STATE NEWS ‘mdash; Embedded in the California Supreme Court’s recent decision to review a lawsuit challenging in-state college tuition rates for illegal immigrants is the age-old question of fairness. But by considering a verdict that will decide hundreds of undocumented students’ future ‘mdash; no matter how many out-of-state students say they’ve taken legal action against the UC Board of Regents to achieve a more evenhanded system ‘mdash; the debate boils down to money: Who has it and who doesn’t?
In 2005, over 40 out-of-state students sued the regents regarding a discrepancy between California’s Assembly Bill 540, a law that makes illegal immigrants eligible to pay in-state tuition rates, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the federal law forbidding any type of postsecondary education benefit for illegal immigrants over United State citizens.’ Since t
he case’s dismissal, the California Court of Appeals has overruled the decision made orginally by a Yolo County court and forwarded the case to the California Supreme Court.
The case’s plaintiffs plead for the abolition of AB540, as well as the unrealistic monetary reimbursement for the supposedly unfair rates they paid while in college. However, their goal is futile since declaring AB540 unconstitutional wouldn’t make out-of-state tuition rates any less expensive. Essentially, both parties will struggle to pay an annual $28,600 in out-of-state tuition.
Opponents argue that AB540 contradicts federal law because they assume it only benefits illegal immigrants. Since its passage in 2001, California’s public universities and community college system have guaranteed in-state tuition to any student who attended a California high school for three years or more, graduated in state and enrolled in a California public university. If undocumented, the student must sign a proclamation with his or her university to apply for permanent residency once eligible, upon which implementation is foreseen by the university. The bill was created specifically with the mentioned federal law in mind, and extends its benefits to out-of-state students by including those who attend California boarding schools or students whose parents leave California immediately following their child’s high-school graduation.
In 2007, there were approximately 1,639 AB540 students in the UC system, 72 percent of whom were already documented. The remaining 459 students signed an affidavit promising the UC system to apply for legal status immediately upon eligibility and have already taken the first steps toward residency, such as contacting a legal immigration lawyer, according to a 2008 UC report.’ These students’ tuition rates are conditional as long as they are continue toward attaining legal status and can be raised to nonresident rates if the university believes the student is taking the grace period for granted. Compared to the remaining 166,054 students with legal citizenship, limiting a handfull of ambitious students who are prepared to take on the same responsibilities and pay the same taxes that legal residents do would hurt our state’s economy rather than help it. These students are only trying to continue the public education that California taxpayers have supported their entire lives, since fundamental education (grades K-12) was declared a fundamental and protected right under a 1982 federal Supreme Court ruling. The state has already devoted so much to these students that it might as well finish the investment and collect its profits through the taxes students will pay upon residency.
In a starving system,’ it seems illogical to offer illegal immigrants monetary aid. However, raising tuition fees for illegal immigrants ‘mdash; a decision that will undoubtedly add $10,000 to $20,000 more to a college education price tag ‘mdash; would disregard the potential benefits these eventual graduates can contribute to the state. Yes, current Californians are paying taxes for their education now, but today’s undocumented students will be tomorrow’s taxpayer once eligible and earning income of their own.’ It’s unrealistic to assume that students who have not only graduated from California public high schools but also meet minimum college requirements will simply pack up and leave the country once college costs deny them a higher education. So, rather than condemn these already-motivated students to a sub-par position in society, why not cash in on the money taxpayers spent to support their primary education and give them an opportunity to excel?
While out-of-state students complain about the outrageous loans they must bear to afford a Californian education (an optional luxury in the first place), illegal immigrants are left to come up with tuition money without access to typical grants, loans and scholarships. Expecting that illegal immigrants could come up with this money is unrealistic. Most illegal immigrant families are not members of high society, and AB540 was created to lend a helping hand to these individuals: high-school students who have attended elementary and secondary schools in this state but cannot obtain an affordable college education because they are required to pay nonresident tuition rates. Without the support of the state to help them achieve, they’ll fall through opportunity’s cracks and into a lower socioeconomic status they may never escape.
Those who argue illegal immigrants should not be rewarded for violating official laws are simplifying the situation at hand. Opponents of the bill should consider that though living conditions in America may be better than those of their country of origin, illegal immigrants within the California school system don’t always choose to immigrate; rather, it’s their parents’ decision. Should children of any residency be held responsible for the actions of a previous generation?
AB540 does not encourage citizens of other countries to break the law by illegally entering America, as some argue, because they are already here as a result of someone else’s early actions. Slapping the wrist of an irresponsible party won’t bring California any closer to regulating immigration problems, but it will prevent willing and valuable potential citizens from actually benefiting the state.
Let’s face it: Illegal immigrants are in our country and we might as well follow through with taxpayers’ 13 year investments by helping them attain the higher education that they’ve been working toward all throughout our fundamental public school systems.’
While this California state law might seem to contradict U.S. federal law at first glance, the access it grants to illegal immigrants is not creating the United States’ immigration situation. AB540 is a step toward helping illegal immigrants who we deem the problem to become people who might be able to solve the problem in the future.
Readers can contact Ashley Lee at [email protected].