Governor Laura Kelly has moved to defend a decades-old Kansas law that allows certain students without legal immigration status to qualify for in-state tuition after the U.S. Department of Justice filed a lawsuit seeking to overturn the policy.
The governor filed a motion to intervene Thursday after the Justice Department challenged the law in federal court. Her action came shortly after Kansas Attorney General Kris Kobach filed a joint motion for entry of consent judgment with the Justice Department, indicating he would not defend the state law.
Kelly said the attorney general's decision left the statute without a legal defense, prompting her to intervene in her role as the state's chief executive.
"The federal government using its resources to target Kansans who were brought to the United States as children does nothing to solve the fundamental issues our nation faces," Kelly said in a statement.
The governor argued that students who qualify under the law and pursue higher education provide long-term benefits to the state by joining the workforce and contributing to Kansas' economy.
"In pursuing higher education, these young Kansans are a net benefit to our entire state, gaining the education and training needed to be valuable members of our workforce and contribute to our economy," she said.
The lawsuit targets a Kansas law that has been in effect for more than 20 years and allows eligible students without legal immigration status to pay resident tuition rates at the state's public colleges and universities.
Kelly also pointed to action taken during the 2026 legislative session, noting that her veto of Senate Bill 254 was not overridden by the Kansas Legislature. She argued that the existing tuition law remains the will of the state.
"Today, the Attorney General entered a filing indicating his unwillingness to defend a law that has been in effect for over two decades," Kelly said. "Since he is refusing to stand up for Kansas law, I have filed a motion to intervene to ensure all Kansas children have the opportunity to pursue an education, become contributing members of society, and a benefit to our economy."
Kobach's filing with the Justice Department would allow the court to invalidate the law without the state mounting a defense. Kelly's motion asks the court to allow her administration to intervene and defend the statute.
The case now moves forward in federal court, where the Justice Department is seeking to strike down the Kansas law while the governor attempts to preserve it.