California's In-State Tuition Policy for Illegal Aliens Is Unconstitutional, Rules...

California's In-State Tuition Policy for Illegal Aliens Is Unconstitutional,
Rules State Appeals Court

Precedent Setting Ruling May Be Used to Challenge Many State Benefits for
Illegal Aliens, Says Immigration Reform Law Institute

WASHINGTON, Sept. 16 /PRNewswire-USNewswire/ -- A three judge panel of the
California Court of Appeals unanimously ruled Monday that a California law
intended to permit illegal aliens to attend public colleges and universities
at in-state tuition rates is unconstitutional because it conflicts with
federal law, and violates both the equal protection clause and privileges and
immunity clause of the constitution. Ruling in the case of Martinez et al. v.
Regents of the University of California, brought by the Immigration Reform Law
Institute (IRLI) on behalf of some 80,000 nonresident American students who
were denied in-state tuition benefits, the Appeals Court agreed that
California policy violates expressed provisions of both the Immigration Act
and the Welfare Reform Act of 1996.

The 1996 Immigration Act states that "an alien who is not lawfully present in
the United States shall not be eligible on the basis of residence within a
State...for any postsecondary education benefit unless a citizen or national
of the United States is eligible for such a benefit..." In their ruling, the
judges concluded that a California law that recognizes illegal aliens as
residents for the purpose of attending public colleges and universities at
taxpayer subsidized tuition rates, "does, and was intended to, benefit illegal
aliens" - a benefit that the state fails to provide to U.S. citizens from
other states. The court also granted injunctive relief to nonresident American
students, meaning that they must be permitted to pay in-state tuition.
Students who have already paid out-of-state tuition rates must be reimbursed.

The California Appeals Court ruling is the first to decide a challenge to
in-state tuition policies on the merits. A challenge in federal court to a
similar policy in Kansas, also brought by IRLI, was dismissed when the judge
denied standing to the plaintiffs.

"We believe that Monday's ruling by the California Court of Appeals is
unambiguous and precedent setting," stated Michael Hethmon, general counsel
for IRLI. "In their ruling, the judges indicated that federal law preempts not
only California's in-state tuition law, but all such laws across the country."
Currently, nine other states offer in-state tuition benefits to illegal
aliens.

Monday's ruling will also affect many other state and local benefits currently
being offered to illegal aliens. "The decision also makes it clear that
federal law preempts many benefits that are being dispensed to illegal aliens
that are expressly prohibited under the Welfare Reform Act," said Kris Kobach,
senior counsel to IRLI. "In the court's opinion, citizens have the right to go
to court and sue to prevent illegal aliens from benefiting from a whole range
of government programs."

"Law-abiding citizens and taxpayers were the real winners in this decision.
This opinion strikes a blow for the rule of law, commonsense, and protection
of public resources, and the legal precedence it sets will be felt all across
the nation," Hethmon concluded. The full decision can be read at
http://www.courtinfo.ca.gov/opinions/.

SOURCE Immigration Reform Law Institute

Michael Hethmon of Immigration Reform Law Institute, +1-202-232-5590,
mhethmon@fairus.org