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  1. #1
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    Case tests immigrant tuition rate

    http://www.kansas.com/mld/eagle/living/ ... 599857.htm

    Case tests immigrant tuition rate

    Advocates are lining up on both sides of a case pitting out-of-state students against Kansas students who aren't legal residents.

    BY KATHERINE LEAL UNMUTH

    The Wichita Eagle


    Isaac, 18, a member of the National Honor Society, calls himself a nerd because he loves physics and math classes. His dream job: mechanical engineer.

    Claudia, 20, performs at school assemblies as part of a dance team. Her dream job: psychologist.

    Jorge, 18, plays soccer, is a guitarist at his church and volunteers with cancer patients at a local hospital. His dream job: electrical engineer.

    All of these Wichita high school seniors plan to attend college with the help of a law the Kansas Legislature passed last year allowing certain illegal immigrants to pay in-state tuition.

    "My sister dropped out and said it was because she wouldn't have the opportunity for higher education," said Jorge, who moved to Wichita from Mexico when he was 11. "I always kept in my mind there's going to be a chance. Well, thank goodness, it happened."

    The students are not eligible for state or federal financial aid and often still struggle to pay tuition at the in-state rate.

    The law is being challenged with a suit, Day v. Sebelius, brought by two lawyers representing 24 out-of-state students against the governor and the Kansas Board of Regents. Oral arguments will be held Tuesday in U.S. District Court in Topeka.

    The plaintiffs argue that, according to a 1996 federal law, residency-based benefits that are not offered to all U.S. citizens cannot be offered to illegal immigrants. The defense argues that the Kansas law is based not on residency, but instead offers the in-state rate to any student who has attended a Kansas high school for at least three years and graduated from a Kansas high school.

    Nine states have laws granting in-state tuition to illegal immigrants who have graduated from U.S. schools. Numerous others, including North Carolina, Nebraska and Florida, are considering such laws. Similar legislation, known as the Dream Act, is pending on the federal level.

    The lawyers challenging the law placed ads in college newspapers to find the plaintiffs, who are students at the University of Kansas, Kansas State University and Emporia State University.

    Most of those students are upset over the high tuition they pay, which is set at a higher rate than Kansas residents'.

    Lashonda Montgomery, a plaintiff who is a KU student from Omaha studying biochemistry, said she plans to transfer back to Nebraska because of heavy loans.

    "If you don't have citizenship, then you shouldn't be allowed to pay in-state tuition," she said. "I don't think someone who can't vote should have more rights than me."

    Challenging the law is Kris Kobach, a constitutional law professor at the University of Missouri-Kansas City who worked for then-Attorney General John Ashcroft after Sept. 11.

    Kobach is working with Michael Hethmon, lawyer for the Federation for American Immigration Reform, a group based in Washington, D.C., that supports tighter restrictions on immigration.

    "They're discriminating against U.S. citizens," Hethmon said. "There's been surprisingly little litigation on this type of issue, mostly because it's very difficult for citizens to file in court seeking enforcement of immigration laws."

    The pair will face assistant attorneys general in addition to lawyers from a private Kansas City, Mo., firm -- Spencer Fane Britt & Browne -- defending the state.

    Several high-profile immigration lawyers from throughout the country have also intervened in the case on behalf of the Hispanic American Leadership Organization and the Kansas League of United Latin American Citizens and on behalf of A. Doe, J. Doe and L. Doe, three Kansas college students who immigrated from Mexico as children.

    Lead lawyer for the intervenors is Peter Roos, who successfully argued the 1982 Plyler v. Doe case in front of the Supreme Court, which found that undocumented children have the right to attend K-12 public schools.

    "To deny young people an opportunity to realize their potential on the basis of their national origin is certainly a civil-rights concern," Roos said. "The reality is that most of these kids one way or another will get their status legalized. They will be working in this country and paying taxes, and they're going to pay a lot more taxes if they're educated than if they're uneducated."

    Local supporters of the law say it promotes economic development.

    "Kansas doesn't have mountains, and it doesn't have seashores," Wichita schools lobbyist Diane Gjerstad said. "For us to expand, we need to be the smartest state. So that means all of our kids need to be competitive in the job market."

    As of last fall, the Kansas Board of Regents had 30 students benefiting from the law, most in community colleges. Currently, WSU has seven such students.

    WSU registrar Bill Wynne thinks there could be more, because students must self-identify on applications whether they are citizens or permanent residents.

    Anna Villarreal, a Gear Up counselor at North High School, said more students are asking about college because of the law.

    "They're becoming informed," she said. "A lot of them thought college wasn't an option."

    How all the students will gain legal status upon college graduation is unclear. Texas is grappling with young college graduates who have no legal status to work.

    But the students involved feel strongly about their desire for an education.

    Jose Martinez, a WSU student pursuing residency with his family, is undecided in his major but certain he wants to remain here. On his parents' mantel, an Army Junior ROTC uniform rests beside his high school graduation photo and a plaque from the school district naming him an honorary cadet.

    He moved to the U.S. from Mexico at 11 on a since-expired tourist visa. His parents have an identification number to pay taxes.

    "I don't consider myself illegal -- I didn't jump the fence at the border," he said. "I consider myself a resident of Kansas. Except I'm not a legal resident."

    His father, who studied engineering at a university in Mexico and now is a construction worker, wants him to succeed.

    "I earn $8 an hour," he said in Spanish. "My son will earn $30 an hour. And he will be a benefit to the city of Wichita."

  2. #2
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    If you don't have citizenship, then you shouldn't be allowed to pay in-state tuition," she said. "I don't think someone who can't vote should have more rights than me."
    How come this KID is more intelligent than the grown-ups??
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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