HolyCoast: Supremes Allow In-State Tuition for Illegals in California
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Monday, June 06, 2011

Supremes Allow In-State Tuition for Illegals in California

I'm not sure why we even bother to have borders anymore:
The Supreme Court on Monday rejected a challenge to California's policy of granting reduced, in-state tuition at its colleges and universities to graduates of its high schools who are illegal immigrants.

The justices turned down an appeal from lawyers for a conservative immigration-law group that contended "preferential treatment" for illegal immigrants violated federal immigration law. They cited a little-known provision in a 1986 law that barred states from giving "any postsecondary benefit" to an "alien who is not lawfully present in the United States … on the basis of residence within a state."

But last year, in the first ruling of its kind, the California Supreme Court said the state's policy did not conflict with federal law because the tuition benefit turned on a student's high school graduation, not his or her residency. In the 2001 law, the state said it would give in-state tuition to a qualified student who attended a high school in California for three years and graduated.

Under this interpretation, a student from Oregon who graduates from a high school in California could obtain in-state tuition in the University of California system. In defense of its law, California education officials said that many of those who took advantage of its in-state tuition policy were U.S. citizens who hailed from other states.
Simple question - if a student is illegal and we know it, why aren't we deporting them?

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