The plaintiff, who is represented by Judicial Watch, alleges the University of California Regents’ policy directly violates federal law. The federal “Personal Responsibility and Work Opportunity Reconciliation Act” prohibits state and local governments, as well as the federal government, from giving illegal alien public benefits. The law, however, contains an exception that allows states to give public benefits if a state legislature passes a statute that affirmatively grants eligibility to illegal aliens.
Because the University of California Regents is an independent entity, not controlled by the State Legislature, the Plaintiff claims the California Regents is acting without authority by spending taxpayer dollars on illegal alien tuition benefits. Indeed, the California State Legislature passed three statutes to grant illegal aliens tuition benefits. These laws, however, only apply to the California State University and California Community Colleges. The California State Legislature has not enacted any laws to allow illegal aliens to receive tuition subsidies at the University of California.
“Taxpaying California citizens deserve to have their hard-earned money spent lawfully,” said Earl De Vries, the plaintiff in the lawsuit. “What the Regents are doing is not only illegal, it’s unfair to taxpayers,” he added.
Oral arguments in the California Court of Appeal case begin November 3, 2016.