Illegal aliens can get in-state college tuition, California Supreme Court says (ACLU, MALDEF)

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Yesterday the California Supreme Court ruled [1] that illegal aliens and others can receive the in-state tuition rate at California colleges provided that they've attended California high schools for three or more years. They thus upheld AB 540, also known as the "California DREAM Act".

Both of those are anti-American bills that allow illegal aliens to take college educations away from U.S. citizens. They're bad policy for other reasons too: they encourage illegal immigration and braindrain foreign countries. See the last link for the details.

All of this could have been prevented if people would do things in smart ways and use leverage. The only reason why there's an AB540 and a DREAM Act is because politicians feel free to support such anti-American bills. The way to get all (or all but the extremists) to drop support for such bills is to challenge them on video at their public appearances with the impacts of those bills; see the question at the last link. I've been trying to get people to ask that question for over three years with no help from major rightwing bloggers and the like. Instead, they simply encourage the tea parties types to wave signs and throw tantrums about less popular and less salient issues.

Regarding the suit, the attorney for the plaintiffs Kris Kobach says he'll appeal the decision. On the other side, the American Civil Liberties Union, MALDEF, and school administrators cheered the decision. (quotes to follow)

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[1] From courtinfo.ca.gov/opinions/documents/S167791.PDF

The main legal issue is this: [8 U.S.C. S 1623, link] provides that an alien not lawfully present in this country shall not be eligible on the basis of residence within a state for any postsecondary education benefit unless a citizen or national of this country is eligible for that benefit. In general, nonresidents of California who attend the state?s colleges and universities must pay nonresident tuition. (Ed. Code, S 68050.) But section 68130.5, subdivision (a), exempts from this requirement students — including those not lawfully in this country — who meet certain requirements, primarily that they have attended high school in California for at least three years. The question is whether this exemption is based on residence within California in violation of section 1623.
Because the exemption is given to all who have attended high school in California for at least three years (and meet the other requirements), and not all who have done so qualify as California residents for purposes of in-state tuition, and further because not all unlawful aliens who would qualify as residents but for their unlawful status are eligible for the exemption, we conclude the exemption is not based on residence in California. Rather, it is based on other criteria. Accordingly, section 68130.5 does not violate section 1623.