Jefferson County District Judge Paul Korslund ruled the six Nebraskans who claimed their taxes were being spent in violation of federal law should have first gone to the federal government and could renew the challenge in state court if the federal government declines to act.
The plaintiffs' attorney, Kris Kobach, called the dismissal "a bump in the road" and said he wasn't sure whether he would appeal the judge's dismissal or ask the Department of Homeland Security to intervene.
"The case is far from over," said Kobach, the recently elected
The lawsuit filed in January claimed that taxes from the Fairbury residents were being used to support the state's immigration-tuition law in violation of federal law. The lawsuit named the University of Nebraska Board of Regents and other state college boards as defendants and asked the judge to prevent school officials from following the law.
University attorney Joel Pedersen agreed that the dismissal left open potential further litigation but declined to speculate how the plaintiffs will proceed.
The state law passed in 2005 says students whose parents brought them to the
Opponents of the law say it is unfair to legal residents and conflicts with both the U.S. Constitution and a 1996 federal law that prohibits higher education institutions giving benefits to illegal immigrants without offering the same break to
In-state tuition can be significantly cheaper than fees for out-of-state residents. For example, undergraduate tuition at the University of Nebraska-Lincoln is about $6,000 per year for in-state students and $17,650 for those from out of state.
Kobach led a similar lawsuit in
The California Legislature passed the measure in 2001 that allowed any student, regardless of immigration status, who attended a
Several other states, including