http://www.sltrib.com/utah/ci_2853313
Article Last Updated: 07/12/2005 01:09:12 AM

Immigrant tuition law still in jeopardy
Steadfast: Despite Kansas suit being thrown out, Utah lawmakers still want to repeal in-state status for illegals

By Shinika A. Sykes
The Salt Lake Tribune

Utah lawmakers do not plan to back away from efforts to repeal a controversial state law giving tuition breaks to children of undocumented immigrants, even though a lawsuit challenging a similar law in Kansas has been tossed.

In a 38-page opinion, a federal judge dismissed a challenge of the Kansas law, ruling the plaintiffs were not hurt by the law and had no standing to sue. The plaintiffs, 24 parents and students attending college in Kansas as nonresidents, alleged unequal treatment because they must pay higher out-of-state tuition than undocumented immigrants' children.
They promised to appeal.

Rep. Stephen Urquhart says the Kansas court ruling will have no bearing in Utah. "It's a different jurisdiction," the St. George Republican said. The Utah law is "still an issue," he said.

Last month, Urquhart and a majority of the Legislature's Education Interim Committee approved a bill that will be introduced in the next legislative session that aims to reverse Utah's 3-year-old law allowing children of undocumented immigrants to attend state-owned colleges and universities at in-state tuition rates. The law took effect during the 2003-04 school year.

Urquhart, while noting he had not read the judge's ruling, reiterated lawmakers' concern Monday about a "multimillion-dollar liability" if out-of-state college students in Utah successfully sue the state to collect the money they paid in higher tuition.

According to the state Board of Regents, 117 Utah undocumented students have taken advantage of the tuition reduction, amounting to $299,905.

But supporters of Utah's law called the Kansas ruling "hopeful."
"We always take these things cautiously" said Rebecca Chavez-Houck, community affairs manager for Centro de la Familia de Utah. "It validates what the [Utah] Attorney General's Office has said, that there should be no fear of keeping the law on the books."

Higher Education Commissioner Richard Kendell said dismissal of the Kansas lawsuit may alleviate fear that Utah's law may portend an expensive lawsuit.

Aside from Utah and Kansas, other states with similar laws include California, Illinois, New Mexico, New York, Oklahoma, Texas and Washington. At least three states, Alaska, North Carolina and Mississippi, prohibit undocumented immigrants from getting resident tuition rates.
sykes@sltrib.com
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