Utah is one of the states that allows undocumented students to pay in-state tuition at state colleges and universities. However, there is significant disagreement over whether undocumented students can legally attend a public institution of higher education and pay in-state tuition. This report illustrates two cases have developed in recent years challenging such laws, including lawsuits in Kansas and California. Although both cases were unsuccessful challenges to tuition benefit laws for undocumented students, the debate continues in many state legislatures (Morse 2007).