Citizenship confers certain rights and privileges. That's why so many of California's legal immigrants were incensed when Gov. Gray Davis signed a bill enabling illegal aliens to get driver's licenses. Legal immigrants should be no less offended if he signs a bill waiving community college fees for poor students who have entered the country illegally.

Sen. Martha Escutia, D-Norwalk, who carried the measure, contends that waiving community college fees for illegal immigrants will pay cultural and economic dividends. She believes that giving these residents a helping hand will provide them with the skills they need to become productive members of society. Her measure would require that recipients of the fee waiver be in the process of applying for citizenship, that they have attended California high schools for at least three years and possess a diploma or equivalent degree from an in-state school.

California's community colleges currently require students to complete a registration form, which includes their citizenship and residency status. But the colleges seek this information solely to ascertain the appropriate fee schedule.

It's one thing to allow undocumented residents to attend the state's low-cost community colleges as long as they pay their way. It's quite another to give them a free ride, especially when the fees were just increased from $11 to $18 per hour for California residents. Some of these legal residents cannot afford to take classes.

Apart from the unfairness of treating legal and illegal students the same, Escutia's bill would compound the financial strain on the cash-starved community college system. Why should Sacramento, which has been shafting community colleges for decades, be expected to cover the costs of educating poor students who are here illegally? Why, indeed, when the state is in the throes of an unprecedented budget crisis?

Escutia's bill enables colleges to receive 2 percent of the waived fees to cover administrative costs. Under the current system, the remainder goes to Sacramento, which is supposed to make the colleges whole since they are not allowed to retain fees. But the state keeps reneging on its promise. A bill by Assemblywoman Lynn Daucher, R-Brea, that would have eliminated this unfair arrangement died in committee. So much for Sacramento's commitment to chronically underfunded community colleges.

Some 22 percent of community college students statewide currently receive fee waivers. San Diego County has more than 47,000 waiver recipients. That's not surprising, given that the economically disadvantaged gravitate to these schools. This educational opportunity should not be compromised by an open-door policy for poor illegal immigrants. Gov. Davis should veto Escutia's bill.