"Immigrant students should not worry: yesterday's court ruling that charging undocumented students in-state tuition conflicts with federal law could not possibly take effect for a number of years."

10/16/2008

For immediate release

For questions and interviews: 
Mark Silverman, ILRC
4l5 305 8217
mark@ilrc.org

AVAILABILITY:  before 10:30 a.m.;  2 p.m. and after

September 16, 2008. Yesterday, September 15th, a state appellate court issued a decision that reversed a state law, AB 540, that grants undocumented California college students the same tuition that state residents pay is in conflict with federal law.  The appellate court's decision reversed a lower court's decision.  An article in today's S.F. Chronicle on page B1 describes this decision.

"Immigrant students should not worry: yesterday's court ruling that charging undocumented students in-state tuition conflicts with federal law could not possibly take effect for a number of  years. The case will be in the courts for a number of years.... Students should continue to study hard and go to college," stated Mark Silverman, Director of Immigration Policy at the Immigrant Legal Resource Center (ILRC).

The reason that it would be a number of years before undocumented students could lose the lower tuition is that the appellate court sent the case back to the lower court.  Even if the lower court reverse its decision, it is certain that there will be appeals for many years.  There is also a strong probability that a higher court will reverse yesterday's decision. Finally, enactment of the federal DREAM Act would permit states to grant in-state tuition.

We can provide the media with phone contacts with individual immigrant students.  If we get students' permission, we will list their phone numbers in a subsequent release.