In reality Prof. Kobach's lawsuit was brought on behalf of students in Missouri who were seeking restitution for Kansas violation of Section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996 which requires all US citizens receive the same tuition benefits that illegal immigrants do.
SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE FOR HIGHER EDUCATION BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) EFFECTIVE DATE.—This section shall apply to benefits provided on or after July 1, 1998.
As is Kansas' law giving in-state tuition to illegals violates federal law, not in the fact that it gives illegal immigrants in-state tuition, but that it does not also extend that benefit to all other U.S. citizens. Kobach originally filed the suit in 2004 after the Kansas law was enacted.
Maybe you didn't catch what that US District judge said, "out-of-state students did not have standing to file the lawsuit." Huh? No standing? Has Judge Rogers even read section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996? We're guessing he hasn't, nor did any of the appeals court judges in this case, since that is exactly what section 505 of the law does.
The case was heard in federal district court in Topeka in 2005. U.S. District Judge Richard Rogers wrote a 38-page decision that said the out-of-state students did not have standing to file the lawsuit and dismissed it.
That decision was upheld at the 10th U.S. Circuit Court of Appeals in Denver. Kobach then asked the Supreme Court to review the case.
Let us repeat that, out-of-state US citizens that are paying out-of-state tuition rates are being wronged under section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996 and are thus entitled to restitution.
In 2008, Kansas residents and illegal immigrants will pay $3438.75 per semester to attend Kansas University. Out-of-state residents are being charged $9030.75 per semester, nearly three times as much. Over a four year term, out-of-state students will pay $44,736.00 more than illegal immigrants and that figure is expected to rise with the growing cost of tuition.
We don't know about you, but we certainly feel that US citizens being charged a $45,000 premium over people who violated immigration laws to enter this country have standing and apparently congress and President Clinton agree.