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Tuition Break for Some Kansas Undocumented Immigrants Stands

by Associated Press , July 9, 2008

TOPEKA, Kan.

Critics of a law giving some undocumented immigrants a tuition break at state universities and colleges are promising to keep challenging it, despite a recent legal setback from the U.S. Supreme Court.

The high court has refused to consider the appeal of six parents and 18 non-Kansas students who attacked the law in court. They had hoped to reinstate their lawsuit after a federal judge dismissed it.

Kris Kobach, a University of Missouri-Kansas City law professor who has represented the parents and students, said last week that other court challenges still are possible. And some legislators haven't given up on repealing the 2004 law, which allows some immigrants to pay the lower tuition normally reserved for legal Kansas residents.

``I think it will continue to be an issue before the Legislature,'' said Rep. Lance Kinzer, an Olathe Republican who opposes it. ``It's almost inevitable that the issue will be raised if the opportunity presents itself.''

Kobach, who's also chairman of the Kansas Republican Party and a former adviser to the U.S. attorney general on immigration law, said challenges in other states also could undercut the Kansas law. He's involved in a case pending in California's appellate courts.

According to national groups, 10 states, including California and Kansas, have such laws. The others are Illinois, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah and Washington.

``I think once one of the 10 states falls, I think eventually the others will roll over like dominoes,'' Kobach said.

But supporters of the law are confident it will withstand either court challenges or legislative attacks. Opponents in Kansas have failed repeatedly to persuade the Legislature to pass a repeal bill.

Josh Bernstein, director of federal policy for the National Immigration Law Center, said such laws help immigrants who come to the U.S. as young children, then stay and attend school.

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