KANSAS CITY, Mo. (KCTV) – Kansas Governor Laura Kelly has vetoed a bill blocking undocumented immigrants from state benefits, calling it cruel punishment for children brought here by their parents.
“America’s immigration system is broken, but this is not the way to fix it,” Gov. Kelly said. “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.”
What the Bill Would Have Done
Senate Bill 254 would have barred anyone unlawfully present in the U.S. from receiving any state or local public benefit, in line with existing federal law.
Key provisions included:
Proof of legal status required for all benefit applicants 18 and olderMandatory verification through the federal Systematic Alien Verification for Entitlements program before any benefit is issuedRepeal of in-state tuition eligibility for undocumented students, a law in place since 2004Required cooperation between state and local agencies and the U.S. Department of Homeland Security on immigration status verification
The bill passed the Kansas Senate 30-9 on Jan. 28 and cleared the House 86-36 on Feb. 5 under emergency final action.
Why Supporters Pushed for It
Kansas Attorney General Kris Kobach was among the bill’s most prominent advocates, testifying in Feb. 2025 that the state has been violating federal law for more than two decades.
Kobach argued that a federal statute – part of the 1996 Welfare Reform Act – bars states from providing public benefits to undocumented immigrants and that Kansas’s in-state tuition law directly conflicts federal law.
“For 21 years, Kansas has been violating federal law by offering in-state tuition to illegal aliens,” The AG testified.
FILE – Kansas Attorney General Kris Kobach(Tim Carpenter/Kansas Reflector)
“We have all sworn to uphold the Constitution and laws of the United States and of Kansas. S.B. 254 would make good on that promise,” he added.
Supporters also cited a 2023 report from the Federation for American Immigration Reform estimating that Kansas taxpayers paid $603.1 million annually to cover public services for undocumented immigrants.
They also argued neighboring states Nebraska, Missouri and Oklahoma have already enacted similar restrictions, creating an incentive for undocumented families to settle in Kansas instead.
Other supporters included several former Sedgwick County Committee members.
Why Opponents Fought Back
The bill drew fierce opposition from a broad coalition of educators, local officials, civil liberties advocates and faith leaders.
On education:
The ACLU of Kansas argued the bill would devastate students who have lived, studied and graduated in Kansas.
The organization noted that between 2010 and 2021, more than 5,100 undocumented students benefited from the state’s in-state tuition policy.
As of fall 2021, the ACLU indicated that at least 425 undocumented students were enrolled in Kansas higher education institutions.
FILE – Kansas Statehouse(Phil Anderson)
“Without in-state tuition, these students face tuition rates two to three times higher, making college unaffordable for many,” said Rashane Hamby, Director of Policy and Research for the ACLU of Kansas. “Denying in-state tuition will not change these students’ residency status; it will simply force them out of higher education.”
On local government:
Multiple city officials warned the bill would strip municipalities of their Home Rule authority and force local agencies to act as immigration enforcement agents.
“It is not the role of local agencies to enforce federal immigration law, yet this bill forces them into that position, creating unnecessary red tape that will impact all residents seeking assistance,” said Lenexa City Councilmember Courtney Eiterich, who also teaches high school.
“SB 254 would push some of our brightest students out of state or away from higher education altogether, limiting our ability to grow a skilled workforce that strengthens our economy,” she added.
Shawnee City Councilmember Laurel Burchfield called the bill an overreach that dehumanizes “Kansas residents, including those who have lived safely in our communities and contributed to our state’s economic well-being for years.”
On criminal justice:
The ACLU also raised concerns about a provision that would have created a legal presumption that undocumented individuals charged with a crime are flight risks – a standard opponents said undermines due process.
Similar laws in Arizona and Oklahoma have been struck down by courts.
On faith and community:
Sister Teherese Bangert of the Sisters of Charity of Leavenworth – an organization with 167 years of educating Kansans – urged lawmakers to reject the bill, saying it would “throw up more barriers to these hard-working students’ pursuit of education.”
FILE – Kansas Statehouse(KCTV5/Jiani Navarro)
Other opponents included, but are not limited to, the Kansas County Commissioners Association, the League of Kansas Municipalities, the Kansas National Education Association, Kansas Appleseed and dozens of private citizens.
What Happens Next
The Kansas Legislature can still override the governor’s veto with a two-thirds majority vote in both the House and Senate.
The bill was introduced in the Senate on Feb. 10, 2025, and passed out of the Committee of the Whole on Jan. 27, 2026, before clearing both chambers.
Gov. Kelly said the state needs undocumented young people to remain part of the workforce.
“Kansas needs these young people to be educated and trained so they can enter our workforce and contribute to our state’s economy,” she concluded.
Copyright 2026 KCTV. All rights reserved.