Lawsuit challenges Nebraska law giving in-state tuition to some illegal immigrants

[Jeanfromfillmore]

Lawsuit challenges Nebraska law giving in-state tuition to some illegal immigrants
MARGERY A. BECK Associated Press Writer
3:04 PM CST, January 25, 2010
OMAHA, Neb. (AP) — A Kansas attorney has filed a lawsuit challenging the validity of Nebraska's 2006 law that allows some illegal immigrants to pay in-state college tuition.

Kris Kobach filed the lawsuit Monday in Jefferson County District Court on behalf of several Nebraskans. The lawsuit names the University of Nebraska Board of Regents and other state college boards as defendants.

The state law passed in 2005 deals with students whose parents brought them to the U.S. illegally. To be eligible for in-state tuition, the students must have graduated from Nebraska high schools, lived in the state for at least three years and be pursuing or promise to pursue legal status.

Kobach, who has fought similar measures in other states, says Nebraska's law conflicts with federal law.


http://www.fox2now.com/news/sns-ap-ne--immigranttuition-lawsuit,0,5883768.story

[Jeanfromfillmore]

Neb. lawmakers to hear in-state tuition arguments
By NATE JENKINS
Associated Press Writer
LINCOLN, Neb. (AP) -- An attempt to repeal a law granting in-state tuition to some illegal immigrants in Nebraska is in jeopardy and may not be debated by the full Legislature this year.

Dozens of supporters and opponents of the 2006 law that made Nebraska one of 10 states in the country that allows some illegal immigrants to get in-state tuition at state-funded colleges crowded a Capitol room to plead their cases to the Legislature's Education Committee.

But comments from committee members indicated most of them may not want to help repeal the law that has been a lightning rod in the immigration debate in Nebraska.

"Sadly, I don't think it will advance out of committee," the bill's sponsor, Sen. Charlie Janssen of Freemont said after stepping out of the committee room. "Members of the Education Committee will have some explaining to do," to the public.

The law allows illegal immigrants to pay in-state tuition if they graduated from Nebraska high schools, lived in the state for at least three years and are pursuing or promise to pursue legal status. According to legislative fiscal analysts, 37 illegal immigrants are paying in-state tuition at the University of Nebraska.

On Monday, five of the Education Committee's eight members either expressed opposition to the repeal bill or four years ago voted in favor of in-state tuition for some illegal immigrant. However, a majority of lawmakers who responded to an Associated Press survey last year said they would support rescinding the law.

The in-state tuition bill has a history of igniting fervent public debate over immigration, and rendering political consequences.

Gov. Dave Heineman vetoed the in-state tuition bill in 2006, but the Legislature overrode his veto. Many voters in the 2006 Republican gubernatorial primary said they chose Heineman over Tom Osborne, a sitting U.S. representative and wildly popular former Nebraska football coach, because Osborne supported the tuition bill.

Opponents say the law is unfair to legal residents and conflicts with a 1996 federal law that prohibits higher education institutions giving benefits to illegal immigrants without offering the same break to U.S. citizens.

Last month, Kansas attorney Kris Kobach filed a lawsuit challenging the validity of the law. The lawsuit names the University of Nebraska Board of Regents and other state college boards as defendants.

State Sen. Bill Avery of Lincoln told Kobach during testimony at the public hearing that repealing the law would amount to "punishing children for the misdeeds of their parents." The law is meant for students whose parents brought them to the U.S. illegally.

Kobach said the law helps subsidize an illegal work force. He also said most students won't be able to use the degrees because they won't be able to attain legal status.

"U.S. citizens are paying two times as much, U.S. citizens aren't breaking the law," he said in response to Avery.

Another member of the committee took umbrage with comments from some supporters of the bill that illegal immigrants should return home to the countries from which they came, enter the U.S. legally, then get an education.

"What is your definition of home if you've been raised here your whole life?" said Sen. Abbie Cornett of Bellevue, who opposes the bill.

A letter from an illegal immigrant using the in-state tuition law, read by Marlin Perez, said that repealing the law would be devastating to his future.
http://www.krvn.com/news/index/5f6382f5-ca59-412a-8de3-e0107d847bb7