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.
