Kansas governor vetoes bill revoking in-state tuition for undocumented students

Matthew Kelly, The Kansas City Star on Apr 7, 2026

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Kansas Gov. Laura Kelly has vetoed a bill that would revoke in-state tuition for undocumented immigrants who earned a high school diploma in the Sunflower State.

In a veto message issued on Monday, she characterized the legislation as cruel and shortsighted.

“America’s immigration system is broken, but this is not the way to fix it,” said Kelly, a Democrat who is serving out her last of eight years in office.

“This bill targets Kansans who were brought to the United States as children. To punish these kids for decisions their parents made years ago is not only cruel, but also not in the best interest of the state,” Kelly continued. “Kansas needs these young people to be educated and trained so they can enter our workforce and contribute to our state’s economy.”

The legislation, Senate Bill 254, would also require anyone applying for state or local benefits to prove their status as either a citizen or an immigrant who came to the country legally. The names of people applying for benefits would have to be run through a database maintained by the Department of Homeland Security before they could receive assistance.

“Laura Kelly has prioritized illegal aliens over Kansans. She chose to send your hard-earned tax dollars to benefit illegal immigrants, not Kansas families,” said Senate President Ty Masterson, an Andover Republican who’s running for governor, in a Tuesday statement.

The bill passed the House 78-46 and narrowly cleared the Senate 22-18 in March over the objection of Democrats and a minority of vocal Republicans. Neither chamber achieved a veto-proof majority, making a potential veto override attempt challenging.

To enact SB 254 into law, GOP leaders would have to pick up six more votes in the House and five more votes in the Senate.

House Speaker Dan Hawkins, a Wichita Republican who’s running for insurance commissioner, did not respond to a request for comment through a spokesperson about whether he anticipates a veto override attempt when lawmakers reconvene on Thursday for a two-day veto session.

Masterson’s office also did not comment on whether an override attempt will be made. His statement appeared to suggest the policy change may be better addressed later, though.

“I can ensure the people of Kansas that when I’m governor, taxpayer-funded handouts for illegals will come grinding to a halt,” Masterson said.

Debate over undocumented student tuition

Undocumented immigrants who have attended at least three years of high school in Kansas and graduated or earned a GED here have been eligible to receive in-state tuition at Kansas public colleges and universities since 2004.

Attorney General Kris Kobach argued that Kansas has been violating federal law for the last 22 years. His legal opinion to that effect pointed out that the Trump administration filed lawsuits against seven states with similar in-state tuition policies in 2025.

But the argument that Kobach and others have advanced against offering in-state tuition to immigrants without legal status in the U.S. has proven to be tenuous. Several states have voluntarily changed their policies in response to pressure from the Trump administration, but multiple courts have ruled that reduced tuition doesn’t count as a public benefit.

On March 27, days after SB 254 was sent to Kelly’s desk, a federal judge in Minnesota dismissed a lawsuit brought by the Department of Justice that sought to force the state to stop offering reduced tuition for students who came to the country illegally.

And some influential Kansas Republicans have been among the harshest critics of the legislation.

“We’re saying we don’t want someone who’s lived in this state for nineteen years, who has done everything they’re supposed to do — they’ve gone through (Deferred Action for Childhood Arrivals) — they’ve done everything they’re supposed to do,” said Senate Vice President Tim Shallenburger, a Baxter Springs Republican, before voting against the bill.

Sen. TJ Rose, an Olathe Republican, said he opposed the bill on moral grounds.

“I believe that the United States of America is a just and compassionate nation, and since we have sealed the southern border, I believe that gives us the opportunity to demonstrate (compassion) to illegal immigrants who are living peaceful and productive lives,” Rose said.