> Couldn't you go AWOL and then register as undocumented? .
Well, you can't qualify for DACA without a time machine, so you'd need to estsblish eligibility under AB 540 by spending three years as a California resident attending a California high school to qualify. Having done this, you wouldn't have to pretend to be undocumented, since you'd pretty certainly lose your F-1 status. So, you'd potentially be eligible for in-state tuition—but also potentially eligible for deportation. Plus, unlike an actual good-standing F-1, you’ll have a lot harder time ever getting legal status in the US.
> Wouldn't that be discriminatory in some sense?
Of course it would; every status distinction made in law is “discriminatory in some sense.”
The relevant issue is does it fail to meet the legal standard of legitimacy of purpose and adaptation to that purpose applicable to the basis and nature of discrimination.
> Wouldn't that be discriminatory in some sense?
Of course it would; every status distinction made in law is “discriminatory in some sense.”
The relevant issue is does it fail to meet the legal standard of legitimacy of purpose and adaptation to that purpose applicable to the basis and nature of discrimination.