GreekChat.com Forums - Kansas and Immigrant Tuition Rates

Quote:

Kansas immigrant tuition case tossed out
Thursday, Jul 7, 2005

By Doug Thompson
Arkansas News Bureau
[...]The lawsuit was dismissed on Tuesday on the grounds that the bill opponents who brought the action had no legal standing. The case was brought by students from outside Kansas, among other groups.

"Prior to the passage of the law, plaintiffs paid out-of-state tuition," U.S. District Judge Richard Rogers said in his ruling. "With the passage of [the law], plaintiffs continue to pay out-of-state tuition. The law passed by the Kansas Legislature does not apply to the plaintiffs, and the plaintiffs have made no argument that it does."

stuff about statement from Federation for American Immigration Reform (FAIR)

Quote:

Dan Stein, President of FAIR, today called the decision by U.S. district Judge Richard D. Rogers, an appalling exercise in judicial activism, "taking a blatantly illegal state law and using various procedural obstacles to keep these young people from having their day in court."

An appeal to the lawsuit is already planned, says FAIR.
(i'm not exactly sure what he means. more about That Guy)
According to Stein, "this decision is especially troubling in that Judge Rogers decided to use brazen procedural roadblocks to uphold a state law clearly prohibited by Congress under federal law. The federal statute is clear," says Stein.

In-State Tuition section from FinAid.org

Quote:

There is a conflict between Federal and State law regarding the eligibility of undocumented students for in-state tuition rates.

Federal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."

[...]This controversy is unlikely to be resolved until the US Supreme Court hears a case concerning it [...] Most likely the decision will focus on the Equal Protection Clause of the 14th amendment of the US Constitution, as did the decision in Plyler v. Doe, 457 US 202 (1982). It will also likely overturn state laws, regardless of whether they provide in-state tuition to illegal immigrants or ban it, since the authority to regulate immigration belongs exclusively to the federal government. It might also find that offering reduced in-state tuition to state residents is unconstitutional. (is this is what Stein was referring to as the "blatantly illegal state law?")

pending legislation in the House [Student Adjustment Act (HR 1684)] and Senate [Development, Relief and Education for Alien Minors (DREAM) Act (S 1545)] that would repeal the Federal restriction and make college more affordable for illegal aliens.

i doubt that the supreme court would find that reduced in-state tuition for residents are unconstitutional. but what do i know?...i wear velcro-strap shoes, and watch cartoons.

i think that non-citizens should pay out-of-state tuition. FinAid says, "Another potential source of financial aid is private scholarships. There are a few private scholarships for undocumented students that do not require the student to be a US citizen or resident or have a social security number in order to apply."

I'm sure there are citizens in Kansas that would fund scholarships for non-citizens. after they graduate college and become citizens, Kansas will have that many more intelligent, well-rounded, educated, tax-payers. like 18-yr-old Jorge, who plays the soccer, is a guitarist at his church and volunteers with cancer patients at a local hospital. His dream job: electrical engineer.

Maybe he'll one day engineer the electric fence that stops illegal aliens. or a tiny robot in work visas that pokes the immigrant until they get it renewed or cross the border.