TOPEKA — June 24, 2026--Today, Governor Laura Kelly filed a motion to intervene after the United States Department of Justice (DOJ) this morning filed a lawsuit to overturn a decades-old state law making Kansas students without legal immigration status eligible for in-state tuition at higher education institutions.
Shortly after the lawsuit was filed by the DOJ, Kansas Attorney General Kris Kobach filed a joint motion for entry of consent judgment with the DOJ. Essentially, the Attorney General is refusing to defend Kansas law. The overturning of this law is contrary to the will of the Governor and the Kansas Legislature, as Governor Kelly’s veto of SB 254 this session was not overridden. Thus, in her capacity as the Chief Executive Officer of the state, Governor Kelly filed a motion to intervene to provide the state with the defense it deserves.
In response to the lawsuit and the Attorney General’s refusal to defend Kansas against the federal government, Governor Kelly has issued the following statement:
“There are many ways that we could, and should, work together to fix this country’s broken immigration system. However, 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.
“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.
“Today, the Attorney General entered a filing indicating his unwillingness to defend a law that has been in effect for over two decades. 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.”
A copy of the motion to intervene is available here.