10th Circuit Won’t Rehear Immigrant Tuition Case

DENVER (CN) - The 10th Circuit has declined to rehear a challenge of a Kansas law allowing some illegal immigrants to pay in-state tuition.

In September lead plaintiff Kristen Day, a group of her fellow students at state universities in Kansas and several parents claimed Kansas House Bill 2145 violates the equal-protection rights of U.S. citizens from other states, passes the burden of subsidizing illegal immigrants to out-of-state students and increases competition for scarce tuition resources. They further alleged that federal immigration law pre-empts the Kansas law.

The circuit held that plaintiffs lack standing to bring their equal-protection claim and lack a cause of action for their statutory pre-emption claim. Judge Ebel called their injury theories "too conjectural and speculative," and said plaintiffs were "unable to show that their other theories of injury are traceable to the discriminatory conduct alleged."

After reviewing the case, the circuit concluded that "plaintiffs' arguments do not justify rehearing because our decision does not conflict" with precedence. See ruling.

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