The U.S. Department of Justice sued Kansas on June 24, 2026, to end the state's 22-year-old policy of offering in-state tuition to undocumented high school graduates. Kansas's own attorney general declined to defend the law and signed a proposed consent decree with the federal government. For undocumented students across the country, what happens next depends less on the federal lawsuit itself than on whether their own state officials choose to fight back.

What Happened in Kansas

Since 2004, Kansas has allowed undocumented students to attend its public colleges at in-state tuition rates, provided they attended an accredited Kansas high school for at least three years, graduated or earned a GED in Kansas, and signed an affidavit stating they would apply for lawful immigration status as soon as possible.1

On June 24, 2026, the DOJ filed a complaint in federal court challenging that law, arguing it unconstitutionally discriminates against U.S. citizens and violates federal law. Within hours, the Kansas attorney general's office announced it would not defend the state's own policy and instead joined the federal government in asking the court to block it permanently.2

The two parties submitted a proposed consent decree asking a judge to permanently prohibit Kansas public colleges from enforcing the in-state rate for undocumented students. A judge still needs to approve it, but with no party defending the law, the outcome is unlikely to change.1

Ten Lawsuits, Uneven Results

Kansas is the tenth state targeted in a DOJ campaign launched after a 2025 executive order directing federal officials to identify and halt state laws the administration views as giving preferential treatment to noncitizens. The ten states sued: California, Illinois, Kentucky, Minnesota, Nebraska, New Jersey, Oklahoma, Texas, Virginia, and Kansas.1

Results have split along one clear line: whether the state chose to fight.

States that did not defend their laws reached consent decrees ending in-state tuition policies: Texas, Kentucky, Oklahoma, and Nebraska reached settlements, and Virginia agreed to end its policy in January 2026. Kansas is on the same path.3

Minnesota took the opposite approach. Its attorney general actively defended the state law, and a federal judge dismissed the DOJ's case on March 30, 2026. The ruling found that Minnesota's law does not discriminate against citizens because it applies the same academic and residency requirements to everyone. The DOJ appealed the decision to the 8th Circuit Court of Appeals on May 1, 2026, where the case remains.3 (See our full coverage: Minnesota wins its in-state tuition case)

Cases against California, Illinois, and New Jersey are still pending. California had oral arguments on June 4, 2026. All three states are defending their laws in court.

If you're currently enrolled at a Kansas public university under the in-state rate, contact your financial aid office this week. Ask specifically whether currently enrolled students will be grandfathered before the court order takes effect. Consent decrees in other states did not always protect students already mid-program — confirming your status now matters.

Three Things Most Coverage Misses

1. The lawsuit is not the deciding factor. Your state's attorney general is.

When a state AG doesn't defend the law, no court hears the merits of the case. The consent decree moves quickly without a real judicial review of whether the law is actually unconstitutional. In Minnesota, where the AG fought, the DOJ lost at the district level. In Kansas, Nebraska, Virginia, and the others, the AG's decision to stand down made the outcome almost automatic. If you live in a state with a tuition equity law, the question to ask is not "has a lawsuit been filed?" but "will my AG defend this?"

2. Minnesota's win is the best available legal argument — but it isn't settled yet.

The March 2026 ruling found that Minnesota's law passes constitutional muster because it requires undocumented students to meet the same eligibility standards as citizens. That reasoning could apply to the laws in California, Illinois, and New Jersey. But the DOJ's 8th Circuit appeal means the ruling could still be reversed. A circuit court decision for or against the state would carry significant weight for the remaining cases and for any future lawsuits in states not yet targeted.

3. About 19 states have these policies — only 10 have been sued.

Roughly 19 states allow undocumented students who meet state high school residency requirements to pay in-state tuition at public colleges. States including New York, Washington, Connecticut, New Mexico, and Maryland have similar laws and have not been named in DOJ litigation as of June 2026. That doesn't guarantee they won't be. Students in those states should watch whether their state AG makes any public statements about defending the policy if a lawsuit comes.

Private colleges are not subject to these lawsuits — state in-state tuition policies apply only to public institutions. If your state's public university option becomes unavailable at in-state rates, our guide to DACA college financial aid covers state-level aid programs, private scholarships, and institutional grants that remain available regardless of federal eligibility rules.

What Students Should Do Now

If you're in Kansas: Act this week. The proposed consent decree is awaiting a judge's signature, not a trial. Contact your registrar or financial aid office and ask how your current tuition classification is affected. Kansas college costs at public universities vary significantly between in-state and out-of-state rates — our Kansas college costs guide breaks down what those numbers currently look like.

If you're in California, Illinois, or New Jersey: Your state is actively defending its law. Monitor your state attorney general's office for updates. The Minnesota precedent gives these states a legal framework to work from, and all three have cases pending. Nothing has been decided.

If you're in a state not yet targeted: Know what your state's current law says and whether your AG has made any public statements. Current eligibility still stands. And scholarships from private organizations are not tied to these state policies at all. Our guide to first-generation scholarships covers funding that doesn't depend on public tuition classification.

For the broader context on federal policy affecting international and immigrant students, see our coverage of F-1 visa changes in 2026. For a sense of what college costs look like in California, a state with an active pending case, see California college costs.

Whatever happens in federal courts, the average cost of college per year is already high enough that every dollar of in-state savings matters. Build a financial plan that doesn't rely on a single policy remaining intact.

Footnotes

  1. Higher Ed Dive. (2026, June 25). Kansas joins DOJ in effort to end in-state tuition for undocumented students. Higher Ed Dive. https://www.highereddive.com/news/kansas-joins-doj-in-effort-to-end-in-state-tuition-for-undocumented-student/823705/ ↩ ↩2 ↩3

  2. U.S. Department of Justice. (2026, June 24). The Department of Justice reaches a proposed consent decree with Kansas to enjoin the state from enforcing its unconstitutional in-state tuition and scholarship programs. Office of Public Affairs. https://www.justice.gov/opa/pr/department-justice-reaches-proposed-consent-decree-kansas-enjoin-state-enforcing-its ↩

  3. Inside Higher Ed. (2026, March 30). DOJ loses lawsuit over Minnesota in-state tuition policies. Inside Higher Ed. https://www.insidehighered.com/news/quick-takes/2026/03/30/doj-loses-lawsuit-over-minnesota-state-tuition-policies ↩ ↩2