The repeal's sponsor, Rep. Glenn Donnelson, R-North Ogden, said, "It's just flat out against the law. I don't think the state of Utah can afford a lawsuit."

In the 2004-05 school year, Utah's nonresident students paid an average $8,379 more in tuition and fees than those paying in-state rates.

The California suit filed Wednesday in Yolo County Superior Court claims that it's against federal law to give illegal immigrants "any post-secondary benefit" unless that benefit is also available to all U.S. students. The suit also claims the tuition waiver violates the out-of-state student's constitutional rights and state civil rights.

Ricardo Vazquez, spokesman for the University of California, said attorneys had yet to review the lawsuit. In 2004-05, 70 percent of the 1,339 students who received the tuition benefit system wide were U.S. citizens or legal residents, Vazquez said.

"We believe that our policies are consistent with federal law," he said. "The tuition benefit is not based on residency status."

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E-mail: dbulkeley@desnews.com