The decision will affect 112 community colleges as well as 33 universities and two independent postgraduate schools in California's public postsecondary education system.
The decision essentially reinstates a California state law, which was implemented in January 2002, which states that persons who have ''filed an application to legalize his or her immigration status'' can receive in-state tuition ''without lawful immigration status,'' should they qualify in other ways.
Christine Helwick, General Counsel for California State University system, was enthusiastic about the ruling, stating: ''[The decision] appropriately expands access and educational opportunities to all legitimate California high school graduates.''
Opponents of the decision pointed to existing federal law which states that illegal immigrants are not eligible ''for any postsecondary education benefit'' if other United States citizens did not receive the same benefit.
The court stated that U.S. citizens, who are not citizens of California, were eligible to obtain in-state tuition rates, provided that they were enrolled in a California high school for three or more years, and graduated or obtained their GED in the state.
The court concluded that obtaining in-state tuition rates ''is not based on residence in California. Rather, it is based on other criteria.''
