Kansas drops tuition law for immigrants in settlement
Kansas has agreed to stop a state law that permitted illegal immigrants to receive in-state tuition and scholarship benefits. The settlement resolves a lawsuit filed by the U.S. Department of Justice, which claimed the policy violated federal law.
The Justice Department announced the lawsuit last month alongside a proposed consent decree to block enforcement of the law. If approved by a federal court, the agreement would end claims that Kansas unfairly favored illegal immigrants by offering reduced tuition rates that some out-of-state citizens could not access.
Federal law prohibits states from giving preferential treatment to those unlawfully present in the country. Kansas required public colleges and universities to offer in-state tuition to students who established residency, regardless of immigration status. The department argued this policy conflicted with federal statutes meant to prevent such benefits.
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Associate Attorney General Stanley Woodward described the Kansas law as a long-standing case of “preferential treatment to illegal aliens over American citizens.” He commended Kansas Attorney General Kris Kobach for agreeing to the settlement, calling it a necessary adjustment that aligns with federal priorities.
Assistant Attorney General Brett Shumate stated the Justice Department had already won similar cases in Texas, Oklahoma, Kentucky, and Nebraska. “Kansas’s laws should never have been passed and are prohibited by federal law,” he said. “The department will challenge any state that does not prioritize American citizens.”
A DOJ spokesperson told Campus Reform that the department has filed 13 lawsuits challenging in-state tuition for illegal aliens. Pending cases include Illinois, Minnesota, Virginia, California, New Jersey, Massachusetts, and Rhode Island, in addition to the Kansas agreement.
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The University of Kansas has become a center of immigration enforcement disputes. In February, protesters organized an anti-ICE demonstration on campus after a student was detained by the agency. Among the participants was Colin McRoberts, a business professor now running for Congress as a Democrat.
Legal scholars have weighed in on the broader debate. Sharon Brett, a law professor at the university, criticized a recent U.S. Supreme Court ruling in a campus article. She argued that Justice Brett Kavanaugh’s concurrence could allow racial profiling in immigration enforcement. Brett wrote that permitting officers to consider factors like Hispanic appearance and workplace location risked targeting individuals based on race.
The consent decree awaits court approval. Kobach’s office has not commented on the matter. This case is part of a broader Justice Department effort to challenge state laws extending educational benefits to illegal immigrants, with active litigation across the country.
