Immigration and Family Law Blog

In a move that is bound to add to the controversy revolving around federal versus state control of immigration issues, the California Supreme Court earlier this month ruled that undocumented immigrants are entitled to reduced in-state tuition at the state's public colleges and universities.

The Court was ruling in the matter of Martinez v. Regents, which challenged a 2001 California state law. Under that law, the California Immigrant Higher Education Act, a student who completes two years of high school in California and receives a high school diploma is eligible for in-state tuition rates at the state’s public colleges and universities. These students are eligible for reduced tuitions, regardless of their immigration status.

The decision means that deserving students in California will continue to have access to reduced in-state tuition rates, regardless of their immigration status. Immigration lawyers and immigration rights advocates have widely welcomed the state's ruling, and believe that it will empower students who do not have legal status, thanks to the federal administration’s failure to pass the DREAM Act. The California Supreme Court decision could also have nationwide ramifications. Immigrants in other states that have similar laws, like Texas and Kansas, could also follow the California court ruling.

Criticism towards the ruling has already begun. Anti-immigration groups say that the state will be required to pay for tuition for illegal immigrant students, even as it grapples to deal with higher education budget cuts. As far as California immigration attorneys are concerned, this is comparing apples and oranges. Students, who have done well in high school, are eligible to study in California's universities, and when these students find that they are not eligible to go to college because of their legal immigrant status, it can be devastating to their motivation levels. No one wins if we prevent a category of high school students from being eligible for college tuition merely on the basis of their immigrant status.