Federal Judge Denies Kansas Students Opportunity to Enter DOJ Lawsuit over Kansas Tuition Rates

FOR IMMEDIATE RELEASE
September 10, 2026

CONTACT
Julie Gallego: (213) 629-2512 x.128, [email protected]
Cristian Gomez: (213) 629-2512 x 133, [email protected]
Esmie Tseng, [email protected]

KANSAS — Wednesday evening, a federal judge for the District of Kansas denied Kansas immigrant students’ Motion to Intervene in a lawsuit filed by the Department of Justice (DOJ) seeking to eliminate regular tuition for students without lawful immigration status in Kansas. The court also denied Governor Laura Kelly's Motions to Intervene and Dismiss the DOJ lawsuit and entered the consent judgment sought by the DOJ and Attorney General Kris Kobach ending access to regular tuition for undocumented Kansas students.

Until last night's decision, Kansas’ state law allowing all Kansas students to access regular tuition was still in effect. The court’s decision means that Kansas students who previously qualified for regular tuition will see higher tuition totals. However, with some bills coming due next week, it is unknown if the higher rates will be in place for the fall semester.

“This is a disappointing denial of the rights of those most impacted by the current administration’s cruel crusade against students in Kansas to participate in a lawsuit that will directly impact their future,” said Jessica Swonger, Staff Attorney for the ACLU of Kansas. “The court has allowed the Department of Justice, in collusion with Attorney General Kobach, to slam the door on hardworking Kansas students, even though Kansans have long supported providing all children in our state the opportunity to learn.”

In July, the Mexican American Legal Defense and Educational Fund (MALDEF) and the ACLU of Kansas filed a motion to intervene on behalf of students impacted by U.S. v. Kansas, the DOJ’s mission to overturn a state law allowing certain students without lawful immigration status living in Kansas to access the same regular tuition rates available to other students living in Kansas. On the same day the DOJ lawsuit was filed, Kansas Attorney General Kris Kobach, rather than defending Kansas students, joined the federal government in seeking a consent judgment asking the court to invalidate the law.

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Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “law firm of the Latino community,” MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and political access. For more information on MALDEF, please visit: www.maldef.org.

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 www.aclukansas.org.