KRIS KOBACH PRESS RELEASE — KOBACH FILES SUITE IN NEBRASKA TO RESTORE RULE OF LAW TO IMMIGRATION

KOBACH FILES SUITE IN NEBRASKA TO RESTORE RULE OF LAW TO IMMIGRATION

On the morning of Monday, January 25, 2010, Kris Kobach filed a lawsuit on behalf of Nebraska taxpayers to stop Nebraska universities and community colleges from illegally providing in-state tuition rates to illegal aliens. The case, Mannschreck v. Board of Regents, was filed in the District Court of Jefferson County, Nebraska.

In 1996 Congress specifically barred states from providing in-state tuition rates to illegal aliens unless all US citizens in the state are also given in-state tuition rates regardless of state of residence (8 USC 1623).

Kris Kobach filed the complaint and will argue the case for the Plaintiff, Nebraska taxpayers. Kobach said, “This lawsuit not only saves Nebraska taxpayers money, it also vindicates Governor Heineman. Governor Heineman vetoed this bill in 2005 precisely because it violated federal law. Unfortunately, some Senators in 2005 felt no obligation to obey the law, so they overrode his veto. Today, the law and Nebraska taxpayers are vindicated.”

In September 2008, the California Court of Appeal held a nearly identical California law to be in conflict with federal law and the U.S. Constitution. That case is now pending before the California Supreme Court. Kris Kobach is lead counsel for the Plaintiffs in the California case.

Kobach added, “It is a great injustice when US citizens who have always obeyed the law are charged more in tuition than aliens whose very presence in the United States is a violation of federal law.”

A total of ten states have enacted laws like Nebraska’s, giving in-state tuition rates to illegal aliens, in direct violation of federal law. However, four of those states’ laws have been challenged in court, including Nebraska’s. In addition, Oklahoma partially repealed its law in 2007. And bills to repeal the laws in Utah and Kansas have been introduced in recent years. In short, the liberal movement to give in-state tuition rates to illegal aliens is losing ground rapidly.

Kobach successfully brought suit against the California Board of Regents for enacting a similar statute, winning before the California Court of Appeal in September 2008. That case is currently pending before the California Supreme Court. Kobach represented plaintiffs in a similar suit in Kansas in 2004. However, because the suit was brought in federal court rather than state court, the District Court never ruled on the matter, finding instead that the Plaintiffs lacked standing to bring the case in federal court.

For more information, or for an interview with Kris Kobach, please contact Ben Davis at: (316) 210-2450, or btdavis1@gmail.com

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