Washington Week: Student Voices (O)

Kansas law giving illegal immigrants in-state tuition may face repeal
By Holly Smith
Kansas State Collegian (Kansas State U.)
03/27/2006

(U-WIRE) MANHATTAN, Kan. — House Bill 2615, which was passed into the Kansas House Judiciary Committee earlier this month, would repeal the law that allows certain immigrants to receive in-state rather than out-of-state tuition.

Melinda Lewis, director of policy, advocacy and research for El Centro, a Kasas City public-outreach and lobbying group, said she is a supporter of the law this bill would repeal.

The law, which passed in 2004, allows immigrants without lawful immigration status who have attended a Kansas high school for three years and have graduated from a Kansas high school to receive the tuition break, Lewis said.

"We have these bright, exceptional students who are very successful in their colleges," Lewis said. "And if this law is repealed, these students will not be able to continue to go to school."

The current law mandates that these immigrants sign an affidavit saying they have already applied to become a U.S. citizen or that they will apply as soon as they become eligible to do so.

Lewis said the immigrant status of these people should not affect the type of education they receive.

"It is good educational policy for our state to ensure that we are educating as many of our high school graduates post-high school," Lewis said. "These are children that are working toward their U.S. citizenship and we want them to become more educated citizens rather than less educated citizens when they get that citizenship."

The law was challenged once in 2005 but was thrown out because the judge said that there was no case, Lewis said.

Rep. Tom Hawk, D-Manhattan, said he does not support the repeal and does not think immigrants' children should be punished because their parents immigrated illegally to the United States.

"Their parents are illegal, but it is not the sins of the children," Hawk said. "Why do we punish the children for what they didn't do? These young people are in a difficult position, and I think it is important that everyone has access to education because that is what makes our economy and democracy work."

Hawk said the law has economic benefits for Kansas.

"This law generates thousands of dollars' worth of tuition that the state likely would not have because these students would not be able to attend a university without this tuition break," Hawk said.

But Rep. Becky Hutchins, R-Holton, said she is a supporter of the repeal.

"The original law is in direct violation of federal law," Hutchins said. "We can not give anything to illegal immigrants that we can not give to legal residents."

The original law set immigrants up for disappointment, Hutchins said.

"We give them this American dream, and then when they graduate they can not get a job because they are illegal," she said. "All they can find is a cheap labor job."

Hutchins said she does not think the repeal will pass this year, but may in years to come.

"I think there is a good chance this will come back and pass in the future," she said. "The plaintiffs have a strong case."

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