Kobach sues Nebraska schools

OMAHA — Kris Kobach, who is seeking the Republican nomination for Kansas secretary of state, filed a lawsuit Monday challenging the validity of a 2006 Nebraska law that allows some illegal immigrants to pay in-state college tuition.

Kobach filed the lawsuit in Jefferson County District Court on behalf of six Nebraska residents. It names the University of Nebraska Board of Regents and other state college boards as defendants.

University of Nebraska officials declined to comment on the lawsuit Monday.

The state law allows students whose parents brought them to the U.S. illegally to pay in-state tuition fees, as long as they have graduated from Nebraska high schools, lived in the state for at least three years and are pursuing or promise to pursue legal status.

The law was passed in 2005 over Gov. Dave Heineman's veto.

Nebraska is one of 10 states that allow illegal immigrants who meet certain criteria to pay in-state tuition rates for college.

Kobach, who has fought similar measures in Kansas and California, argues that Nebraska's law violates a 1996 federal law that prohibits higher education institutions giving benefits to illegal immigrants without offering the same break to U.S. citizens.

This story was originally published January 26, 2010 at 12:00 AM with the headline "Kobach sues Nebraska schools."