A 1996 federal law addressing illegal immigration included a provision affecting state residency requirements for in-state tuition rates, traditionally a matter of state law. Now, states are prohibited from offering in-state tuition rates to unauthorized immigrant students unless other U.S. citizens are eligible for the same rate. Since 2001, more than 20 states have introduced bills addressing in-state tuition for undocumented immigrants. Seven states have established new residency standards allowing unauthorized immigrant students to receive in-state tuition under certain conditions. Students without legal immigrant status continue to be ineligible for federal financial aid, although states are required to provide K-12 public education as a result of a 1982 Supreme Court decision.
Lawmakers watching Kansas tuition lawsuit
BY KEVIN O'HANLON / The Associated Press
With a legislative proposal pending to allow children of illegal immigrants to pay in-state tuition while attending Nebraska's public colleges, lawmakers are watching a federal lawsuit challenging a similar law in Kansas.
The lawsuit was filed last year in U.S. District Court in Topeka after the Kansas law was passed. It was filed on behalf of the Federation for American Immigration Reform and 24 university students who allege the tuition policy violates federal law, the U.S. Constitution and rewards illegal immigrants for being in the United States illegally. More Session 2005 stories
"It is the intent of Congress, as well as a compelling government interest, to remove the incentive for illegal immigration provided by the availability of public benefits," the lawsuit says. "It is a national policy that aliens within the nation's borders do not depend on public resources to meet their needs and that the availability of public benefits should not constitute an incentive for immigration to the United States."
The Nebraska measure (LB239) was introduced by Sen. Diane Schimek of Lincoln.
She said while there is a chance the Kansas lawsuit could adversely affect her bill, Schimek noted that eight states have passed such laws without objection from the federal government.
"I don't think the federal government thinks there's a problem with states doing this," she said. "I think you can make a very compelling argument that it's up to the states" and is not a federal issue.
Schimek's proposal has won the support of the University of Nebraska Board of Regents.
The bill would require illegal immigrants to be pursuing or promise to pursue legal status in order to take advantage of in-state tuition.
Supporters of the measure say the students who would be helped by the bill didn't choose to enter the country illegally and shouldn't be punished.
The Kansas lawsuit, which is scheduled for a hearing April 25, was filed last year by conservative Republican Kris Kobach, who lost his bid for a congressional seat in November.
Others also have criticized the Kansas law.
Kansas state Sen. Phil Journey, R-Haysville, has said the law is "an unfair burden on taxpayers to support illegal status."
Kansas Attorney General Phill Kline has distanced himself from the defense of the law. Kline said earlier that his office's civil litigation division will handle the state's defense in a federal lawsuit. He said its attorneys will report to Dave Davies, deputy attorney general for civil litigation, instead of Kline.
Kline said he is concerned efforts granting such in-state tuition will diminish the value of legal immigration. He also said a state-by-state approach to immigration issues is ill-advised.
Schimek's bill has not been designated a priority measure by any lawmaker, meaning it is unlikely to advance out of the Education Committee or be debated on the floor this session.
If it does not get killed by the committee, it would be eligible for debate next year.
Schimek said she will likely prioritize the measure next year.
"I want to prioritize this bill in the worst way," she said.