In the Courts

Within the past year, an immigrant by the name of Giancarla Rojas and six others filed a lawsuit against the State Council of Higher Education for Virginia arguing their qualification for in-state tuition as long-time residents of Virginia. Rojas attends a community college in Arlington, Virginia and wants to attend George Mason University. However, the in-state tuition does not apply to her immigration status, making the price too high for her to afford.The case has not yet been decided, and focuses specifically on those who are under the Deferred Action for Childhood Arrivals program under the Obama administration, debating the question of immigrant qualifications.

Giancarla Rojas

Due to the landmark 1982 Plyler v. Doe Supreme Court decision, states are required to provide all students with K-12 public education, regardless of students' immigration status.

In 2005 and 2006, two cases, Day v. Sibelius and Martinez v. Regents, brought to appellate courts in Kansas and California respectively, challenged the granting of in-state tuition benefits to undocumented students. Plaintiffs in both cases argued that the legislation violated federal immigration laws and the Equal Protection Clause. Both cases were dismissed on the grounds that the plaintiffs failed to prove that the law injured them personally. The plaintiffs in California appealed the decision; in 2008, the appellate court overturned the prior decision and ruled that the California law granting in-state tuition to undocumented students violated federal law. The case is now waiting to be heard by the California Supreme Court.