Frank

At the risk of sounding like a broken record on the immigration issue, I did feel compelled to blog about it once again because there has been a major development in one of the legal battles--and it has roots right here in Kansas and at KU.

If you've seen or read about my documentary, "In-State," you know I've been following the battle over the 2004 Kansas state law (HB 2145) that enables some undocumented students in our state to receive in-state tuition if they meet the following:

1) Lived in KS and attended a high school here for at least 3 years.
2) Graduate from HS or get a GED equivalent
3) Sign an affidavit acknowledging that they'll seek legal status as soon as they become eligible.

(*The state law did not make these students eligible for state or federal student loans or grants--a point worth mentioning.)

Anyway, shortly after that law passed, a national Anti-immigration group (the ironcially named FAIR: the Federation for American Immigration Reform) sued Gov. Sebelius, the Kansas Board of Regents, and the state university chancellors and presidents, claiming the state law was a violation of federal law. They were led by "charismatic" UMKC law professor Kris Kobach. Kobach worked under Ashcroft in the Justice Department, so you know he lets the eagle soar.

Kobach and FAIR rounded up several out-of-state students for the lawsuit (they claimed that THEY, not the undocumented students, should get the in-state rate--even though they were eligible for in-state in their home states).

Ultimately, though, a District judge ruled the students didn't have standing (they couldn't prove that they were directly harmed by undocumented students getting in-state tuition; and they couldn't prove that they would automatically get the in-state rate if it got taken away for the immigrant students).

Confusing, I know, but the judge basically said it was none of their business.

Instead, it was the right of the state legislature and the Board of Regents to give these kids the cheaper rate. After all, these are kids who have lived in Kansas, and whose parents--though undocumented--had been contributing to our tax base...just like any other Kansas resident. They'll most likely stay in Kansas, too, so why not have educated, skilled residents?

Of course, FAIR, Kobach, and the out-of-state gang weren't happy with that ruling and so they appealed. Well, guess what...today, an appellate court upheld the previous decision, claiming they still don't have standing.

This is a major, major victory for immigrant advocates around the nation. Several other states had passed legislation similar to the one passed in Kansas, but we were the only place where a challenge was mounted (I guess they figured we were most likely to bend). The other states, meanwhile, were all waiting nervously to see if the Kansas case would impact their own efforts.

Well, it certainly will make an impact...in favor of these undocumented students.

Why is this such a big deal to me? I mean, I'm not undocumented--I'm not even an immigrant!

It matters because I see immigration (young labor) as the bloodline of America. Like it or not, we need these people. We need their labor--and we need their tax money.The least we can do is allow their kids to afford a college education (and put them on a path toward legal status).

I've met several undocumented students while researching and filming. In all cases, they've proven themselves to be among the brightest and most dedicated students I've ever met. I'm extremely happy for them--no more worrying about whether the education they started will come to a screeching halt.

Of course, I'm even happier that this battle was won in Kansas. The next time someone tries to tell you this is a backward thinking state, tell them about this case (and make sure you don't mention anything about evolution).