An initial hearing in what could become an important and long drawn out lawsuit was held Thursday in Jefferson County District Court. The suit is being brought by a group of Jefferson County Taxpayers against the state’s college system and seeks to void a law that allows illegal immigrants to pay in state tuition. Nine lawyers were present in the courtroom, representing The University of Nebraska, Metropolitan Community College, the State College system and the state Community college system who are the defendants in the case. Also present was a lawyer from the Mexican American Defense and Educational Fund.
Judge Paul Korsland heard arguments on a motion to dismiss the case by the defense. Their motion was based on the fact that the plaintiffs were not qualified to bring the suit. They argued that if a suit were ever to be brought it would have to come from the department of Homeland Security since the Nebraska law violates the federal law. Kobach countered that they were valid plaintiffs because state money from their taxes was being used to subsidize the difference between instate and out of state tuition. After hearing both sides of the argument Korlsland took the motion under advisement and order briefs from all parties to be delivered by October 4th. Following that the Judge will schedule a further hearing to give his opinion on the dismissal motion.