pllc_pollak_logo_orange

Martinez v. Regents of University of California | Immigration Law

Posted by

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.

Download Ruling

Immigration questions?  We have answers.  Free consultation available | 800-969-5529

Related Posts

Leave Of Absences & Work Visas

Leave Of Absences & Work Visas

H1B visas are nonimmigrant visas that give noncitizens the ability to work in a specific job for up to three years. Employees and employers must understand that a leave of absence ...

Questions & Answers: Information for Adoptive Parents of Paroled Haitian Orphans

Questions & Answers: Information for Adoptive Parents of Paroled Haitian Orphans

How Do I Qualify for an H-1B or Specialty Occupation Visa?

How Do I Qualify for an H-1B or Specialty Occupation Visa?

Immigration attorney Karen-Lee Pollak explains how to legally work in the United States with an H-1B visa.