In the fall of 2004, the Utah system of higher education served more than 144,800 students. Among them, 117 students availed themselves of a state law that allows undocumented students and others — under certain conditions — to pay in-state tuition at Utah colleges and universities.

These students represent less than 1 percent of the student population, and yet some state lawmakers are bent on rescinding this tuition arrangement amid threats of litigation by University of Utah students who want refunds for out-of-state tuition they have paid.

Earlier this week, a legislative committee voted 17-3 to support a bill in the 2006 Legislature that would repeal the 2002 law. Some lawmakers are also moved by assertions that Utah's law violates federal statutes.

This comes despite assurances from Assistant Attorney General Bill Evans that Utah's tuition law complies with federal law because "it is simply not based on residence." Moreover, the law potentially benefits others. Conceivably, a student from out of state who happened to live with Utah relatives for three years could also qualify for the tuition break.

From a numbers standpoint, 117 students among more than 144,800 is a pittance. But a strong argument can be made for opening doors of opportunity to a segment of the population that struggles to graduate from high school, let alone attend an institution of higher learning. There is a high likelihood that the child of an undocumented worker who attains a high school diploma and has aspirations to attend college will want to remain in the United States. They should be afforded that opportunity.

Often, children of illegal aliens are born in the United States, which renders them American citizens. In those circumstances, they are no different than any other classmate at their respective Utah high school who would pay in-state tuition rates.

The frustration of students who pay out-of-state tuition to attend Utah's state colleges and universities is understandable. One of the rationales for assessing higher tuition rates for nonresident students is that Utah taxpayers support the state's higher education system through taxes. Those workers would include illegal immigrants who pay income tax, among other levies that support state and local governments.

It is unfortunate that this issue had such traction with the joint Education Interim Committee. State lawmakers — many of whom voted for the existing law in 2002 — need to reaffirm their commitment to education opportunity for all and reject any repeal of this law.