De Vries v. Regents of the University of California

Opinion

SEGAL, J.—

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 *579whether three California legislative “enactments” affirmatively provide “eligibility” under federal law for…