Evans said no matter the outcome of the pending Kansas suit, it will likely be appealed to the federal 10th Circuit Court, which also oversees Utah.

He called Kobach's argument for repealing the law "a far-fetched and long-range projection. It's good advocacy, but it's questionable."

Evans did acknowledge, however, that "certainly, there is a risk."

Rep. David Ure, R-Kamas, sponsored the tuition break in 2002 in anticipation of Sen. Orrin Hatch's proposed DREAM Act, which would give states clear authority to provide in-state tuition to undocumented students. The federal law never passed, but Hatch, R-Utah, has hinted it will be back this year, either as an independent measure or as part of a comprehensive immigration reform package.

Hatch said in a statement Wednesday that states should be able to decide how to deal with a growing number of undocumented children, and the DREAM Act would give states more leeway.

"Frankly, Utah's law has been a compelling argument to help garner support for the bill in Congress, and today's vote may slow some of that momentum," Hatch said.

Defending his law, Ure told the committed Wednesday, "I didn't know it was so evil to educate people. . . . This is as much a moral issue as a legal issue. To me it appears we are saying these people are virtually animals."

Ure played a key role on the Rules Committee in delaying action on a repeal bill filed by Donnelson during the past general session. The bill and a substitute were finally referred to interim study. The substitute, also discussed Wednesday, would have put in-state tuition for undocumented students on hold until the federal government acts to expressly permit it.

Rep. Stephen Urquhart, R-St. George, said of Evans' opinion, "At best you can characterize this as fluff," adding the tuition law "puts us at serious financial risk."

Ure posed the question of state sovereignty, but the majority of committee members agreed with Sen. Chris Buttars, R-West Jordan, who said it "is an absolute clear line, this is a federal issue."

After the vote, Sen. Karen Hale, D-Salt Lake, said she finds it ironic that the same committee that voted to challenge the federal No Child Left Behind law would refuse to take a stand on another aspect of immigration.

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E-mail: dbulkeley@desnews.com