The U.S. Department of Justice has sued Kansas, seeking a federal judge’s order to block the state law that allows college students without lawful immigration status to receive in-state tuition rates at Kansas universities. The case challenges a 2004 policy that ties in-state tuition eligibility to Kansas high school attendance and completion or an equivalent credential.
Kansas Attorney General Kris Kobach joined the DOJ in asking the court to prohibit Kansas universities, colleges, and state officials from enforcing the law. In court filings, DOJ officials argued the statute is discriminatory toward U.S. citizens, encourages illegal immigration, and effectively limits scholarship benefits to some students in ways that U.S. citizens who do not live in Kansas cannot access.
Gov. Laura Kelly also filed a motion to intervene, saying Kobach was refusing to defend the tuition framework that has guided in-state rates for more than two decades. Kelly argued the federal government’s lawsuit targets young Kansans brought to the U.S. as children rather than addressing broader immigration issues. Meanwhile, A Kansas legal advocacy group said the move is an attempt to restrict educational access for students in the state.
The dispute follows earlier Kansas legislation on public benefits tied to lawful immigration status that passed the Legislature before being vetoed by Kelly. Kansas Republicans and Democrats also disputed whether the state should expect a legal challenge over the in-state tuition measure.