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Appeals court upholds Kansas law granting some illegal immigrants in-state tuition status
International Herald Tribune ^ | August 31, 2007 | staff

Posted on 08/31/2007 12:55:26 PM PDT by sheana

DENVER: A group of students paying higher out-of-state tuition to attend college in Kansas cannot challenge a state law allowing some illegal immigrants to pay lower in-state tuition, a federal appeals court ruled.

The ruling, issued Thursday, dealt only with whether the plaintiffs could challenge the 2004 Kansas law and did not address the merits of the law.

A trial judge in Kansas had ruled the students lacked standing to challenge the law because they did not face a "concrete and imminent" injury. A three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals agreed in its ruling Thursday

(Excerpt) Read more at iht.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events; US: Kansas
KEYWORDS: aliens; amnesty; college; courts; illegalaliens; illegals; immigrantlist; insanity; instatetuition; shamnesty

1 posted on 08/31/2007 12:55:30 PM PDT by sheana
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To: sheana
Well this does not mean the law can't be challenged. Kris Kobach will have to look for plaintiffs who have been disadvantaged and just refile the lawsuit.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 08/31/2007 12:57:13 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: sheana

What this really means is that people from any other country can receive entry into our educational institutions for less than our own people? Or is it just illegals? We really like giving our country away don’t we?


3 posted on 08/31/2007 12:59:12 PM PDT by RC2
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To: sheana
The ruling, issued Thursday, dealt only with whether the plaintiffs could challenge the 2004 Kansas law and did not address the merits of the law.

In other words the headline is pure propaganda and has nothing to do with the ruling.

Just the MSM pushing their addenda.

4 posted on 08/31/2007 1:00:31 PM PDT by Hazcat (We won an immigration BATTLE, the WAR is not over. Be ever vigilant.)
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To: Hazcat

addenda = agenda


5 posted on 08/31/2007 1:02:01 PM PDT by Hazcat (We won an immigration BATTLE, the WAR is not over. Be ever vigilant.)
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To: sheana

looks like any students in states surrounding Kansas ought to declare themselves “illegals” - I think we sould create a new category.....”illegal in Kansas but, not in the other 49 states.”


6 posted on 08/31/2007 1:06:30 PM PDT by goodnesswins (Being Challenged Builds Character! Being Coddled Destroys Character!)
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To: sheana

Pinging ICE


7 posted on 08/31/2007 1:06:50 PM PDT by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: Hazcat

Ahhhhh......thanks.


8 posted on 08/31/2007 1:06:59 PM PDT by goodnesswins (Being Challenged Builds Character! Being Coddled Destroys Character!)
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To: sheana
Yeah, I can see how citizens could lack standing on an issue like this. Thank heaven the rights of the illegal aliens were upheld. /s

It sounds to me like the plaintiffs attorney didn’t focus on the right aspect here, but then this may have been a good slight of hand by the defender's attorney that the judges bought. Either way they did buy it, and illegals get a better rate than citizens do. This is so pathetic.

9 posted on 08/31/2007 1:35:58 PM PDT by DoughtyOne ((Victory will never be achieved while defining Conservatism downward, and forsaking its heritage.))
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To: sheana

Judges...Not only condoning, but aiding and abetting criminals, alien criminals, breaking US Laws...

These judges are now criminals themselves.


10 posted on 08/31/2007 1:36:44 PM PDT by DGHoodini
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To: sheana

Illegals don’t want rights.

They want MORE Than Equal Rights.


11 posted on 08/31/2007 1:40:34 PM PDT by VOA
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To: sheana
A trial judge in Kansas had ruled the students lacked standing to challenge the law because they did not face a "concrete and imminent" injury

ever see college loans stack up on a credit report?

12 posted on 08/31/2007 1:44:39 PM PDT by Mygirlsmom (I practice Calorie Offset Trading: I eat a candy bar then pay my kid $10 to run around the block)
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To: sheana

If Kansas had passed a law that charged higher tuition for African-Americans out of state, and some of them sued because it would cost them an application fee to prove the harm, I wonder if the court would have ruled against the plaintiffs because they “did not have standing.”


