The California Court of Appeals ruled Monday a law allowing illegal immigrants a tuition-break was unconstitutional and contradicted federal law. The  decision comes just two months after the U.S. Supreme Court decided not to review a Kansas lawsuit seeking to overturn the similar tuition-break law.

The victory was the result of a long battle waged by UMKC law professor Kris Kobach and the Immigration Law Reform Institute. Kobach was representing a group of out-of-state students attending California colleges who were told they did not qualify for the tuition breaks given the illegal immigrant students.

Opponents of the law argue it is unfair to give breaks to illegal immigrants that are not available for U.S. residents. Proponents argue it provides an important stepping stone for immigrants wanting to attend a college or junior college.

“Students pursuing higher education under the instate tuition law have a strong desire to work hard and become productive members in our community,” said Kara Lineweber, Director of Policy Advocacy-Research at El Centro, Inc., a Kansas City-based advocacy organization.

“Our nation values education and we need to continue to support these students’ efforts to achieve great things,” Lineweber told Kansas Liberty.

The difference between the cost of in-state and out-of-state tuition is substantial. 

Kansas State University students qualifying for in-state-tuition paid $3,313 for 15 credit hours for the fall 2008 semester while out-of-state students paid $8,465.  At the University of Kansas, first-time freshmen paid $3,438 for 15 hours of in-state-tuition in comparison to $9,030 for out-of-state students.

The Immigration Reform Law Institute brought the case on behalf of approximate 80,000 American students who were denied the instate tuition break. The IRLI was also responsible for filing the similar Kansas case.

Kobach, the chair of the Kansas Republican Party, said he thought the California decision could cause a ripple effect with lenient immigration laws.

“The decision also makes it clear that federal law preempts many benefits that are being dispensed to illegal aliens that are expressly prohibited under the Welfare Reform Act," Kobach said in an IRLI report. "In the court's opinion, citizens have the right to go to court and sue to prevent illegal aliens from benefiting from a whole range of government programs."

Lineweber said she thought it was too early to speculate on how this ruling could affect Kansans.

“I think we have to have confidence in our elected officials and our leaders that they value education as much as all Kansans do,” she said.

Barb Nichols, director of the Kansas Immigration Reform Effort, said she was delighted at the California court ruling and said it gave her some hope that the Kansas law could be repealed.

“It has just been so frustrating because that break is obviously against federal law,” Nichols said. “And they just ignore federal law and Kansas is the same way.”

There are currently 9 states, including Kansas, that have tuition-break laws for illegal immigrants. 

Kobach was not available for comment.

The Week in Review