Kobach releases AG opinion that Kansas's in-state tuition policies violate federal law
Kansas Attorney General Kris Kobach says a Kansas statute granting in-state tuition to illegal aliens violates federal law.
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TOPEKA – (Feb. 10, 2026) – Kansas Attorney General Kris Kobach today issued an Attorney General Opinion that concludes that a Kansas statute granting in-state tuition to illegal aliens violates federal law.
“For more than 20 years, Kansas has been violating federal law with impunity. Now, the Trump Department of Justice is cracking down on states that have been violating that specific law banning in-state tuition for illegal aliens. 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,” Kobach said.
The opinion, requested by State Rep. Samantha M. Poetter Parshall, analyzes how the Kansas statute conflicts with two federal laws: One, which prohibits states from offering postsecondary education benefits to illegal aliens based on residency unless the same benefits are available to U.S. citizens regardless of residency, and another, which generally bars illegal aliens from receiving state or local public benefits unless a state law enacted after Aug. 22, 1996, affirmatively provides for such eligibility.
According to the legal opinion, Kansas statute, K.S.A. 76-731a, deems certain illegal aliens as Kansas residents for tuition purposes, bases eligibility on attendance at Kansas high schools, and excludes residents of other states, all of which conflict with federal prohibitions. Kansas enacted its law in the early 2000s along with several other states.
However, in 2025, the U.S. Department of Justice filed lawsuits against seven states—Texas, Kentucky, Illinois, Oklahoma, Minnesota, California, and Virginia—with similar in-state tuition policies. The federal government reached settlements with Oklahoma and Texas.
The opinion reads, “In summary, K.S.A. 76-731a directly conflicts with federal law because it permits illegal aliens to qualify for in-state tuition rates without providing the equivalent benefit to U.S. citizens without regard to residency.”
Read the opinion here.
