California Supreme Court Appears Likely to Uphold College Tuition Statute

Earlier this week, the California Supreme Court yesterday appeared skeptical of a challenge to a state law that allows undocumented residents of a state to pay in-resident fees if they attended California high schools and promise to seek to legalize their status. The justices, in a special session in Fresno, heard arguments in a case (Martinez v. Regents of the University of California) brought by non-resident college students (represented by law professor and Kansas Secretary of State candidate Kris Kobach) who were required to pay nonresident fees to attend California state colleges and universities and contend that the California law is preempted by federal immigration law. The Third District Court of Appeal, reversing the Yolo Superior Court, ruled in 2008 that federal law prohibits the state from granting the in-state tuition rate to persons who lack lawful immigration status unless it grants the same rate to all U.S. citizens regardless of California residence.

For another news report on the argument. click here.

KJ