Quote:
Originally posted by sageofages
How can a person be a "legal" resident of a specific state, when they aren't a "legal" resident/immigrant of the country?
|
You have just touched on the heart of the case, which makes sense. You are not a citizen, so you must pay out of state tuition (or whatever other international students pay).
Case opens on illegal immigrants' tuition break
BY KATHERINE LEAL UNMUTH
The Wichita Eagle
TOPEKA - Lawyers argued in federal court Tuesday whether a Kansas law granting in-state tuition to illegal immigrants is legal.
It is the first federal challenge to the law and is seen as a test case nationally on the issue. Eight other states have similar laws.
Kris Kobach, a constitutional law professor from the University of Missouri-Kansas City, is challenging the law with the support of the Federation for American Immigration Reform. They filed suit on behalf of 24 out-of-state students and parents who feel the law discriminates against them.
Kobach argued that, according to a 1996 federal law, the state doesn't have the right to offer such a residency-based benefit to illegal immigrants when it is not offered to all U.S. citizens. Only the federal government can control immigration law, he said.
"The federal government has not thrown in the towel and said, 'Go ahead, states,' " Kobach said.
He also argued that offering the benefit to illegal immigrants places a heavier burden on the state, causing tuition rates to increase.
Last fall, 30 students in the state benefitted from the law. Those students were required to sign an affidavit stating they are pursuing legal status.
The state, represented by Michael Delaney, argued that the law is worded so that it is not based on residency. The law grants in-state tuition to any student who has attended a Kansas high school for at least three years and has graduated or holds a certificate from a Kansas high school.
He also said the plaintiff students have no standing to bring the case because they are not harmed and would pay out-of-state tuition regardless of the law. They also have no private right to request enforcement of immigration law, he said.
"There isn't any basis on which the plaintiffs are suffering an injury as a result of the law," Delaney said. "This is a classic case of an interest group that is concerned and seeks to become a sort of private attorney general."
Read The Rest Here
~~~~~~~~~~~~~~~~~~~~
This leads me back to the SSN issue again. Most illegals (not just Mexicans, but I do know of others) do share SSNs. My mother is a nurse for a small husband/wife clinic who's patients are primarily of a particular immigrant group. They track patients via SSN, and she said its not uncommon to have 5 or 6 people listed under the same SSN. It is a common practice because nothing is done to prevent it.