Our Legal Eagles Counter-Attack Over In-State Tuition for Illegal Aliens and “Standing to Sue”

The Washington Legal Foundation (WLF)
is trying a new tactic in the battle against

in-state tuition for illegal aliens.

It`s filed a

formal complaint
against the Department of Homeland Security`s

Office of Civil Rights and Civil Liberties
for not
enforcing existing anti-discrimination laws. 

What a concept!

WLF got the idea from a recently

suit filed in the U.S. District Court
for the District of Kansas—(Day
v. Sebelius

Basically, WLF decided to take the
Kansas lemons and make Texas lemonade.

WLF Chief Counsel Richard Samp
explained to me Friday via e-mail:

thought you might be interested in a complaint [PDF]
filed this week by the Washington Legal Foundation
against the State of Texas. Texas is one of the eight
states that provides in-state college tuition rates to
illegal aliens, despite an IIRIRA

the 1996 amendments to the
Immigration and Nationality Act, called the "Illegal
Immigration Reform and Immigrant Responsibility Act
provision that prohibits the practice.

"Unfortunately, a

federal district court
in Kansas

recently ruled
that individual citizens have no
right to sue to enforce IIRIRA, even though they have
been injured (i.e. they are forced to pay higher tuition
rates than illegal aliens pay to attend a state
university). The Kansas court said that only the
Department of Homeland Security is permitted to enforce
IIRIRA. So we decided to take up the district court`s

filed a complaint against Texas with DHS Office for
Civil Rights and Civil Liberties, which is supposed to
investigate civil rights violations under the
immigration laws. We claim that Texas practice denies
the civil rights of US citizens living outside the State
who are denied the same in-state rates given to illegal

Hats off to the WLF!

And let`s hope that

Daniel Sutherland
and the DHS Office of Civil Rights
and Civil Liberties do their jobs.

The American people really have
nowhere else to turn.  The federal district court in
Kansas asserted that the Immigration Act does not give
private citizens their own right of enforcement for
immigration violations, among other things:

Secretary of Homeland Security shall be charged with the
administration and enforcement of this chapter and all
other laws relating to the immigration and
naturalization of aliens, except insofar as this chapter
or such laws relate to the powers, functions, and duties
conferred upon the President, Attorney General, the
Secretary of State, the officers of the Department of
State, or diplomatic or consular officers. . . ."
U.S.C. § 1103(a)(1) (Day
v. Sebelius,
note 7)

So if the federal courts say
there`s no private right of action available for
citizens to sue here, the DHS must do something
about it!

Because the fact that American
citizens from other states are forced to pay higher
state college tuitions than illegal aliens is a

"equal protection"

Why should illegal aliens
(who happen to be residing illegally in

, for example) pay lower tuition rates
than American citizens from

who attend the University of Kansas?

The problem here is "standing
to sue"
. . . the question of whether or not an
American citizen has a valid right of action to have his
or her "day in court" on a particular issue.

The Federation for American
Immigration Reform explained the

first layer
of what happened on the "standing"
issue in the

Kansas case. 

But a Washington
filled in the blanks in an insightful
posting in the VDARE.com BLOG—a must-read for Legal

Ironically, the same issue of
worked to the benefit of real immigration
reformers in defending the

hard-won victory
at the Arizona ballot box in

Proposition 200.
  The Treason Lobby`s challenge to
Prop. 200 that was dismissed in federal district court
was also rejected on August 9 in Friendly House v.
before the Appeals. The Ninth Circuit rejected the
Treason Lobby`s claim on the issue of "standing."  The
particulars were expertly explained by

and WLF [PDF]
in recent press releases. So when it comes to
"standing to sue,"
you win some, and you lose some.
Federal court "standing" is the reason why
American citizens can`t just run off and file suits
against laws they don`t like. 

Unaware of this issue, a VDARE.com
reader recently took me to task, via e-mail, for not
filing enough lawsuits fast enough:

are endless reasons to sue our government and take back
what is ours. The average American cannot fight our
government if for no other reason simply because they
are not schooled in law. Why don`t you do something? You
need to take up the banner for America and help bring an
end to the insanity.

take your talents and put them to work. Surely there are
other lawyers that want America protected from this
illegal invasion.

need to fight with the law, the same law that was put in
place to protect Americans and our country. As it stands
now, anything Bush wants he gets even if it`s illegal
according to our laws. Nothing has changed yet so there
is still time to sue the government and file for
impeachment of our President on legal grounds.

something, we`re running out of time!

Believe it or not, there are
American citizens out there in connection with
organizations like WLF and FAIR, as well as private
attorneys like

Howard Foster
who are trying to get something going
in federal court, despite the ever-present problem of
the "standing" issue.

Foster`s use of the

statute will also ultimately stand or fall on a
complex legal standard—whether or not a

non-illegal alien-hiring business
can demonstrate an
actual injury to their business because of an illegal
alien-hiring competitor.

But there`s more help on the way. 
The border-watching  Minuteman
(“vigilantes,” according to President
Bush) is branching out with a unique effort called

Operation Spotlight
in order to put the heat on
employers of illegal aliens.  They`ll do it by turning
law-breakers on a

silver platter
over to the Internal Revenue
Service`s criminal investigation division. 

Nevertheless, at this stage of the
game, the patriotic Legal Eagles out there interested in
real immigration reform are few and far between.

Unfortunately, the

Treason Lobby
and its legal handmaidens in the
immigration bar have millions of illegal aliens and
criminal alien resident clients out there who will be
put to good use

immigration law enforcement and putting it
to death by a thousand cuts.

don`t forget the Treason Lobby`s willing

in the federal courts and the federal
immigration bureaucracy—who willingly succumb to the
battering ram of endless litigation.

grim on the legal front?

remember: the real immigration reform movement has
something going for it that the

Treason Lobby
will never have:

support of the American people . . .  and we`re gonna

Juan Mann [send him
] is a lawyer and the proprietor of