Kansas is moving to end a decades-old policy that allowed some undocumented students to qualify for in-state tuition rates at public colleges and universities, after reaching a proposed agreement with the Department of Justice that declares the law invalid under federal immigration statutes.
The proposed consent decree, which still requires court approval, would resolve a lawsuit filed by the Justice Department Wednesday alleging that Kansas unlawfully granted tuition benefits to undocumented immigrants that were unavailable to U.S. citizens from other states. Under the agreement, Kansas would stop enforcing its in-state tuition law for undocumented students and acknowledge that the statute is preempted by federal law.
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The challenged law allows students without lawful immigration status to qualify for in-state tuition rates if they attended an accredited Kansas high school for at least three years, graduated from a Kansas high school or earned a Kansas GED, and signed an affidavit stating they had applied or would apply to legalize their immigration status when eligible.
Federal officials argued the law conflicted with a federal law that prohibits states from providing postsecondary education benefits based on residency to individuals unlawfully present in the United States unless the same benefits are available to all U.S. citizens regardless of their state of residence.
“For decades, the Kansas legislature gave preferential treatment to illegal aliens over American citizens,” Associate Attorney General Stanley Woodward said in a statement announcing the agreement. “We encourage all States to follow the commonsense correction of Attorney General Kobach, ceasing any policy that rewards illegal entry into our nation with educational opportunities not available to U.S. citizens.”
Assistant Attorney General Brett A. Shumate said the department had previously secured similar outcomes in Texas, Oklahoma, Kentucky, and Nebraska.
“Kansas’s unconstitutional and un-American laws should never have been passed in the first place and are prohibited by federal law,” Shumate said. “The Department of Justice has won on this exact issue in Texas, Oklahoma, Kentucky, and Nebraska, and we will take this fight to any states that fail to put American citizens first.”
U.S. Attorney Ryan Kriegshauser said the agreement reflects cooperation between state and federal authorities to ensure compliance with federal law.
“This proposed consent decree demonstrates the quality of partnership between Kansas state leaders and the Department of Justice for the shared purpose of ensuring that federal tax dollars are not used to discriminate against Kansas’s lawful citizens,” Kriegshauser said.
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Roughly 510,000 undocumented students are enrolled in U.S. colleges and universities, representing about 2.4% of all higher education students, according to the Higher Ed Immigration Portal. More than a quarter of those students are believed to be eligible for or currently hold Deferred Action for Childhood Arrivals status.
If approved by the court, the consent decree would permanently bar Kansas and its officials from enforcing the tuition statute.
