A group of 42 out-of-state students and their parents filed a class-action lawsuit against University of California, California State University and community college organizations because they are illegally charging more for out-of-state students than illegal immigrants.
The lawsuit was filed in Yolo County Superior Court December 14, 2005. The students are challenging California legislation made in 2001 which made provisions for illegal immigrants to pay the California resident fees instead of out-of state fees. California is one of at least nine states that permit certain undocumented immigrants to pay in-state fees, an issue that has drawn fire from advocates of tougher policies against illegal immigration.
Only nine states in the United States allow illegal immigrants to pay in-state fees. For example, if you are a legal residence of the state, you pay for in-state tuition fees, which are considerably less than an out-of-state student. Out-of-state cost for the University of California is $24,500 per school year; compare this to an in-state student who pays around $6,700 per year. In order for California to allow for the lower in-state cost, the student would have to attend and graduate from a California high school for 3 years.
The debate is whether California university and community college system violates US federal law which says that if a state university offers illegal immigrants in-state tuition fees, they must also offer the same rate for out-of-state students.
This legal fight is about lowering costs for the out-of-state students, and challenging the law of federal law versus the state law, which are in conflict.
No specific amount of damages is sought in the suit, but the lead lawyer for the group of 42 named plaintiffs, a Redwood City attorney, said the amount could total "hundreds of millions" of dollars. 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.