Equal Access Education v. Merten

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the IIRIRA provides that a public postsecondary educational institution may not grant in-state tuition benefits to undocumented aliens unless such an institution also grants in-state tuition to out-of-state United States citizens
• “[I]t does appear that Congress has preempted the field of determining alien eligibility for certain public benefits.”
• policy of Virginia post-secondary institutions in denying admission to illegal aliens was not preempted by federal immigration authority
• Personal Responsibility and Work Opportunity Reconciliation Act addresses only postsecondary monetary assistance paid to students or their households, not admission to college or university
• Personal Responsibility and Work Opportunity Reconciliation Act addresses only postsecondary monetary assistance paid to students or their households, not admission to college or university
• “The more persuasive inference to draw from § 1623 is that public post- secondary institutions need not admit illegal aliens at all, but if they do, these aliens cannot receive in-state tuition unless out-of-state United States citizens receive this benefit.”

Source: CourtListener parenthetical corpus (CC0).