"Court asked to revive suit over tuition for illegal immigrants"

From this:
An attorney [Kris Kobach] for a group of students at Kansas colleges asked a federal appeals court Wednesday to revive their lawsuit challenging a 2004 state law granting in-state tuition to some illegal immigrants.

A trial judge in Kansas had dismissed the lawsuit, saying the students did not face a "concrete and imminent" injury. The students appealed to a three-judge panel of the Denver-based 10th Circuit Court of Appeals.

The plaintiffs are U.S. citizens from outside Kansas paying out-of-state tuition to attend schools there. Their suit claims the state is violating federal law by offering some illegal immigrants a benefit that some U.S. citizens cannot get...
The article also mentions Peter Roos, an attorney on the other side.

Comments

"A trial judge in Kansas had dismissed the lawsuit, saying the students did not face a "concrete and imminent" injury."

If being expected to pay 5 figure amounts for your education right now when a 1996 federal law says you don't have to pay it isn't "concrete and imminent" then what is?

What is going on here is an attempt to drag this out until after Congress has a chance to pass some sort of "comprehensive" law (read amnesty) that will negate the 1996 law that makes it illegal for a state to offer in-state tuition to illegal aliens while denying it to US citizens in other states.