Plaintiffs' co-counsel Kris Kobach on Wednesday called the ruling "unduly narrow." Kobach said he plans to appeal the dismissal to the 10th Circuit Court of Appeals, which also oversees Utah. If the ruling is overturned, the case will go back to the Kansas District for arguments on the merits. The Kansas law is similar to one in Utah that grants in-state tuition to illegal immigrants who attend a Utah high school for three years and graduate here, or obtain the equivalent of a diploma. They must also be seeking legal immigration status or plan to do so when they are eligible. . . .
However, Rep. Glenn Donnelson, R-North Ogden, said the ruling hasn't changed his decision to sponsor the repeal of the tuition law, which he says is "still against the law. "I'm sure that people will say we don't have a problem here, but we still have a problem here," Donnelson said. U. of U. sophomore Kelly Wolfe, who is among those considering a suit, says it's a matter of principle. "We are being affected," Wolfe said. "They should not be allowing illegal aliens to have something the federal government says they can't have unless citizens have it.". . .
Utah Latino rights activist Tony Yapias said the Kansas ruling "gives us more fuel to the fire" in efforts to persuade lawmakers to keep the law intact. "I think the biggest thing right now is that a judge has said there isn't a case," Yapias said. "I'm just concerned our legislators could have waited a little bit longer, rather than take an anti-immigrant group and attorney at face value."