Hastings Constitutional Law Quarterly


Debra Urteaga


Should undocumented students qualify for in-state tuition? In a recent decision by the California Supreme Court, the answer is "yes." California Education Code section 68130.5 provides that anyone, including undocumented immigrants, may qualify for in-state tuition if the student has attended a California high school for at least three years and has graduated from a California high school. This issue, however, has been the subject of heated controversy for some time, and certain college students went as far as to sue the Regents of the University of California for admitting undocumented students into their schools. The arguments, however, are misguided.