California Supreme Court

Robert Martinez, Plaintiffs and Appellants v. Regents of the University of California, Defendants And…

November 15, 201050 Cal. 4th 1277

Summary

The court held that California's tuition exemption for certain students lacking lawful immigration status is not preempted by federal law because eligibility is based on California high school attendance and related criteria, not residence. The exemption also satisfies the federal requirement that a state law affirmatively provide eligibility and is not impliedly preempted. The court further rejected a challenge under the Fourteenth Amendment's Privileges or Immunities Clause and reversed the Court of Appeal's judgment.