Does instate-tuition for undocumented students violate the equal protection clause of the Fourteenth Amendment?
No. In Plyler v. Doe, the Supreme Court held that “no plausible distinction with respect to Fourteenth Amendment jurisdiction can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful.” Hence, an undocumented student is entitled to the same protection under the laws as a citizen. Citing “lack of standing,” the Tenth Circuit Court of Appeals recently dismissed a lawsuit filed by nonresident citizen students against Governor Selebius for granting resident tuition to undocumented students. Does 8 U.S.C. § 1623 allow American citizens and legal residents private right of action i.e. filing a discrimination claim against a university for giving instate-tuition to undocumented students? In Day v. Selebius, using 8 U.S.C. § 1623, plaintiffs filed a lawsuit against Governor Kathleen Selebius, challenging the Kansas instate-tuition law which allowed at least six undocumented students to qualify for Kansas resident tuition. T
