More like a sinkhole.
The university would have to comply with numerous immigration regulations and file all kinds of documents in order to admit a foreign student. The university would also have to be responsible for the student while he was in the U.S. and make sure that the student has the required visa and paperwork to study here.
Why would Occidental College go through all of this, just to get around the Bakke decision?
I don't believe he applied as a foreign student. The mere fact that he was of Kenyan descent was plenty to give him an edge in the admissions process.
I am aware of a man born in the U.S. but whose parents immigrated here from Argentina and were U.S. citizens. They were of pure German descent. But the young man mentioned his Argentinian heritage on all his college applications. He was accepted to and attended Harvard.