Illegal Immigrants Retain Right to In-state Tuition at California Universities

Categories: Immigration Lawyer Blog San Diego

The Supreme Court declined to hear a challenge to California’s state law AB 540, that allows certain illegal immigrants who qualify as residents to pay in-state tuition. Currently under AB 540, any student, regardless of immigration status, who graduates from a California high school after attending for at least three years is entitled to in-state tuition.

This law was challenged by students and parents of students from 19 states, who paid out of state tuition rates on the grounds that the law improperly circumvents a 1986 federal law meant to deny such a benefit to illegal immigrants.

Now students without lawful status do not have to worry about their tuition suddenly increasing. The next step is for Congress to recognize the value of these students and pass the DREAM Act