Class action lawsuit filed against California giving tuition discounts to illegal aliens

From a report that the SacBee misleadingly titles "Immigrant tuition law challenged":
Sparked by a former California congressman, a class-action lawsuit was filed Wednesday in Yolo County Superior Court challenging a state law allowing undocumented immigrants to pay in-state tuition at public universities.

Former U.S. Rep. Brian Bilbray, a San Diego Republican currently running for the vacated seat of Randy "Duke" Cunningham, initiated the suit by complaining after his children were charged out-of-state tuition at a community college after moving to California from Virginia.

Bilbray contends it is fundamentally unfair for his two adult children, Briana, 19, and Patrick, 20, to be charged the higher out-of-state rate while some undocumented immigrants are eligible for much lower tuition fees...

...The Attorney General's Office declined comment, saying it had not yet seen the suit. Ravi Poorsina, spokeswoman for the University of California, said the state law being challenged does not provide special treatment to undocumented immigrants because it provides the same benefits to out-of-state students who meet the criteria, such as students who attend a California boarding school while their family lives elsewhere.

Of the 1,339 UC students who received a tuition exemption under the statute in 2004-05, roughly 30 percent may have been undocumented immigrants, though precise figures are unavailable, Poorsina said.
If this fails on a technicality or because Poorsina's description of the statute fits the DHS's rules, then I guess one of the remaining options would perhaps be to try to get some state or federal agency to conduct an investigation of some kind which would lead to a charge of aiding and abetting illegal aliens. Of course, the chance of that happening is quite slim.

UPDATE: In the unlikely event that there's an investigation, perhaps it could start with Marshall "Mark" Drummond, chancellor of California Community Colleges. He told the L.A. Times:
"My job isn't to patrol the border. My job is to build healthy communities... Regardless of the merits of these folks coming here in the first place, the point is to me that they're here, they're residents of communities, they are successful graduates of California high schools, and I personally welcome them to study and learn in our community colleges and contribute back to their communities."

Comments

I know a family born of this country but of mexican nationality. Thier son gradutated from a california high school with honors and when he was registering for college he was advised that in order to have his tutition fees waived he had to prove he was an imigrant from mexico - even though he was not. His mother and father wrote an aritical in a local news paper about their live as imigrants working the fields and growing up poor -even though they were not. The fact is the story was part truth mixed with many lies, but it worked and he was able to waive his tuition fees. This is how it works in some places. But if he proved he was an all american citizen he would not have been given the privledge to waive any fees without proving that his parents were indigengt - in which they were not. He is a doctor now in another state and lives very well. The school got a promising student with a future that helps others. Is there fault in that? I know that I am not able to receive any special treatment for any program because I am american born and raised and yes I too am a mexican going on six generations or more. I refuse to take advantage of the system because I am an american and that in itself should give me special privledges in my own country, but the fact is it does not. The system is designed to help the under privledged and what majority is that, but the illegals that come to our country. It works this way in the welfare program too. My father suffered a stroke and needed assistance as he no longer could work. He applied for welfare benefits (as much as he resented the fact) and got the full package - more than he expected. As he read the papers he noticed that the form indicated he was an illegal/migrant. This upset my father as he is an american and went directly to welfare to correct the wording and identify him as an american. The clerk informed him that if the form was changed he would not receive full benefits. My father was stunned. He asked her if he claims illegal he would get full benefits, but as an american he would not and she replied, "yes." My father was outraged and her supervisor came and told him to leave it as it was - he should be lucky to receive a full package. My father threw the papers back at the clerks and requested the forms changed. Eventually the forms were changed and all he received was medi-care, but at a cost. I believe the system no longer works for americans and therefore, we americans have to work harder for our money and in the end our taxes are to help the under privledge. I am an American Maid as my taxes cater to the under privledged imigrants - or those who have no pride to claim American made.

The problem is that there is a federal law specifically prohibiting giving in-state tuition discounts to illegal aliens and then denying those benefits to US citizens from other states. It is just that the lefties and La Raza racemongers think (as they always do) that the law does not apply where their interests are concerned. The statement by the UC spokeshole (about boarding schools!) is clearly a fig leaf for an illegal policy. But given the nonsense spouted by many of the black-robed dictators who rule us this absurd subterfuge may be accepted by the courts.

As the lone responder to this post, I would like to note that Mr. Drummond is quite right. The immigration laws are Federal laws. That means they are subject to Federal enforcement. If the State of California wants to subsidize the education of illegal immigrants, it's up to the people of that State to get up in arms about it.