Kris Kobach Suing Kansas for Tuition Paid by Out-of-state Students
If you are a student or tax payer in the state of Kansas or one of the other 8 states offering in-state tuition to illegal aliens, you owe it to yourself to read the below transcript from the May 2, 2005 airing of Lou Dobbs on CNN. Specifically it references a lawsuit brought by Kris Kobach against the state of Kansas on behalf of out-of-state students attending Kansas schools:
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.
KOBACH: My pleasure.
DOBBS: We'll be back with you soon.
KOBACH: OK.
Have fun,
j.
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