By what logic do these guys get to qualify for in-state tuition? They’re quite literally international students.

The College Fix has the story:

Lawsuit Seeks to Stop Grants, Aid from Going to Undocumented Students

Judicial Watch Inc. has filed a lawsuit against the University of California Board of Regents seeking to put an end to “in-state tuition and financial aid to undocumented students.”

The Daily Bruin reports:

The lawsuit, filed on behalf of Earl De Vries who was a former Republican candidate in the California State Senate, claims that federal law prevents undocumented immigrants from receiving state or local benefits such as in-state tuition for the UC, according to a press release Thursday.

Under the U.S. code Title VIII. 1621, undocumented immigrants are ineligible for state benefits unless the state has enacted a law that provides eligibility for those benefits. The lawsuit alleges that California has not enacted such a law for the UC.

About 900 students at the UC are identified as undocumented as of 2013. The lawsuit estimates that about $30 million is given to undocumented students every year.

The suit appears to face an uphill battle as Assembly Bill 540, which was passed in 2001, “grants in-state tuition for undocumented students and applies to the California State University and California Community Colleges systems.”

AB 540 was previously challenged in 2006, and was upheld by the California Supreme Court in 2010. The current challenge claims that “that those voluntary (UC) adoptions of state laws do not equal to actual state laws that make undocumented students eligible for in-state tuition.”