Immigrant tuition lawsuit cost state $175,000
8:22 a.m. Monday, July 7, 2008
It has cost the state nearly $175,000 to defend a law that allows some undocumented students to pay in-state tuition for higher education.
The law, enacted in 2004, was challenged by a group of parents and non-Kansas students represented by Kris Kobach, chairman of the Kansas Republican Party.
But a federal district court and appeals court dismissed the case, saying the plaintiffs lacked legal standing to challenge the law because they couldn’t show they were harmed. In other words, even if the law were struck down, those students would still pay out-of-state tuition rates, which are higher than in-state.
The U.S. Supreme Court recently declined to review the case.
Kobach said he was considering whether to mount another legal challenge. He said a different set of plaintiffs could be used, or the case could be filed in state court.
“No court has ever reached the merits of the lawsuit,” Kobach said.
The law allows some illegal immigrants to pay the same lower tuition rates as legal Kansans at state universities, community colleges and technical schools. The immigrant student must have lived in Kansas at least three years, graduated from a Kansas high school, and seek or promise to seek legal status.
In Kansas, 243 students are receiving the in-state tuition under the law, according to the Kansas Board of Regents. Most are attending community colleges.
The legal wrangling has cost the state $164,139, according to Ashley Anstaett, a spokeswoman for Attorney General Stephen Six. She said another $10,700 bill will be paid shortly.
The firm that had represented the state in the litigation was Spencer Fane Britt & Browne of Kansas City, Mo. But Anstaett said most of the legal work had been done in-house in an effort to reduce reliance on outside counsel.
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Comments
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Jul. 7, 2008 at 12:46 p.m. (Suggest removal)johnj21 (anonymous)
Thanks KTKA for including the cost of the instate tuition spent on those 243 students. For instance, the difference at Washburn is about 6000/yr (12hr load for 2 semesters), for a total cost of 1.45 million dollars last year. This cost is covered by US citizens and residents of Kansas. I would guess it's quite difficult for an illegal immigrant to pay taxes. As someone who paid out of state tuition for a year before moving to Kansas, this law appalls me. It is in direct violation of Federal Law Federal Law Title 8, Chapter 14, Sec. 1623 which states,
"an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit."
Therefore Kansas cannot legally charge out of state tuition to US citizens who, in fact live out of state. Rather precarious legal position if you ask me.
jjATSYMBOLjbjohnstonDOTcom
Jul. 7, 2008 at 4:13 p.m. (Suggest removal)parkay (anonymous)
Oust illegal aliens from our shores as well as our universities.
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