The Department of Justice and the state of Kansas have filed a proposed consent decree that would permanently bar Kansas from providing in-state tuition benefits to illegal immigrants in violation of federal law.
The filing Wednesday would resolve a federal lawsuit challenging the state's tuition law.
The proposed agreement, which still requires court approval, was filed the same day the Justice Department sued Kansas, alleging that the state's tuition policy unlawfully favors illegal aliens.
"For decades, the Kansas legislature gave preferential treatment to illegal aliens over American citizens," Associate Attorney General Stanley Woodward said. "We encourage all states to follow the commonsense correction of [Kansas] Attorney General Kobach, ceasing any policy that rewards illegal entry into our nation with educational opportunities not available to U.S. citizens."
The Justice Department argued that Kansas law grants reduced tuition rates to illegal immigrants while denying the same benefit to some U.S. citizens, a practice it says violates federal law and encourages illegal immigration.
"Kansas's unconstitutional and un-American laws should never have been passed in the first place and are prohibited by federal law," Assistant Attorney General Brett Shumate said. "The Department of Justice has won on this exact issue in Texas, Oklahoma, Kentucky, and Nebraska, and we will take this fight to any states that fail to put American citizens first."
U.S. Attorney Ryan Kriegshauser said the proposed settlement reflects cooperation between state and federal leaders.
"This proposed consent decree demonstrates the quality of partnership between Kansas state leaders and the Department of Justice for the shared purpose of ensuring that federal tax dollars are not used to discriminate against Kansas's lawful citizens," Kriegshauser said.
The filing follows a legal opinion issued in February by Kansas Attorney General Kris Kobach concluding that the state's in-state tuition law conflicts with federal law.
"For more than 20 years, Kansas has been violating federal law with impunity," Kobach said in the Feb. 10 opinion. "Now, the Trump Department of Justice is cracking down on states that have been violating that specific law banning in-state tuition for illegal aliens."
Kobach warned at the time that Kansas lawmakers should bring the state into compliance rather than wait to be sued by the federal government.
The Justice Department said the Kansas case is the latest in a series of actions targeting state policies that provide educational benefits to illegal immigrants.
Similar legal challenges have already resulted in favorable outcomes for the federal government in Texas, Oklahoma, Kentucky, and Nebraska, while cases remain pending in Illinois, Minnesota, Virginia, California, and New Jersey.