Education for All

A lawsuit questioning the constitutionality of a California law which grants in-state tuition to undocumented immigrants is continuing forward in a state appellate court. Three year ago a group of out-of-state students filed a lawsuit against California’s public university and community college systems. Out-of-state students are angered that illegal immigrant students growing up in California are paying the discounted in-state rates.

Legally, states must provide K-12 education for undocumented children. For the last seven years, undocumented immigrants in California have also had access to in-state University tuition rates. The plaintiffs are arguing that federal law requires states that provide in-state tuition rates to undocumented students must offer the same for out-of-state students.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 clearly states, “An alien who is not lawfully present in the United States shall not be eligible on the basis of residence education benefit unless a citizen or national of the United States is eligible for such a benefit.”

While it’s easily understood to be unfair to provide public benefits to children whose parents are not contributing to the tax system, it’s also important to keep societal values in check. Most of these children crossed the board illegally not by choice, but by the will of their parents. It seems immoral to withhold an education from bright students because of their parents’ mistakes.

And beyond the moral duty of California, it is in the state’s economic best interest to provide more affordable higher education for these students. To ignore California’s brightest because of their parents’ actions, is an injustice that will cost our taxpayers. Recent studies have shown that providing education for immigrants keeps them out of the public welfare system and rather participating in the marketplace. The contributions such educated immigrants will make to the California economy far offsets the costs of subsidized college tuition. Immigrants will continue to come illegally into California. It only makes sense to educate and equip these new residents to be productive contributor to our society and economy.

Given the socioeconomic state of California, it’s in the state’s best interest to educate all California youth, illegal or not. Out-of-state students should think twice before complaining and instead seek out the deeper issues behind the break in tuition.