Posted on 07/05/2005 3:56:06 PM PDT by jackbenimble
TOPEKA — A federal judge today dismissed a lawsuit challenging a Kansas law that allows eligible undocumented aliens to receive in-state tuition at state colleges and universities.
U.S. District Judge Richard Rogers wrote in his decision that 24 out-of-state students at Kansas universities did not have the right to challenge the law. The lawsuit was financed by the Washington-based Federation for American Immigration reform.
At least seven states have similar statutes and the Kansas lawsuit was considered the first test case whose outcome could have a national impact.
Kris Kobach, attorney for the plaintiffs, argued that the state law violated two federal laws enacted in 1996 that prevent states from offering illegal immigrants residency-based benefits that aren’t available to U.S. citizens.
The judge concluded, however, that the students who filed the lawsuit hadn’t suffered any harm because of the Kansas law and didn’t have a cause of action.
He wrote in his decision that nothing in federal law gave them the private right to challenge the state law.
Rogers did not address many of the arguments Kobach presented.
“The decision on what to do concerning the education of illegal aliens at the postsecondary level in our country is indeed significant,” the judge wrote. “That decision, however, is probably best left to the United States Congress and the Kansas Legislature.”
The Kansas law offers the lower in-state tuition rate to undocumented immigrants who attend a Kansas high school for three years and obtain either a high school diploma or Kansas-issued GED. The students must sign an affidavit saying they plan to apply or are applying for U.S. citizenship.
It was passed during the 2004 legislative session.
Illegal immigrant tuition ping please.
voters of Kansas must change the legislature then.
What amazes me is how liberal the Kansas legislature is
I am beyond words. No harm done to the citizens? Ludicrous.
The floodgates have just opened.
I think the illegal immigrants should be invited to the judges house for a dinner and a back slapping with their good friend the judge.
I agree, Kanas should repeal the illegals get tutition breaks us citizens don't get. The law is obscene but the judge is correct, it is a matter for Kaunas to fix.
Eligible illegal aliens? Is this a joke
U.S. District Judge Richard Rogers wrote in his decision that 24 out-of-state students at Kansas universities did not have the right to challenge the law. The lawsuit was financed by the Washington-based Federation for American Immigration reform.
This is a little confusing. Are the 24 out of state students, American citizens? Is so, why wouldn't they have right to do this? Clearly, this harms most everyone.
Even the corrupt NC legislature didn't pass the illegal immigrant tuition bill! I'm sure they will next session however...
ping
I agree, Kanas should repeal the illegals get tutition breaks us citizens don't get. The law is obscene but the judge is correct, it is a matter for Kaunas to fix.
Bravo Sierra. The 1996 Immigration Act (Federal Action) clearly states that reduced rates are illegal when it says no breaks for illegal aliens. The Feds have acted, and this Federal judge just allowed the State of Kansas to thumb its nose at the Feds and those out of state students at KSU who are required to pay higher out-of-state tuition rates.
That is not equality under the law...that's special interests gaining a financial advantage.
A nation without borders is not a nation." - Ronald Reagan
If citizens applied to KU, and were notified that they must pay out of state tuition rates, then that is damage enough.
I suspect not just a Clinton appointee, but a political back room deal. This dismassal simply smells.
doesn't suprise me really, I live in Kansas, soon to be renamed Mexico North.
To give you an example, I just got home, but after work I went to the grocery store and then stopped by a fast food drive through.
At the grocery store they recently switched to bouncing mariachi music throughout the store, and they are focusing on their hispanic maarket. Most of the products are bilingual, about a quarter in spanish only.
This has happened in the last 12 months.
The little ads in the paper are spanish only now too....So basically I have to translate the spanish only advertising circular when shopping. I just go by the picture and the price. "Pollo 2.39. Cerdo 2.89", etc. etc.
I've gotten used to this by now. You see, sometime in the last decade someone stole my country and replaced it with a banana republic.
On the drive home I was lazy so I went to Burger King. "Bienveniedo a Burger King, ?Tu quiero el numero uno?"
"Uh, No, I'd like the number one, the whopper with cheese.... And a Coke"
"Si, senor, el numero uno, whopper, con queso y grande Coca ."
"...whatever...."
This is everyday life here in fly over country.
The Republican party will have no idea what hit it when the Dems or a third party jumps on the immigration issue.
He's probably angling for a Supreme Court position....
A failure to have legal standing???
Since we don't . .
In Kansas?
I live 15 minutes from the border in Arizona, and the only place I see ads in Spanish is at the one grocery store that caters to the Mexicans, Basha's El Mercado.
What a mess...
it's a critical mass thing. The immigrants follow the packing plant jobs. As soon as a plant opens they flock. Then another plant comes, due to the ready made work force. Then bam, within about 5 years the community flips to majority hispanic. Then the radio stations, entertainment, everything transforms....kinda wierd to watch. I have witnessed this in 2 Kansas towns thus far...
To be expected. After all, the land of Dorothy, Toto and the Tin Man.
While America celebrated its birthday a black robe affirmed the involuntary sphere of socialism to include a criminal class. Thieves in the night have greater moral character.
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