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Martinez v. Regents of University of California | Immigration Law

Posted by Karen Pollak on Sun, Dec 12, 2010 @ 8:44 AM

The California Supreme court holds that undocumented alien students do not have to pay non-resident tuition to attend University.

This case involves a controversial subject: persons unlawfully present in this country. The California Legislature has provided that unlawful aliens are exempt from paying nonresident tuition at California state colleges and universities under certain circumstances. (Ed. Code, § 68130.5 (section 68130.5).) Congress has prohibited the states from making unlawful aliens eligible for postsecondary education benefits under certain circumstances. (8 U.S.C. § 1623 (section 1623).) Plaintiffs challenge section 68130.5‟s validity, largely on the basis that it violates section 1623. Defendants argue section 68130.5 complies with federal law.

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