A judge in Nebraska on a lawsuit Friday challenge a law that allows some to pay State of college tuition illegal immigrants.
Jefferson County District Judge Paul Korslund held six Nebraskans who claimed that their tax dollars have been spent in violation of federal law should first went to the Federal Government and may renew the challenge before the courts of the State if the Federal Government refuses to act.
Lawyer plaintiffs, Kris Kobach called dismissal "a bump on the road" and said he wasn't sure if he appeal dismissal of judge or to request Department of Homeland Security to respond.
"The case is far from finished," said Kobach, recently elected Kansas Secretary of State led to disputes in other States targeting illegal immigration.
The lawsuit filed in January said taxes by Fairbury residents served in support of right to the immigration-tuition fees for the State in violation of federal law. Trial appointed Council of the University of Nebraska Regents and other advice as the defendants State college and asked the judge to prevent school officials on the Act.
Attorney Joel Pedersen University agreed that dismissal left open over potential disputes but refused to speculate how applicants will proceed.
Act is adopted in 2005, says students whose parents brought the United States illegally can pay lower fees in State as they graduate schools in Nebraska, experienced in the State for at least three years and are continuing or promise of legal status. Rules for residency requirements and nonresident tuition fees are governed by the law of the State.
Opponents of the Bill say that it is unfair legal residents and conflicts with the Constitution of United States and a federal law of 1996 which prohibit benefits for illegal immigrants without giving Americans the break even higher education institutions.
In state tuition can be significantly cheaper than the costs for residents outside. For example, the cost of tuition undergraduate at the University of Nebraska-Lincoln is about $6,000 per year for students in the States and $17,650 to those of the State.
Kobach has brought a similar action in California, where the State Supreme Court held last month that illegal immigrants are entitled to tuition breaks even offered in state high school students attending public colleges and universities. Kobach, which represented a group of U.S. students seeking to invalidate the California law, said that it would appeal the decision of the Supreme Court.
The California legislature has adopted the measure in 2001 that allowed any student regardless of the status of immigration, who attended high school in California at least three years and graduated to qualify for tuition fees in the States in colleges and universities in the State. In state tuition saves each State student about $11,000 per year and each student at the University of California on $23,000 per annum.
Several other States, including New York and Texas, have similar laws.
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