Suit challenges in-state tuition for illegal immigrants / LJWorld.com

Archive for Monday, July 19, 2004

July 19, 2004

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.

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"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.