Kansas State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state.

This article outlines immigration laws and rules in the state of Kansas. Learn more about:

• Law enforcement and immigration in Kansas
• Employment checks
• E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education restrictions
• Voter ID Rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

The rights, responsibilities, and resources related to immigration law vary by state and are subject to change. Learning about the rules that apply to your case is essential. If you’re facing an immigration issue, contact a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Kansas

Local law enforcement officials in Kansas work with federal agencies in immigration enforcement. 

Some of the federal agencies that work with local governments in handling immigration issues include:

• The Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• The Federal Bureau of Investigation (FBI)

ICE also added Section 287(g) to the Immigration and Nationality Act (INA). The federal and local authorities implemented this program to boost their cooperative efforts. The effort is mainly for tracking immigrants living in the U.S. illegally who have criminal charges.

Through 287(g), the federal immigration authorities and local agencies work with ICE to perform certain functions. The Illegal Immigration Reform and Immigrant Responsibility Act authorized the program in 1996. But enforcement became more active after 9/11.

In Kansas, the Jackson County Sheriff’s Office and the Finney County Sheriff’s Office participate in this program.

“Secure Communities” was similar to Section 287(g). The Donald Trump administration reinstated Secure Communities in 2017, but President Joe Biden revoked it in 2021.

Under Secure Communities, local police would fingerprint the people they arrested. Those fingerprints went into a database that DHS and the FBI shared. DHS used this shared information to verify the immigration status of the person arrested. If the system flagged a person as an immigrant living here illegally, ICE could take action.

A similar data-sharing arrangement still exists. But a person’s identity generally only enters the database once they have been convicted of a crime.

Employment Checks

Under federal law, employers should refer to federal employment eligibility verification rules. They should also look at the requirements for Form I-9.

Kansas E-Verify Requirements

Kansas does not impose any E-Verify rules on government or private employers. Certain contractors may choose to use the system.

Driver’s License and ID Requirements

Applicants for Kansas driver’s licenses must present certain documents. This includes proof of lawful presence in the United States. They must also show proof of identity. The Kansas Department of Revenue provides the state’s specific requirements for driver’s licenses.

Public Benefits Restrictions

Federal law prohibits immigrants living in the U.S. illegally from getting certain public benefits. But they can get emergency services. This includes health care and other programs identified as “necessary to protect life and safety.”

Education Restrictions

Kansas is among the states that allow in-state tuition benefits for qualified Kansas immigrants. The in-state tuition benefits also extend to Deferred Action for Childhood Arrivals (DACA) recipients. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

In 2004, the Kansas State Legislature passed House Bill 2145 into law. This law allowed eligible undocumented students to pay in-state tuition. They can use it to attend colleges or universities in Kansas.

The law only requires certain criteria to be met to be eligible for this benefit. 

Voter ID Rules

Until recently, Kansas did not have its own state-mandated Voter ID law. But a strict new Voter ID law requires voters to present a photo ID before casting a ballot. Acceptable forms of ID include driver’s licenses, passports, student IDs, and more.

A voter with an acceptable ID can still vote using a provisional ballot. But the voter must later submit proof of identity to authorities for the vote to count.

Housing Ordinances and Immigration

The federal Fair Housing Act protects people’s rights to housing. These rules apply to people looking at renting, buying, selling, or seeking housing assistance. These rights are available regardless of their immigration status. It also bans fair housing discrimination on the following bases:

• Race
• National origin
• Religion
• Sex
• Familial status
• Disability

Get Legal Help From an Immigration Attorney

Understanding immigration law can be confusing and frustrating. With ever-changing laws and frequent amendments, it’s natural to feel overwhelmed and lost in the process.

Fortunately, legal help for immigration issues is available. Kansas immigration attorneys provide support and advocacy for several aspects of the immigration process and legal issues. Get help with:

• Obtaining U.S. Citizenship through naturalization
• Acquiring lawful permanent status or green card visa
• Facing deportation or removal proceedings
• Petitioning noncitizen family members
• Navigating other immigration issues

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Kansas. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Kansas: Related Resources

Various organizations in Kansas provide widespread advocacy for immigrants. These organizations have offices throughout the state, from Kansas City to Topeka. Some of the organizations offering legal help to immigrants in Kansas include:

• Immigration Connection, Inc. provides low-cost legal services to immigrants.
• International Rescue Committee helps asylees, refugees, victims of domestic violence, and victims of human trafficking.
• Immigration Advocates Network offers a directory of organizations that provide help to immigrants.