- YES illegal immigrants can pay in-state tuition source
- » Score one for state’s rights. In 2002, California passed a law allowing illegal immigrants at California public universities to pay in-state (read: cheaper) tuition, so long as they’d applied to legalize their immigration status. Plaintiffs argued that federal law, which bars illegal immigrants from gaining “any postsecondary education benefit,” trumped California’s law. But the California Supreme Court disagreed, allowing California universities to continue its policy. The decision was unanimous, and also allows California high school grads who reside in other states to qualify for in-state tuition.