Out-of-State Students Sue Over Tuition
Contending that they are illegally charged higher tuition and fees than undocumented immigrants, a group of out-of-state students and parents filed a class-action lawsuit Wednesday against California's public university and community college systems.
The suit, filed in Yolo County Superior Court, challenges practices based on 2001 state legislation that allows certain undocumented immigrants to pay the same charges for college as other California students. California is one of at least nine states that permit some undocumented immigrants to pay in-state fees, an issue that has drawn fire from advocates of tougher policies against illegal immigration.
The suit contends that 60,000 out-of-state students at University of California, California State University and public community college campuses have illegally been required in recent years to pay higher, nonresident charges. For example, out-of-state undergraduates at UC campuses are paying an average of $24,589 to attend this year, versus the $6,769 charged students who qualify for in-state fees.
In California, the number of undocumented students paying in-state fee levels is believed to be by far the highest at community colleges, but their number, estimated at 15,000, is well below 1% of overall enrollment at the two-year schools. At UC last year, 407 students were counted as "potentially" undocumented immigrants. Cal State provided no estimate.
No specific amount of damages is sought in the suit, but the lead lawyer for the group of 42 named plaintiffs, Redwood City attorney Michael J. Brady, said the amount could total "hundreds of millions" of dollars.
Among the plaintiffs are former San Diego County Rep. Brian Bilbray, the Republican running for the seat vacated by Rep. Randy "Duke" Cunningham, who recently pleaded guilty to corruption charges. Bilbray has been active in efforts against illegal immigration. Also named are Bilbray's two children, Briana and Patrick, who reportedly had to pay out-of-state tuition at San Diego City College after moving back to California from Virginia.
Along with seeking compensation for the out-of-state plaintiffs, the case could galvanize critics of illegal immigration who want to do away with the provisions granting in-state rates for qualifying undocumented students who attended California high schools.
- Ruling on CSU Immigrant Fees Sought Jan 07, 1992
- California tuition break for illegal immigrants can be challenged Sep 17, 2008
- Tuition and illegal immigrants Sep 22, 2008
