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Lawsuit challenges in-state tuition for illegal immigrants
Lawrence Journal-World (Kansas) ^ | July 19, 2004 | Scott Rothschild

Posted on 07/24/2004 7:46:02 PM PDT by Equusphile

TOPEKA — A lawsuit was filed today challenging the state's new law that would allow some illegal immigrants to pay the less expensive resident tuition rates at Kansas colleges and universities.

The lawsuit, backed by a national group that seeks to restrict immigration, alleges the new Kansas law violates the federal constitution because it gives illegal aliens benefits that are not available to citizens from the 49 states other than Kansas. Those citizens must pay the more expensive out-of-state rates.

"To quote our attorney from Washington, this is a kickass lawsuit," said Susan Tully, Midwest field director for The Federation for American Immigration Reform.

The law, which took effect July 1, gives in-state benefits to illegal immigrants who attended a Kansas high school for at least three years and graduated or earned a general educational development certificate in Kansas. The immigrants also must actively seek legal immigrant status or plan to do so when they are eligible.

The suit was filed by Kris Kobach, who is a candidate in the Republican Party primary for the 3rd Congressional District, which includes east Lawrence. The plaintiffs in the lawsuit include college students, many of whom attend Kansas University, and parents who say they are being denied reduced in-state tuition rates in Kansas universities, while those benefits are being granted to illegal immigrants.

Chris Heath, a senior at KU from Monterrey, Calif., is one of the plaintiffs.

"It is reverse discrimination," Heath said of the law.

The suit seeks to stop the law from taking effect, or to require Kansas to extend in-state tuition benefits to all U.S. citizens attending a public university in the state.

"This law is profoundly unfair to law-abiding U.S. students," Kobach said during a news conference on the south steps of the state Capitol.

The filing quickly became fodder for the 3rd Congressional District campaign. The campaign of Adam Taff, also a candidate in the race, criticized Kobach for aligning himself with FAIR, saying the group has received funding from racist groups.

"Kobach has been cautioned about FAIR's agenda, yet he still chooses to associate with the organization," Taff campaign manager Bob Zender said.

Both Kobach and FAIR representatives denied the group received donations from racist groups, and said the accusations were being made to cloud the issue about the lawsuit and immigration reform.


TOPICS: News/Current Events; US: Kansas
KEYWORDS: aliens; illegal; immigration; instatetuition
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1 posted on 07/24/2004 7:46:03 PM PDT by Equusphile
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To: big ern

bump


2 posted on 07/24/2004 7:48:49 PM PDT by TheErnFormerlyKnownAsBig (You can turn your head away from the Berg video and still hear Al Queda's calls to prayer.)
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To: TheErnFormerlyKnownAsBig

Free tuition for everyone. Al Qaeda will probably send their students here. Ph.D's in chemistry and physics will assure that Bin will have a good supply of explosives and bomb experts. Throw in some bio-chem to round out the curriculum for those interested in Anthrax and Saran. These people are playing without their marbles.


3 posted on 07/24/2004 8:09:35 PM PDT by meenie
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To: TheErnFormerlyKnownAsBig

Hi Ern, You know we have this same discriminatory gift to illegals here in Washington State, courtesy of RINO 41st District state legislator Fred Jarrett. I wish there was a group with the cajones to fight this here. Unfortunately our courts are so crooked, biased and Leftist, it would probably lose in court too. Any illegal who makes it to Washington has hit the lifelong jackpot.


4 posted on 07/24/2004 8:12:14 PM PDT by holyscroller
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To: reformedliberal

Ping


5 posted on 07/24/2004 8:35:27 PM PDT by third try
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To: Equusphile

Rather than attack the merits of the lawsuit the Rats attack the people behind it.

Typical RAT behavior.


6 posted on 07/24/2004 9:05:27 PM PDT by VeniVidiVici (Whoever lights the torch of war in Europe can wish for nothing but chaos - Adolf Hitler)
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To: gubamyster; HiJinx; Libertarianize the GOP; B4Ranch; hedgetrimmer; longtermmemmory; spodefly; ...

I thought there was a Federal law specifically stating that illegal immigrants couldn't get tuition breaks at non-private institutions of higher learning. Anyone know for sure?


7 posted on 07/24/2004 9:08:42 PM PDT by NewRomeTacitus
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To: NewRomeTacitus

I don't understand how they are able to this.


8 posted on 07/24/2004 9:10:16 PM PDT by cyborg (http://mentalmumblings.blogspot.com/)
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To: cyborg
I'm fairly certain it was in the 1996 Reform Bill. Perhaps these states are blatantly defying the law like the "sanctuary cities" do.
9 posted on 07/24/2004 9:37:05 PM PDT by NewRomeTacitus
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To: NewRomeTacitus

This is insane. Non residents and international students have to pay $$$$$.


