Kansas attorney general says tuition law for undocumented students conflicts with federal law

Annika Gustafson | @annikag_tv

Kansas Attorney General Kris Kobach issued a legal opinion last week stating that a Kansas law granting in-state tuition to certain undocumented students violates federal law.

The opinion questions a statute that has been in effect for more than 20 years. Kansas Statute 76-731a allows students who attended a Kansas high school for at least three years and graduated to qualify for in-state tuition at public postsecondary institutions, regardless of immigration status.

In his opinion, Kobach wrote that the statute “provides certain illegal aliens with in-state tuition at Kansas postsecondary educational institutions.” He argued that because the benefit is not available to U.S. citizens in the same way, it conflicts with federal law. Kobach cited 8 U.S.C. § 1621, which restricts certain public benefits for undocumented immigrants.

The difference between in-state and out-of-state tuition can total thousands of dollars per year at public universities, including the University of Kansas.

Aidan Foust, a student senator for KU’s College of Liberal Arts and Sciences, said eliminating in-state tuition eligibility would significantly affect students.

“It’s not just about taking away their ability to go to college but also their ability to live here,” Foust said. “This is specifically hard for undocumented immigrants who have a lower income on average. I’ve seen numbers as high as 42% lower income.”

The attorney general’s opinion does not change tuition policy immediately. Attorney general opinions are advisory and do not carry the force of law.

Any change would likely require action by the Kansas Legislature or a court ruling.

University officials said they are reviewing the opinion. For now, current tuition policies remain in place.

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