ACLU of Kansas Statement Responding to AG Kobach and DOJ Attack on Undocumented Kansas Students

FOR IMMEDIATE RELEASE
June 24, 2026

CONTACT
Esmie Tseng, [email protected]

Topeka, KS – On Wednesday, the U.S. Department of Justice filed a lawsuit against the State of Kansas challenging a 2004 state law that provides in-state tuition for Kansas residents at Kansas public colleges and universities for certain students without lawful immigration status. Attorney General Kris Kobach immediately joined the DOJ in asking the court to promptly invalidate the law. In response, the ACLU of Kansas issued the following statement:

“This is a cruel misuse of our courts and a coordinated attack by the federal government and our own attorney general on children who have grown up and live in Kansas,” said Micah Kubic, Executive Director for the ACLU of Kansas. “Our state has made the conscious decision to protect and provide a path forward for all children who live in our neighborhoods to ensure they can access a college education and contribute to Kansas’ workforce and economy. For decades, Kansas in-state tuition has opened doors for students who have persevered to become health care workers, teachers, attorneys, and other professionals and make this state better. This is an aggressive attempt to slam that door shut and punish young Kansans who dare to dream.”

“Attorney General Kobach is so determined to collude with the Trump-Vance administration that he will misuse our courts to attack the laws of the very state he serves. He does not, in fact, get to single-handedly decide who is a Kansan. Attorney General Kobach may refuse to defend all Kansas students, but the ACLU of Kansas stands firmly with them.”

Kansas’ law provides for in-state tuition rates for children who have attended high school in Kansas for at least three of the last four years, have graduated from an accredited Kansas high school or obtained a general educational development certificate (GED) in Kansas, and have been accepted for admission at a Kansas institution of postsecondary education.

For multiple legislative sessions, extremists including Kansas Attorney General Kobach have attempted to eliminate in-state tuition at higher education institutions for undocumented students in Kansas, but these efforts, including the most recent attempt in the 2026 session, have failed. By refusing to defend Kansas’ in-state tuition law, Attorney General Kobach is subverting the will of Kansans as expressed through their elected representatives.

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About the ACLU of Kansas: The ACLU of Kansas is the statewide affiliate of the national American Civil Liberties Union. The ACLU of Kansas is dedicated to preserving and advancing the civil rights and legal freedoms guaranteed by the United States Constitution and the Bill of Rights. For more information, visit our website at.