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Undocumented students' college aid in jeopardy
SF Chronicle ^ | September 16, 2008 | Tanya Schevitz

Posted on 09/16/2008 3:41:02 PM PDT by Oldeconomybuyer

A state appellate court has put a financial cloud over the future of tens of thousands of undocumented California college students, saying a state law that grants them the same heavily subsidized tuition rate that is given to resident students is in conflict with federal law.

In a ruling reached Monday, the state Court of Appeal reversed a lower court's decision that there were no substantial legal issues and sent the case back to the Yolo County Superior Court for trial.

"It has a huge impact," said Kris Kobach, an attorney for the plaintiffs and a law professor at the University Missouri at Kansas City. "This is going to bring a halt to the law that has been giving in-state tuition to illegal immigrants."

He said it is a big win for California taxpayers who have been subsidizing education for undocumented immigrants. [snip]

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: academia; aliens; highereducation; illegal; immigrantlist; immigration; instatetuition; judiciary; lawsuit; mexico; preferences

1 posted on 09/16/2008 3:41:04 PM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

Awww Ah feel their pain. LOL


2 posted on 09/16/2008 3:45:23 PM PDT by cripplecreek (Voting Conservative isn't for the faint of heart.)
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To: Oldeconomybuyer

El tough-o hop-o......


3 posted on 09/16/2008 3:45:45 PM PDT by ButThreeLeftsDo (Fight Crime. Shoot Back.)
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To: Oldeconomybuyer

When this hits the local paper , the mierda in gonna hit the tortilla


4 posted on 09/16/2008 3:54:54 PM PDT by Cyman
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To: Oldeconomybuyer
Their aid's in jeopardy... baby.

Hard cheese. Go home if you don't like it.

5 posted on 09/16/2008 3:54:56 PM PDT by skeeter
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To: All

I am correct in remembering that this Federal Law (that the CA one conradicts) dates from 1998 - signed into law by the Slick Meister?

The SF paper missed out giving a complete reference to the Federal Law...


6 posted on 09/16/2008 3:54:58 PM PDT by az_gila (AZ - need less democrats)
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To: Oldeconomybuyer; BGHater; AmericanInTokyo; VRWC For Truth; calcowgirl; indylindy; roamer_1; ...
He said it is a big win for California taxpayers who have been subsidizing education for undocumented immigrants.

If I were an international student, I would skip California public universities entirely for this very reason. Foreign residents who go through the legal process to study in the U.S. do not get this subsidy and are exempt from all federal, state, and institutional aid.

The message is clear: flagrantly violate the law and get a reward, follow the law and be forced to subsidize those who violate the law.

7 posted on 09/16/2008 3:56:18 PM PDT by rabscuttle385
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To: Oldeconomybuyer

No sympathy here. GO HOME!


8 posted on 09/16/2008 3:58:58 PM PDT by diverteach (http://foolishpleasurestudio.com/eyewool/slap_hillary.html)
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To: az_gila; Iron Munro
Hat tip to Iron Munro
In-state tuition for illegal aliens is a violation of Federal Law. Federal Law Title 8, Chapter 14, Sec. 1623 states:

"an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit."

Aliens and Nationality - 8 USC Section 1623

Sec. 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits

(a) In general
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) Effective date
This section shall apply to benefits provided on or after July 1, 1998."

13 posted on Tuesday, September 16, 2008 3:08:58 PM by Iron Munro (The Alaskan landscape is littered with the bodies of those who have crossed Sarah Palin)
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9 posted on 09/16/2008 3:59:30 PM PDT by BGHater (Democracy is the road to socialism.)
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To: Oldeconomybuyer
A state appellate court has put a financial cloud over the future of tens of thousands of undocumented California college students

Their financial future in the U.S. is supposed to be cloudy. In fact, it's supposed to be downright dark, as in non-existent.

Time to go home, undocumentados. Lots of wonderful universities there, so I'm told. And everyone speaks Spanish! No more ESL classes....great, huh?

And maybe our kids will get the damn schooling we paid for.

10 posted on 09/16/2008 4:02:37 PM PDT by Regulator (Obama = Mugabe)
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GTFO.


11 posted on 09/16/2008 4:04:20 PM PDT by CE2949BB (McCain/Palin 08)
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To: Oldeconomybuyer

“”It’s very shocking. It worries me,” said Gesel, 25, a community college student who already works to afford to go to school part-time at West Valley College in Saratoga. “It would affect how many courses I take. I’m saving money now to go to a four-year school, but if I had to pay as an (out-of-state) student, I couldn’t do it.”

Gesel, who declined to give her last name because of her immigration status, has lived in California since she was 9 but is an undocumented immigrant from Mexico with no path to legal status under current immigration laws. “

how the heck is she working? fake id? stolen id?


12 posted on 09/16/2008 4:09:27 PM PDT by machogirl
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To: machogirl
how the heck is she working? fake id? stolen id?

She took a Matricula Consular to the Department of Mexican Voters Motor Vehicles, got a perfectly legitimate CA DL, a voter registration card and a form to permanently register for absentee ballots.

13 posted on 09/16/2008 4:18:44 PM PDT by null and void (When you bang your forehead on the ground five times a day, you get brain damage.)
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To: machogirl
how the heck is she working? fake id? stolen id?

You don't need an ID for some lines of work.

14 posted on 09/16/2008 4:19:41 PM PDT by CE2949BB (McCain/Palin 08)
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To: Oldeconomybuyer
Well damm... I guess these law breakers should show California the door and move to a state with more realistic tuition and no taxpayer funded other hand outs. Maybe the queers in Frisco could have a fund raiser to buy bus tickets for their road trip...
15 posted on 09/16/2008 4:38:22 PM PDT by tubebender (Now buying taglines. Please apply within...)
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To: Oldeconomybuyer

“undocumented California college student”

And bank robberies are “unauthorized cash withdrawls.”


16 posted on 09/16/2008 4:45:56 PM PDT by yazoo
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To: Oldeconomybuyer

This new ruling is clearly correct and just. Community organizers all over California will yell it’s a “racist” decision.


17 posted on 09/16/2008 5:52:39 PM PDT by Seeing More Clearly Now (Beware of Obama bearing gifts! Don't bring Trojan Horse Obama into the White House.)
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To: Oldeconomybuyer
What federal law says if a state elects to grant a benefit to illegal aliens it must grant such a benefit on equal terms to U.S citizens or nationals.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

18 posted on 09/16/2008 9:57:31 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Oldeconomybuyer

Good. Its bad enough when we turn a blind eye to criminals but its a lot worse when we actively coddle them and reward them for lawbreaking.


19 posted on 09/17/2008 11:14:30 AM PDT by DemonDeac
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To: null and void

(lol)


20 posted on 09/17/2008 9:22:41 PM PDT by machogirl
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To: CE2949BB

and of course since she can’t work her legally, she’s going to take her degree back to her home country to make things better there........../s


21 posted on 09/17/2008 9:23:56 PM PDT by machogirl
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