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Sep 15, 2008 8:33 pm US/Pacific

Suit: Why Do Illegal Immigrants Pay Lower Tuition?

SACRAMENTO (AP) ― A state appeals court has reinstated a lawsuit challenging a policy that allows some illegal immigrants to pay lower in-state tuition to attend California's public colleges and universities.

The 3rd District Court of Appeal in Sacramento said Monday that a lower court erred in dismissing the suit brought by 42 students who paid far more to attend college because they were out-of-state residents.

At issue is a 2002 law that made any California high school graduate who attended at least three years of high school in the state eligible for in-state fee breaks, regardless of immigration status.

The plaintiffs argue the law violates a federal prohibition on higher education institutions giving benefits to illegal immigrants without offering the same break to U.S. citizens.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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