Several states, including California, Texas, and Kansas, currently allow illegal aliens to receive in-state tuition. However, the same privilege is not granted to legal Americans from out-of-state. This violates the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which requires that any state that gives in-state tuition to illegal aliens must give the same benefits to out-of-state students.
However, lower courts have refused to enforce the law and have instead dismissed lawsuits on trivial grounds. Soon, the U.S. Supreme Court will decide whether or not to hear an appeal revolving around a Kansas law that gives in-state tuition to illegal aliens, regardless of their state of illegal residence.
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Updated: Mon, Jun 16th 2008 @ 3:11pm EDT