Kansas Attorney General Declares In-State Tuition for Non-Citizens Violates Federal Law

Kobach says Kansas could face lawsuits from the federal government if it does not bring its policies into compliance.

Published on Feb. 10, 2026

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Kansas Attorney General Kris Kobach has issued a legal opinion stating that a section of state law granting in-state tuition to non-citizens is in violation of federal law. Kobach said the federal government has already sued and prevailed against seven other states with similar policies, and Kansas could be next if it does not change its laws.

Why it matters

This ruling could have significant implications for undocumented and other non-citizen students in Kansas who have been receiving in-state tuition rates. It raises questions about the state's ability to provide affordable higher education access to these students, and whether Kansas will face legal action from the federal government if it does not change its policies.

The details

Kobach's legal opinion analyzes how Kansas law conflicts with two federal laws - one that prohibits states from offering postsecondary education benefits to non-citizens based on residency unless the same benefits are also available to U.S. citizens, and another that generally bars non-citizens from receiving state or local public benefits. Kobach says Kansas statutes granting in-state tuition to certain non-citizens based on high school attendance violate these federal laws.

  • On February 10, 2026, Kansas Attorney General Kris Kobach issued the legal opinion.
  • In 2025, the U.S. Department of Justice filed lawsuits against seven states with similar in-state tuition policies for non-citizens.

The players

Kris Kobach

The Kansas Attorney General who issued the legal opinion stating that the state's in-state tuition policies for non-citizens violate federal law.

U.S. Department of Justice

The federal agency that has filed lawsuits against seven states with in-state tuition policies for non-citizens, prevailing in two cases so far.

Kansas Legislature

The state lawmakers currently discussing Senate Bill 254, which would prohibit non-citizens in the country illegally from receiving any state or local public benefits, including in-state tuition.

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What they’re saying

“Seven states have already been sued, and the federal government has already prevailed in two of them. Kansas legislators would do well to bring Kansas into compliance with the law rather than being sued by the federal government.”

— Kris Kobach, Kansas Attorney General (ksnt.com)

What’s next

The Kansas Legislature is currently discussing Senate Bill 254, which would prohibit non-citizens in the country illegally from receiving any state or local public benefits, including in-state tuition. The bill will be discussed by lawmakers again on February 11.

The takeaway

This ruling highlights the ongoing tensions between state and federal policies regarding access to higher education for undocumented and other non-citizen students. Kansas now faces the choice of either changing its laws to comply with federal requirements or risk potential legal action from the Department of Justice.