10 posted on 07/24/2004 9:43:09 PM PDT by cyborg (http://mentalmumblings.blogspot.com/)
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To: Equusphile

FOR IMMEDIATE RELEASE
May 18, 2003

CHICAGO – In front of a packed auditorium at Benito Juarez High School in Chicago’s Pilsen neighborhood, Gov. Rod R. Blagojevich today signed into law legislation giving undocumented immigrant students in Illinois the right to pay in-state tuition rates at state universities and community colleges.

Yep. We are under dictatorship here. Help us!


11 posted on 07/24/2004 9:46:57 PM PDT by endthematrix (To enter my lane you must use your turn signal!)
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To: Equusphile
Good luck, but since the R's and D's and just about all the leadership in DC is in love with illegal immigrants, this law suit doesn't stand a snowballs chance in hell.
12 posted on 07/24/2004 9:57:49 PM PDT by jpsb (Nominated 1994 "Worst writer on the net")
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To: Equusphile

There probably is, but like not deporting these people, our government chooses to ignore those laws and enforce other ones giving them funding.


13 posted on 07/24/2004 10:14:17 PM PDT by television is just wrong
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To: Equusphile

Would giving benefits to illegal aliens be a violation of federal law which would revoke certain federal grants to univercities?

It would be akin to giving money to those that did not register for the selective service.

This is literally taking seats away form citizens and legal residents in order to reward lawbreakers.


14 posted on 07/24/2004 10:16:31 PM PDT by longtermmemmory (VOTE!)
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To: NewRomeTacitus
IF one can prove a direct injury - ie. your kid was denied a slot at a university or school because an Illegalien was preferred, you may sue the institution - or anyone else that has discriminated against a citizen - for "treble damages". I think that ststute still remains..

The problem is the lame and corrupt courts and politicians who want to undermine and deny citizens that recourse - cough, cough, (like Asa Hutchinson).

15 posted on 07/25/2004 4:12:09 AM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: Equusphile
"Kobach has been cautioned about FAIR's agenda, yet he still chooses to associate with the organization," Taff campaign manager Bob Zender said.

So if your policy indefensibly sucks, make accusations that have little relevance. What a crooked pol.

16 posted on 07/25/2004 4:16:05 AM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: TheErnFormerlyKnownAsBig

The same distorted rational applies to the medical treatment of illegals. They visit a hospital emergency room for medical care, and pay nothing. Yet, the working schlub (me) pays extraordinary hospital expenses.


17 posted on 07/25/2004 4:46:27 AM PDT by Imagine
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To: NewRomeTacitus
Where there is a compassionate caring liberal involved who needs laws? Laws just get in the way of doing the "Right (left speak for LIBERAL) Thing." But the fact that we are saying hey wait a minute this is in violation of federal law they'll screech that we are doing the "Wrong Hateful, Racist, Bigoted, Xenophobic Thing." In other words following the law and doing what is the morally correct action.
18 posted on 07/25/2004 8:27:07 AM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: Equusphile

It is outragoues that illegal aliens -- who are criminals, very often the worst kind -- should get special perks. They should not even be in this country, should certainly not be allowed into any public school.


19 posted on 07/25/2004 8:57:44 AM PDT by Dante3
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To: NewRomeTacitus
I thought there was a Federal law specifically stating that illegal immigrants couldn't get tuition breaks at non-private institutions of higher learning.

That's the way it's supposed to be. The Dream Act is trying to undo that provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Congress: AgJOBS, Dream, Solve
Migration News, UC Davis
June 26, 2004

DREAM ACT - There were an estimated 1.3 million unauthorized children in K-12 schools in 2002; about 65,000 a year graduate from high school, and 13,000 are believed to be enrolled in public colleges and universities. The pending Development, Relief and Education for Alien Minors Act (S1545) would allow states to offer in-state tuition to unauthorized foreigners.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 says, "An alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state (or political subdivision) for any postsecondary education benefits unless a citizen or national of the United States is eligible for such a benefit ... without regard to whether the citizen or national is such a resident."

Eight states, including California, Illinois, New York and Texas, allow unauthorized graduates of their state's high schools to attend college at in-state tuition rates. Kansas adopted an in-state tuition law in May 2004, and Delaware and Georgia permit in-state tuition via administrative action.

The Dream Act also includes a two-step legalization process for unauthorized children who entered the United States before their 16th birthday and lived in the US at least five years, had maintained "good moral character," and graduated from high school or enrolled at a US college. Such unauthorized foreigners could become temporary legal residents and, after six years, they would be eligible to become immigrants if they had completed at least two years of college or served for at least two years in the U.S. military.

SNIP

20 posted on 07/25/2004 11:32:04 AM PDT by DumpsterDiver
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