De Vries v. Regents of the University of California

INTRODUCTION

Federal law makes undocumented immigrants ineligible for state and local public benefits, but allows a state to “affirmatively provide[] for such eligibility” through “the enactment of a State law.” ( 8 U.S.C. § 1621 (d).) The California Constitution generally gives the Regents of the University of California plenary authority to establish rules and policies to govern the internal affairs of the University of California. The issue in this appeal is *579 whether three California legislative “enactments” affirmatively provide “eligibility” under federal law for postsecondary education benefits to qualified undocumented immigrants who attend the University of California, even though the statutes require only the California State University and California community colleges to provide such benefits. We conclude that, even though the California Constitution may preclude the Legislature from actually conferring postsecondary education benefits on undocumented immigrants attending the University of California, the Legislature has made these students “eligible” for such benefits within the meaning of the federal statute. Therefore, we affirm.

FACTUAL AND PROCEDURAL…