Supreme Court may hear case on tuition breaks for illegal immigrants

[The Northerner]

California's policy allowing some illegal immigrants to pay in-state college tuition is being challenged as a possible violation of federal law.

Reporting from Washington — California's policy of granting lower, in-state college tuition to illegal immigrants who graduate from its high schools is facing a challenge in U.S. Supreme Court from those who say it violates federal immigration law.

At issue is a little-known provision in a 1996 law that bars states from giving "any postsecondary benefit" to an "alien who is not lawfully present in the United States … on the basis of residence within a state."

Last year, in the first ruling of its kind, the California Supreme Court upheld the state's policy and said it did not conflict with federal law.

The justices in Washington may announce as soon as Monday whether they will hear the challenge or dismiss it. They may turn it away because there is no dispute among the lower courts. It is also possible the high court could ask the Obama administration for its view before deciding.

Read more: http://www.latimes.com/news/nationworld/nation/la-na-court-tuition-20110521,0,1255689.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fnews%2Fnationworld%2Fnation+%28L.A.+Times+-+National+News%29

[dkf]

1. How would that not violate the law they cited?

Seems clear cut to me. Unless they declare the federal law invalid?