California's highest court is poised to be the next battleground in the debate over benefits for illegal immigrants as the justices have agreed to hear arguments on the constitutionality of a state law allowing undocumented students to pay in-state tuition at public colleges and universities.
The decision could affect hundreds of illegal immigrant students who attend community colleges, Cal State and UC campuses and who say they would not be able to afford a higher education if required to pay out-of-state tuition, which can cost more than triple the amount that residents pay.
But the outcome could have a broader effect -- at least nine other states, including Oklahoma, New York and Texas, have similar laws providing the reduced fees to illegal immigrants. Although a court decision would not be legally binding in other states, politicians around the country are looking at California as a litmus test for future legal challenges.
The state Supreme Court accepted the case late last month and will probably hear arguments later this year.
In a letter urging the high court to take up the case, Utah's Atty. Gen. Mark Shurtleff wrote, "The implications of this decision extend far beyond California, and far beyond a state's ability to set educational policy, into the heart of the national debate about illegal immigration."
Martinez vs. Regents of the University of California began with a lawsuit filed in Yolo County in 2005 by out-of-state students and their parents. The lawsuit alleges that education officials are violating federal law by granting in-state tuition to illegal immigrants while not offering the same lower fees to students from outside California.
"U.S. citizens should have at least the same rights as undocumented immigrants," said one of the plaintiffs, Aaron Dallek, an Illinois native who graduated from UC Berkeley in 2006.
Another plaintiff, 2006 UC Davis graduate Onson Luong, said he didn't think it was fair that he, as a native of Nevada, had to pay higher tuition than illegal immigrants. Luong, who majored in biotechnology, worked two jobs during college and owes $15,000 in student loans.
"If they are allowing illegals to pay in-state tuition when they aren't even citizens, what kind of message is that sending?" Luong asked.
