Motion for Rehearing Denied in Kansas In-State Tuition Case

On Monday, the Tenth Circuit, in a detailed opinion, denied a request on Monday to rehear a challenge to a Kansas law that allows resident undocumented immigrants to pay in-state tuition at the state’s public colleges.

In the earlier decision (Day v. Bond, 500 F.3d 1127 (10th Cir. 2007), the U.S. Court of Appeals for the Tenth Circuit ruled that a group of students and parents who paid out-of-state tuition at public colleges in Kansas, did not have standing to challenge the Kansas law. The court held that the students and parents had failed to provide evidence that they had been directly harmed by the Kansas law, or that they would benefit if the statute were removed. The plaintiffs — U.S. citizens who live outside of Kansas — argued that the Kansas law violated the Equal Protection Clause of the 14th Amendment as well as a 1996 federal immigration law.

The Kansas law, which took effect in 2004, allows immigrants to pay in-state tuition rates at state institutions if they attended a Kansas high school for at least three years and graduated, or if they earned a General Educational Development certificate in Kansas. The individuals also must prove that they are actively seeking legal immigrant status or plan to do so as soon as they are able.

For a news story on the decision, click here.

KJ