Calif. court tosses tuition policy

WASHINGTON, Sept. 17 (UPI) -- A California appellate court has thrown out a state law providing tuition breaks to illegal aliens, possibly opening the way to denial of other benefits.

A three-judge panel of the California Court of Appeals ruled unanimously Monday that the law, which permitted illegal immigrants to attend public colleges and universities at in-state tuition rates is unconstitutional because it conflicts with federal law. The panel said the law violates both the equal protection clause and privileges and immunity clause of the Constitution.

The ruling has an immediate impact on about 80,000 non-resident American students denied in-state tuition benefits in California. The court ordered they must be permitted to pay in-state tuition and be reimbursed for any higher amounts they may have already paid.

Michael Hethmon, general counsel for Immigration Reform Law Institute, said in a news release issued Tuesday that the ruling is precedent-setting. "In their ruling, the judges indicated that federal law pre-empts not only California's in-state tuition law, but all such laws across the country," he said.

Kris Kobach, another attorney for the institute, which brought the case, called it a victory for "law-abiding citizens and taxpayers."

Nine other states offer in-state tuition benefits to illegal aliens.

The California ruling will also affect many other state and local benefits currently being offered to illegal aliens, the group says.