Topeka ? Legislators who want to crack down on illegal immigration are changing their strategy for getting something passed.

Lawmakers spent a lot of time earlier this year debating an immigration mega-bill but failed to pass it. Next year, supporters have decided, smaller might be better after lawmakers reconvene Jan. 12, especially with a looming budget crisis likely to dominate the 2009 session.

Rep. Lance Kinzer, who pushed this year’s big bill, says he’ll focus on specific issues, including repealing a state law providing lower, in-state tuition at state universities and colleges to some illegal immigrants.

“Starting out with goals that are achievable is a good way to start and may give us a chance to go with some bigger things,” the Olathe Republican said. “Going down the road on passing another comprehensive bill, we end up closer to where we were last session, with gridlock.”

Hispanic groups contend the federal government should address illegal immigration. But many states have grown weary of waiting on Congress.

“The worst type of immigration enforcement is one that varies from state to state,” said David Ferreira of the U.S. Hispanic Chamber of Commerce in Washington. “It diminishes commerce and makes families fear for their livelihoods.”

A 2004 Kansas law allows qualified illegal immigrants to attend a state university, community college or technical college and pay the same tuition as legal Kansas residents. To qualify, the immigrant must graduate from a Kansas high school and either be seeking legal status or planning to do so when eligible.

About 170 students are taking advantage of the policy.

“It’s bad public policy and it needs to be repealed,” Kinzer said. “We have a new Legislature, so there is always an opportunity with new members for the votes to change.”

California action

Kinzer also noted that in September, the California Court of Appeals reinstated a lawsuit against a similar law in that state, with the opinion containing language seen as favorable to a challenge.

Kris Kobach, a University of Missouri-Kansas City law professor who specializes in constitutional and immigration issues, has been helping Kinzer draft legislation. Kobach was the lead attorney in the California case.

“This is important to Kansas because it was virtually identical to the California law, almost word for word,” said Kobach, who’s also state GOP chairman. “Now we have an authoritative ruling and this will answer questions by some legislators about whether this is legal.”

Kobach said Colorado, Missouri, Oklahoma have passed laws cracking down on illegal immigrants.

“Kansas now is the illegal immigration magnet of the Midwest because we have nothing on the books to discourage immigration and the one thing on the books to encourage them, in-state tuition,” he said.

But Luis Figueroa of the Mexican American Legal Defense and Educational Fund in San Antonio said Oklahoma’s economy was hurt by its new laws.

“The fear the legislation generated among the Latino community caused Latinos to leave Oklahoma, legal or otherwise,” he said. “Many were U.S. citizens who didn’t want to be targeted so they just left.”

Other goals

Other goals for Kinzer are requiring law enforcement officers to be trained by federal officials to assist in enforcing immigration laws and mandating citizenship checks for anybody arrested.

Kinzer also wants to create a legal presumption that an illegal immigrant is a flight risk. He said that would mean in most cases, the court wouldn’t set bail.

“They bond out and you never see them again,” he said.

The major problem with this year’s bill was disagreement over requiring employers to use the federal E-Verify database to see whether new hires are legally in the country.

Business and agriculture groups balked, saying it turned employers into immigration police and that E-Verify was unreliable.

“We’re not trying to create a loophole, but we want to make sure businesses aren’t unfairly penalized when they follow the law and try to do the right thing,” said Amy Blankenbiller, president of the Kansas Chamber which was part of the coalition.