Martinez v. Regents of the University of California, was decided today in favor of the University of California in California Supreme court. The issue at hand was brought by parents of US citizens who are non-residents of California (and thus, must pay out-of-state tuition fees at California Universities), who allege that the policy of allowing in-state residents who are not legally in the U.S. to pay the lower in-state tuition rate violates federal immigration policy and is discriminatory to US Citizens who are non-residents.

California law, allows students who attended California high school for a minimum of three years, including undocumented immigrants, to pay the lower tuition rate that California residents pay. Undocumented immigrants receiving the exemption must also promise to actively seek U.S. citizenship.

The California Supreme Court unanimously upheld this California law.

The plaintiff, Martinez, argued that under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Congress prohibits states from granting postsecondary education benefits to unlawful aliens on the basis of state residence, unless the same benefit is given to all U.S. citizens without regard to residence. The plaintiff also claimed the Privileges or Immunities Clause, arguing that California has denigrated U.S. citizenship and placed U.S. citizens in a legally disfavored position compared to that of unlawful aliens.

Ultimately, the case boiled down to simple rules of fact. California law did not treat U.S. students from out-of-state worse than it treated unlawful aliens, because in-state tuition is available to all who qualify.

K12 Education for illegal immigrants costs California approximately $7.7 billion per year according to Breaking the Piggy Bank: How Illegal Immigration is Sending Schools Into the Red. The article says, “Defenders of illegal aliens assert that the cost of educating illegal alien students is offset by the taxes paid by their parents, but study after study shows that immigrants cost taxpayers much more in public services used than they pay into the system via taxes.  This is particularly true of illegal immigrants, who are disproportionately low-skilled and thus low-earning and are much more likely to be working in the underground economy or providing contractual services and not withholding taxes.”

By providing in-state tuition to residents who are not legally in the U.S., this changes the playing field for a demographic that is thought of as a low-skilled burden on society.  A college education can be the catalyst for change that enables this population to become high skilled tax paying citizens in California.