13 posted on 08/31/2007 5:13:13 PM PDT by ding_dong_daddy_from_dumas (Illegals: representation without taxation--Citizens: taxation without representation)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


14 posted on 08/31/2007 11:10:33 PM PDT by gubamyster
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To: sheana

>>DENVER: A group of students paying higher out-of-state tuition to attend college in Kansas cannot challenge a state law allowing some illegal immigrants to pay lower in-state tuition, a federal appeals court ruled.

The ruling, issued Thursday, dealt only with whether the plaintiffs could challenge the 2004 Kansas law and did not address the merits of the law. <<

the people really being injured are the tax payers subsidizing the lawbreakers. It would seem the suit should come from inside the state, not outside.

If Georgia should ever do something as unfortunate and wrong as subsidizing illegals with in-state tuition, its not the people in Florida who should have a case - they pay out of state tuition no matter what. It would be the Georgia tax payers who would be getting screwed.


15 posted on 08/31/2007 11:14:02 PM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words)
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To: goldstategop

This is the kind of idiotic law that must be challenged at the ballot box.
Every pandering scumbag politician who voted for this law needs to be ejected by the voters.


16 posted on 08/31/2007 11:19:32 PM PDT by Lancey Howard
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To: RC2
We really like giving our country away don’t we?

It certainly proves that those indulging in such actions were not brought up to value it. Those who don't value our country are unfit to lead, represent or make decisions that affect it.

17 posted on 09/01/2007 6:47:40 AM PDT by NewRomeTacitus
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To: bcsco

For your AFIRE ping list. These illegal aliens officially have more rights than citizens.


18 posted on 09/01/2007 8:38:15 AM PDT by Kevmo (We should withdraw from Iraq via Tehran. And Duncan Hunter is just the man to get that job done.)
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To: spectre; truthkeeper; processing please hold; antceecee; navymom1; jaredt112; Edgerunner; ...

Photo Sharing and Video Hosting at Photobucket
This is a ping list promoting Immigration Enforcement and Congressional Reform.
If you wish to be added or removed from this ping list, please contact me.

Thanks, Kevmo. Sorry I just got to it, I've been out most of the day...

19 posted on 09/01/2007 2:10:49 PM PDT by bcsco ("The American Indians found out what happens when you don't control immigration.")
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To: Hazcat

I read the article twice and still cannot figure out the logic of the ruling.


20 posted on 09/01/2007 2:16:41 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: sheana
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324
Prev | Next

§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
(C) It is not a violation of clauses [1] (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.
(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs—
(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or
(B) in the case of—
(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
(ii) an offense done for the purpose of commercial advantage or private financial gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.
(3)
(A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
(B) An alien described in this subparagraph is an alien who—
(i) is an unauthorized alien (as defined in section 1324a (h)(3) of this title), and
(ii) has been brought into the United States in violation of this subsection.
(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—
(A) the offense was part of an ongoing commercial organization or enterprise;
(B) aliens were transported in groups of 10 or more; and
(C)
(i) aliens were transported in a manner that endangered their lives; or
(ii) the aliens presented a life-threatening health risk to people in the United States.
(b) Seizure and forfeiture
(1) In general
Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a) of this section, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.
(2) Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.
(3) Prima facie evidence in determinations of violations
In determining whether a violation of subsection (a) of this section has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
(d) Admissibility of videotaped witness testimony
Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) of this section who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.
(e) Outreach program
The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.


[1] So in original. Probably should be “clause”.

21 posted on 09/01/2007 2:26:03 PM PDT by SauronOfMordor (Open Season rocks http://www.youtube.com/watch?v=ymLJz3N8ayI)
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To: goldstategop; sheana
Taxpayers of the state should have standing to protest their taxes being used in violation of federal law

Also, as per my prior post, any university administration,

knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
could and should be prosecuted under USC Title 8 Sect 1324. I do believe that providing dorm accommodations to illegal aliens counts as "harboring" said alien
22 posted on 09/01/2007 2:31:04 PM PDT by SauronOfMordor (Open Season rocks http://www.youtube.com/watch?v=ymLJz3N8ayI)
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To: bcsco

They’re not in Kansas any more.


23 posted on 09/01/2007 4:21:21 PM PDT by floriduh voter ( Terrri Ping List: 8mmmauser DUNCAN HUNTER 4 PREZ BEST PLATFORM)
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