By Susan Ferriss - sferriss@sacbee.com
Published 12:00 am PDT Tuesday, September 16, 2008

The 3rd District California Court of Appeal issued a decision Monday that challenges a state law allowing some undocumented students to pay in-state college tuition.

The appeals court reversed a decision by Yolo Superior Court Judge Thomas Warriner in 2006 that upheld a tuition law passed by the Legislature in 2001 that allows undocumented students who attended state high schools for at least three years to pay in-state tuition.

Out-of-state students had challenged the fairness of the state policy because they had to pay higher tuition for at least a year before establishing residency.

In a unanimous opinion, Justice Rick Sims wrote that the tuition policy "stands as an obstacle" to Congress' objective to limit immigrants' access to public resources.

Kris Kobach, a University of Missouri law professor who represented the out-of-state students, said it was the first time an appellate court has ruled on the issue.

The suit was filed against the University of California and the state university and community college systems.

Kobach said the universities can appeal to the California Supreme Court. No representatives of the universities could be reached for comment.