DOJ and Kansas Seek Court Ruling on Tuition Eligibility
PUBLISHED Jun 25, 2026, 4:48 AM ET
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Topeka, Kansas. On Wednesday the U.S. Justice Department sued Kansas, asking a federal judge to invalidate the state law that grants certain undocumented residents in-state college tuition; Kansas Attorney General Kris Kobach joined the DOJ’s filing seeking an order to bar universities and state officials from enforcing HB 2145 this week. The filing, part of DOJ complaints filed this week against ten states, contends the 2004 statute discriminates against U.S. citizens and incentivizes illegal immigration; Assistant Attorney General Brett Shumate called the law 'unconstitutional and un-American.' Courts will consider arguments and schedule hearings promptly in coming weeks to determine enforcement and next legal steps.
By Emily Rhodes | JQJO News
Timeline of Events
- 2004: Kansas enacts HB 2145 allowing eligible noncitizen residents to receive in-state tuition.
- June 25: The U.S. Department of Justice files a lawsuit asking a federal court to invalidate Kansas' law.
- June 25: Kansas Attorney General Kris Kobach enters a consent decree and joins the DOJ filing.
- This week: DOJ files related complaints challenging tuition statutes in ten states.
- Coming weeks: Federal courts are expected to schedule hearings to resolve enforcement and constitutionality questions.
News Intelligence
- This lawsuit could impact college costs and accessibility. If the DOJ succeeds, undocumented Kansas residents may lose in-state tuition benefits. This could increase competition and potentially lower costs for U.S. citizens. Keep an eye on your local university's tuition policies.
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Kansas state leaders and the U.S. Department of Justice sought to end perceived preferential tuition benefits for undocumented residents by asking courts to invalidate HB 2145, aiming to remove in-state tuition eligibility for certain noncitizen students.
Undocumented students who qualified for in-state tuition under HB 2145 would lose access to reduced tuition rates and face higher college costs if the law is blocked by the courts.
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