With a discussion resembling courtroom banter and sidetracks into U.S. Immigration law and college budget requests, a House committee sent to interim study a bill that would eliminate in-state college tuition eligibility for children of undocumented immigrants.

The action followed dueling legal opinions over whether Utah's current law conflicts with federal law.

"We've got so many questions before us, I don't see how any of us could possibly vote," said Rep. Jim Ferrin, R-Orem. "Let us really understand as policymakers what the issues are and make an informed decision on it next year."

The House Education Standing Committee agreed in an 8-6 vote.

HB239, sponsored by Rep. Glenn Donnelson, R-North Ogden, sought to repeal a 2002 law allowing in-state tuition for undocumented high school graduates who have attended a Utah high school three years. It's his second attempt to repeal the law carried by Rep. Dave Ure, R-Kamas.

"It is not an illegal alien bill but a procedures bill," Donnelson said.

Donnelson was flanked by Kris Kobach, a professor at the University of Missouri at Kansas City law school who worked for the U.S. Department of Justice. Kobach said Utah's law conflicts with federal law saying undocumented immigrants cannot receive tuition breaks that wouldn't apply to any other U.S. citizen.

"Utah is currently exposed to significant legal liability in this matter," including reimbursing out-of-staters if the courts decide, Kobach said.

The statement intrigued some committee members. Rep. Steve Urquhart, R-St. George and a lands attorney, noted lawmakers passed the 2002 law believing the federal law in question would alter under efforts led by some in Utah's congressional delegation.

"I think federal immigration policy is really crummy," Urquhart said. "Nonetheless, the law is what it is at the federal level. I think we need to adhere to it."

But others asked to hear first from Utah attorneys before acting.

"You've heard from the plaintiff's attorney. Is that the whole story? (Should you) change the law based on one person?" said Rich Kendell, commissioner of the Utah System of Higher Education.

Utah Assistant Attorney General William Evans, summoned to address the matter mid-discussion, analyzed the state and federal law in 2002 at the request of the University of Utah. He said state law is solid because it is not necessarily directed at undocumented immigrants.

"On its face, that part of the provision has . . . been available to anyone," Evans said. "It does not contradict the federal law . . . and has been applied as far as I know, neutrally."

Also in question were the ramifications of repealing the law. Would students now — Donnelson said there are 91 —benefiting be grandfathered, or charged out-of-state tuition?