A split Senate committee on Wednesday moved out a bill advocated by Attorney General Kris Kobach banning immigrants living in the United States illegally from receiving most state or local benefits, including in-state tuition at higher education institutions.
The Senate Federal and State Affairs Committee approved a version of a bill that has been kicked around at the Capitol for years but got new life with the election of President Donald Trump and a renewed emphasis on tackling illegal immigration.
The bill does include some exceptions, including emergency medical care; short-term, noncash, in-kind disaster relief; and public health immunizations. The bill does not include driver’s licenses issued by the state.
Kobach, the only individual to testify in person for the bill last week, said that immigrants here illegally are draining taxpayer resources.
Kobach estimated that Kansas taxpayers paid $603.1 million dollars to support estimated 104,000 illegal immigrants in the state during 2023.
“Because our neighboring states of Nebraska, Missouri, and Oklahoma have already
enacted laws…prohibiting public benefits from flowing to illegal aliens, there is
currently a strong incentive for illegal alien households to settle in Kansas,” he said.
The most pronounced effect of the bill will be on a 2004 state law granting in-state tuition to the children of immigrants here illegally who graduated from a Kansas high school and pledged that they intended to become citizens.
The program is open to someone who attended an accredited Kansas high school for three years or more, graduated from an accredited Kansas high school or earned a general equivalency diploma and filed an application to legalize their immigration status.
There were 310 students – 0.2% of the total student population – enrolled in state universities, community colleges and technical colleges who received instate tuition under the 2004 law as of last fall, according to Board of Regents of data.
Most of the students -180 – were enrolled in community colleges. Another 106 were enrolled at public universities, and 24 attended technical schools.
Most of the students – 102- were enrolled at Johnson County Community College, 46 attended Wichita State University, 26 attended Kansas City, Kansas Community College, 24 attended the WSU Campus of Applied Sciences and Technology, 21 attended Butler Community College and 17 attended Fort Hays State.
“For 20 years, Kansas’ in-state tuition policy has opened doors for talented immigrant students, allowing them to contribute to our colleges, our workforce, and our communities,” said Aude Negrete, executive director of the Kansas Latino Network.
“Many of them are now U.S. citizens, working as teachers, architects, nonprofit leaders, attorneys, and nurses,” Negrete said.
“Repealing this policy through Senate Bill 254 would not only be cruel, but it would also be a loss for our state’s future. Kansas gave them a chance, and they gave back.”
The bill requires anyone seeking state or local benefits to show proof that they’re citizen or a permanent resident of the United States or an alien lawfully present in the country.
Kobach told lawmakers that Kansas is currently violating a federal law that prohibit states from providing public benefits to immigrants in the country illegally.
He said a 1996 law included numerous provisions designed to ensure that immigrants in the country illegally do not receive public benefits at the federal state or local level.
“The effect,” Kobach said, “is to ensure that Kansas complies with its obligations under federal law. It simply requires public officials to verify the legal status of those aliens who seek benefits.
“When state officials look the other way, or decline to ascertain whether or not an alien who seeks benefits is lawfully present in the United States, they not only run the risk of violating (federal law), they enable illegal aliens to remain in the country with impunity.”
Two Republicans on the committee – state Sens. Brenda Dietrich of Topeka and Bill Clifford of Garden City – opposed the bill.
“I’ve been approached by employers and county commissioners that are concerned that we’re not allowing our undocumented kids to really boot strap their way to citizenship,” Clifford said of the in-state tuition program that would end under the bill.
“This is one of the pathways. There are many impediments. Unless we get these kids educated, our communities are not going to succeed,” he said.
He said there are other unintended consequences, noting that the bill could require a local agency donating food to the less affluent to first verify if someone is legally in the United States.
“I’m all for immigration enforcement,” he said. “But this is too far-reaching.”
Dietrich shared similar concerns after having conversations with Harvesters and how their ability to distribute food would be affected by the bill.
Harvesters said the state distributes commodities that it receives from the federal Emergency Food Assistance Program through food pantries.
Under the bill, Harvesters said food pantries receiving food through that program would have to verify the citizenship of every adult receiving food.
Dietrich said a number of food programs that serve communities will be “deeply affected” by the bill, leading to her opposition.
Dietrich said it wasn’t that she didn’t think there were parts of the bill that had merit, but added that one “deeply” concerned her.
Republican state Sen. Mike Thompson, chair of the Senate committee, said the bill only conforms to federal law. He said the bill only asks for verification of immigration status.
“We’re not inhumane,” he said. “We don’t deny people help if they need some food relief, if they need emergency medical assistance.”
Negrete said the Kansas Latino Network would continue to fight the bill.
“This bill is so unpopular, a diverse group of Kansans came together – from all over the state – to explain to our elected leaders why they should not support it,” Negerete said.
“I’m disappointed our voices weren’t heard, but we will continue to share why this divisive law would harm Kansans and urge our legislators to vote no.”
