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No Supreme Court Review of State Tuition Policy

Posted on Tuesday, June 7, 2011 7:28am

The US Supreme Court Monday refused to hear a challenge to California’s in-state tuition policy. That policy allows undocumented high school graduates to pay the same rate as California students at public colleges and universities.

Opponents to California’s tuition policy contended that it violates a provision of federal immigration law. That law bars states from offering “any post-secondary benefit” to undocumented immigrants. But California’s Supreme Court upheld the state’s policy last year. The justices ruled that offering in-state tuition to undocumented students is legal because it’s based on whether a student attends and graduates from a California high school – not on the student’s immigration status. Lawyers from the Washington-based Immigration Reform Law Institute appealed the ruling to the US Supreme Court. The high court’s refusal to hear that appeal means that California’s policy stands – and that similar laws in 11 other states also remain legal.

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