The federal government and the state of Kansas has come to an agreement that means the state won’t enforce a law that allows illegal immigrants to pay in-state tuition.
The U.S. Department of Justice, which announced the consent decree with Kansas on Wednesday, has challenged several states over their laws allowing illegals to be eligible for reduced tuition.
The consent decree came quickly after the DOJ filed a complaint in the U.S. District Court for the District of Kansas seeking an injunction against Kansas’s 2004 law granting in-state tuition to illegal alien students.
“Federal law prohibits illegal aliens in our Nation from being eligible for in-state tuition benefits that are denied to out-of-state United States citizens. There are no exceptions,” the complaint said. “Yet Kansas has ignored this Federal law for over two decades,” adding that the law “extends eligibility for in-state tuition benefits at Kansas postsecondary educational institutions to illegal aliens, while United States citizens from other states must pay higher tuition rates.”
“This is blatant unequal treatment favoring illegal aliens over United States citizens,” it added.
"For decades, the Kansas legislature gave preferential treatment to illegal aliens over American citizens," said Associate Attorney General Stanley Woodward. pic.twitter.com/b3GLgZL6SA
— Victoria Fendell Network (@VFNOFF) June 25, 2026
Kansas lawmakers earlier this year passed legislation to end in-state tuition for illegals, but Democratic Gov. Laura Kelly vetoed it.
“For decades, the Kansas legislature gave preferential treatment to illegal aliens over American citizens,” U.S. Associate Attorney General Stanley Woodward said. “We encourage all States to follow the commonsense correction of [Kansas] Attorney General Kobach, ceasing any policy that rewards illegal entry into our nation with educational opportunities not available to U.S. citizens.”
The consent decree, which still needs the court’s approval, said the DOJ and state of Kansas agree that federal law preempts the state’s law.
The DOJ said it’s won similar challenges to laws in Texas, Kentucky, Oklahoma, and Nebraska.
