Isabel M. Estrada Portales
07/15/2005

A federal judge last week, dismissed a lawsuit filed to obstruct a recent Kansas law that makes some undocumented immigrants eligible for lower, in-state tuition rates at state colleges, based on their attendance to high school in the state.

The National Council of La Raza (NCLR), a national Hispanic civil rights and advocacy organization, hailed the decision of Federal Judge Richard Rogers to dismiss the lawsuit brought by law professor Kris Kobach and the Federation for American Immigration Reform (FAIR) challenging the law passed by the Kansas state legislature last year which allows undocumented students who have attended Kansas public schools to pay in-state tuition at Kansas' state universities.

“We are pleased that the good work of the Kansas state legislature in helping some of the state's best and brightest students go on to college will stand. We also agree with Judge Rogers that, regardless of how one feels about the issue, this is a matter that should be dealt with in the state legislature and by the U.S. Congress,” stated Janet Murguia, NCLR President and CEO.

The plaintiffs, many of whom are students or parents of students who pay out-of-state tuition rates at Kansas public institutions, claimed they were unfairly penalized by the law. Judge Rogers of the U.S. District Court in Topeka, Kansas, ruled that the case lacked standing because the plaintiffs failed to prove their claim.

The law took effect in 2004 and allows immigrants to pay in-state tuition rates at state institutions if they attended a Kansas high school for at least three years and graduated, or if they earned a General Educational Development certificate, commonly known as a GED, in Kansas. To be eligible, immigrants must demonstrate that they are seeking legal immigrant status or plan to do so as soon as they are able.

Similar legislation has been proposed in other states. Just now there is a campaign in North Carolina, where the state legislature is considering a bill to give in-state college tuition to undocumented immigrants at the state's public universities.

Passage of this bill would allow that unauthorized immigrants who have a North Carolina high school diploma, have been in a state school for at least four years, apply for legalized status and meet school admission standards receive the in-state tuition.

There is little likelihood it will become law this summer, but supporters are betting in the noise to garner support for the idea in the near future.
To date, nine other states grant in-state tuition to undocumented immigrants.