Ruling on CSU Immigrant Fees Sought

OAKLAND — An Alameda County Superior Court judge was urged Monday to permit California State University students who are illegal immigrants to continue to qualify for less costly fees granted to California residents.

“Our clients, who are undocumented immigrants, are very much fearful of not being able to continue their education, or at the very least, being subject to much higher tuition rates,” Robert Rubin, a lawyer for a group of such students, told Judge Kenneth Kawaichi.

Attorneys for the 20-campus system had asked Kawaichi to clarify its duties after a series of conflicting court decisions over the issue. CSU has taken no position on the question.

A 1985 order by the judge required all public universities and colleges in California to charge students who lack legal immigration status the same fees as other California residents. But in 1990, in a separate case involving the University of California, a state Court of Appeal held that such students could not be regarded as state residents--and that ruling was allowed to stand by the state Supreme Court.

At present, illegal immigrants at CSU are recognized as California residents, but in the UC and community college system such students are charged non-resident tuition. The difference is significant: In-state students at CSU pay fees of $936, compared to $8,316 for others.