our sovereign laws, is the repressive Revenue taxing chaos. I heard Ron Wyden, a Democrat on C-Span lame Duck session of Congress on how to overhaul the tax code for individuals and corporations; making it simpler and to lower the rates but cover more income. It’s logical that jobs wouldn’t be spirited overseas if the tax code was fair to everybody, and not an easy mark for the special interest groups to corrupt our politicians by keeping loopholes open for the wealthy. Wyden’s’ main emphasis is imposing three tax rates – 15 percent, 25 percent and 35 percent with a limited number of deductions. On mortgages, for example, they would remove the deduction for second homes and allow only the first $500,000 of a mortgage to get a tax break.

    Our country is in financial turmoil, because of the huge “tax and spend” Liberal movement of telling the people, we are here to subsidize your every need, as long as you vote for us; Illegal or not? Yes! It’s the illegal immigration issue that has finally become highlighted and emanating as public anger and a growing concern that the government failure to reduce it impact; that a large group of politicians, governors, judges are catering to these people, rather than the majority of the population. It’s another hundred billion dollar deficit that should be stopped immediately and foreign nationals grandfathered out of the country using enforcement of tools like E-Verify, newly customized. Costly yes! But in the long run it will save us trillions of dollars in cash payments and public services that are strained. Prior to inception of the entitlement system in America, there was little attraction for illegal workers and their families. Today–Poverty is threatening America’s stability, that in these economic times, we cannot afford our own families needs; yet we are given taxpayers money to promote good will in other countries.

    Nowadays people who are desperate and penniless are pouring across our leaky border, or on one-way-tickets jet liners to this sovereign country. Illegal aliens already know with fraudulent ID they can access our welfare and social services before they even arrive. Europe has already overrun with economic nationals, whose main objective is to collect welfare or free health care treatments. If we enforce our immigration laws, we can cut the US deficit at the federal and even State levels. We should listen to the insight of prominent non-profit organizations as the Heritage Foundation, which claims another Amnesty such as the Dream Act, will further cripple our national deficit. Hundreds of thousands of students as green card holders can sponsor their immediate family. Those newly sponsored once processed, can bring in their family and the chain of immigrants continuous.on and on…? Robert Rector of the Heritage has determined that this Dream Act Amnesty, along with the expenditures of Chain migration will increase our debt by another 2.6 Trillion dollars.

    Outside of this another 113 billion dollars is calculable by illegal alien families yearly, through instant citizenship through the 14th Amendment for babies. Much of this money is accountable, by funding to Sanctuary Cities; haven for illegal aliens, gangs and other criminal elements. Taxpayer money should not be giving federal funds to places of so-called Sanctuary Cities and even States, such as California as this is a travesty to our immigration laws. Not fully understanding the tax laws myself, accept paying my families fair share, but realize that the Autistic code has thousands of loopholes for the well-to-do, but gives no-quarter to the general public who end up being audited. Of course simplifying the tax code would mean unemployment. Google the truth that the Liberal press deny or lie about at NumbersUSA and conclude this battle to stop any form of Amnesty, by contacting your Senate or Representative at (202)224-3121 today.

Got something to say? **Please Note** - Comments may be edited for clarity or obscenity, and all comments are published at the discretion of - Comments are the opinions of the individuals leaving them, and not of or its partners. - Please do not spam or submit comments that use copyright materials, hearsay or are based on reports where the supposed fact or quote is not a matter of public knowledge are also not permitted.