However, Kris Kobach, an attorney involved in lawsuits over Kansas and California tuition laws that are similar to the one in Utah, said such tuition laws do violate the 1996 federal law. That, he said, is acknowledged by the new Dream Act's wording, which makes states' ability to grant in-state tuition to undocumented students retroactive.

"It's a statement by proponents of the Dream Act they don't mind" that states break the law, he said. "And the Dream Act would retroactively waive that violation of law."

He added the act would remove only one of two arguments pending before the 10th U.S. Circuit Court of Appeals, which also oversees Utah. The initial lawsuit was dismissed because of lack of standing.

"The equal-protection issues remain," Kobach said. "The fact the Utah law treats illegal aliens more favorably than legal aliens is an equal-protection violation, even if (the Dream Act) passes."

The new American Dream Act would allow undocumented immigrants to apply for a six-year conditional green card if they entered the United States at least five years before the enactment of the act, and before age 16, and if they graduated from high school or had been accepted to college. The immigrants could then apply for permanent residency if they demonstrated good moral character and either completed, in good standing, at least two years toward a bachelor's degree or served at least two years in the military, with an honorable discharge.

Those provisions, Doty said, would make it easier to recruit undocumented students who are academically qualified to attend college, since they would no longer face as uncertain a future upon graduation.

"This would solve a whole host of problems if Congress would get this passed," Doty said. "As far as our higher education system, we'd be very supportive of this."

The bills are HR1275 and S774.

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E-mail: dbulkeley@desnews.com