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  1. #1
    Senior Member Husker's Avatar
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    Powerful law to use against Instate tuition for illegals.

    Here is a link, and the text of this US statute.

    H.



    http://uscode.house.gov/uscode-cgi/fast ... 8%22Illega


    -CITE-

    8 USC Sec. 1623 01/06/03

    -EXPCITE-

    TITLE 8 - ALIENS AND NATIONALITY

    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS

    -HEAD-

    Sec. 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits

    -STATUTE-

    (a) In general

    Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a (b) Effective date

    This section shall apply to benefits provided on or after July 1,1998.

    -SOURCE-

    (Pub. L. 104-208, div. C, title V, Sec. 505, Sept. 30, 1996, 110 Stat. 3009-672.)

    -COD-

    CODIFICATION

    Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.

  2. #2

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    Currently, there are 8 states which give in-state tuition for illegal aliens... There's a lawyer (hired by FAIR) who is suing Kansas (one of the 8 states) for violating the 1996 law that Husker quoted... If FAIR wins, then this would set a precedent which would probably result in successful lawsuits of the other 7 states.

    LOU DOBBS TONIGHT - May 2nd, 2005

    DOBBS: My guest is taking on a new law in Kansas that allows illegal aliens to attend state universities there is for greatly reduced in-state tuition rates. Kris Kobach's representing 20 students from outside the state of Kansas who are suing the state. They say that law is nothing short of unconstitutional. Kris Kobach, a law professor, University of Missouri, former counsel to Attorney General John Ashcroft, joining us from Kansas City. Good to have you with us.

    KRIS KOBACH, LAW PROFESSOR, UMKC: Great to be back.

    DOBBS: I think most people would be shocked to find that there is actually a law that tries to level the playing field between U.S. citizens and illegal aliens on these issues, particularly in-state tuition.

    KOBACH: Yeah, in 1996, Congress predicted that some states might try to do this, that is, give in-state tuition to illegal aliens. And so Congress passed a law, saying no state can give in-state tuition unless they give in-state tuition to all U.S. citizens no matter where they live. And that's the law that we are suing under to get this Kansas statute invalidated.

    DOBBS: Let's put this -- the statute just so our viewers can see that understand this is the law of the land. The fact of the matter is, there's a huge liability here if your clients were to win, isn't there?

    KOBACH: Potentially, Yes. All of the out of state students in Kansas and there are eight other states doing this, by the way. All of the out of state students are entitled to be attending college at the same reduced rate that the illegal aliens are. Right now we're just suing to invalidate the law and get our plaintiffs a refund of the tuition that they've -- the extra tuition they've been paying.

    DOBBS: Mat All (ph), who's a chief counselor for Governor Kathie Sebelius of Kansas, said the state would defend the law if challenged. Saying, federal preventing states from providing it, but the have a number of ways of saying that it is a key wording difference, that would make the law, in his judgment, stand up to scrutiny. Because it's just an immigrant tuition law.

    KOBACH: Well, the other side is trying some very clever legalese to try that one term doesn't fit within this law. They have a tough job, because Congress predicted exactly this thing. Plus, we're also suing under the equal protection clause of the U.S. Constitution. Right now U.S. citizens are being discriminated against when it comes to the availability of in-state tuition vs. illegal aliens. And there's a clear constitutional violation there, as well. Not to mention the fact that this law encourages illegal aliens to violate the immigration law of the United States by rewarding illegal behavior.

    DOBBS: Frankly, to me, to be straightforward about it. I guess my views on this are fairly well known. The idea that one would give illegal aliens the rights superior to those of U.S. citizens or benefits is unconsciousable.

    KOBACH: Well, there's one aspect of this law, Lou, I think you'll find really interesting. The law expressly says, that if you are a foreigner here legally attending the University in Kansas, you have to pay out of state tuition. They only reward illegal aliens with instate tuition. It's crazy.

    DOBBS: This is a state -- a spokeswoman, Nicole Curken (ph), representing Governor Sebelius said.

    The governor supported this bill over the past two years, has been outspoken about her belief the doors of our college and universities be open to all our high school graduates, referring to Kansas public school graduates, whether legal or illegal.

    KOBACH: Well, I think it's kind of interesting. The same people who are defending this law, are the same people who say we noticed to have illegal immigration in the United States, because these are low skilled workers who are -- and they are the only people who will take the jobs. Yet, in the same breath they say, but we need to give them a college education at taxpayer expense. It just doesn't fit.

    DOBBS: All of this a part -- a tremendous canvas of rationalization that has been built up in this country over the last two decade on illegal immigration, that is now, at least, in part because of your work, Chris, and others beginning to come unraveled and people beginning to see the clear direct truth of what's happening.

    KOBACH: Well, I think in this case people see the injustice of it all. When a U.S. citizen is taxed to subsidize the education of someone who is violating federal criminal law.

    DOBBS: Kris Kobach, thank you very much.
    "We have it in our power to begin the world over again." (Thomas Paine 1776 "Common Sense") "The cause of America is in great measure the cause of all mankind." ("Common Sense")

  3. #3
    Senior Member Husker's Avatar
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    Yep,

    As soon as (not if ) FAIR wins in KS (next week or 2), then ANYONE getting ready to send their kids to college should look at these states with in-state for illegals, and simply send their kids to the best schools in these states.

    On the converse, these states better get ready to bend over and take it, because IT IS COMING soon. That is why I am so glad our group was able to delay this in-state crap for at least 2 years in NE a couple months back. We "killed" it in committee, i.e. the ed committee smartly chose to not act on this bill, thus it will not come to the main floor for "any" legislative debate, or a vote.

    I know William has been working very hard on this. With as many ppl pulling support for this, and WHEN this decision is handed down, the NC bill will die the death it deserves!

    H.

  4. #4
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    Currently, there are 8 states which give in-state tuition for illegal aliens... There's a lawyer (hired by FAIR) who is suing Kansas (one of the 8 states) for violating the 1996 law that Husker quoted... If FAIR wins, then this would set a precedent which would probably result in successful lawsuits of the other 7 states.
    MUMMY, this is great news! I sure appreciate the pick me up
    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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