Kansas House Bill HB2373

Kansas 2025-2026 Regular Session

• Introduced: 2/11/25
• Refer: 2/11/25

Caption

Prohibiting aliens who are unlawfully present in the United States from receiving any state or local public benefit in accordance with applicable federal law.

Summary

HB 2373 would tighten Kansas rules on access to state and local public benefits for noncitizens. The bill bars aliens who are unlawfully present in the United States from receiving state or local public benefits except where federal law requires otherwise, and it requires applicants age 18 or older to provide proof of U.S. citizenship, permanent residency, or lawful presence when applying for such benefits. It also directs state, county, and local agencies to verify lawful presence through the federal Systematic Alien Verification for Entitlements (SAVE) program and to cooperate with the U.S. Department of Homeland Security in carrying out those checks. The bill also reaches higher education and criminal procedure. It would prohibit unlawfully present aliens from receiving reduced resident tuition or fee rates at postsecondary institutions, and it would void any conflicting provision of existing Kansas law. In criminal cases, it would require verification of immigration status for defendants who are not U.S. citizens or nationals, create a rebuttable presumption that a person determined to be unlawfully present is a flight risk for bond purposes, and allow a defendant’s lawful presence to be considered when setting release conditions. The bill also includes a severability clause and amends K.S.A. 22-2802, repealing the current version of that statute.

Impact

HB 2373 would amend Kansas law governing public benefits eligibility, tuition discounts at postsecondary institutions, and pretrial release procedures. It would impose new verification duties on state and local agencies, require documentary proof of lawful presence from adult applicants for covered benefits, and make conflicting state provisions unenforceable to the extent they allow benefits or reduced tuition for unlawfully present aliens. It would also revise the state’s bond statute to add immigration-status verification and a flight-risk presumption tied to unlawful presence.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the measure appears to be framed as a restrictive immigration-enforcement bill rather than a broadly negotiated policy change. The caption and operative provisions suggest support from sponsors seeking tighter eligibility screening and stronger coordination with federal immigration verification systems. No contrary testimony, amendments, or vote history is provided here, so there is no documented public opposition or support beyond the bill’s stated purpose.

Contention

The main points of contention are likely to be the bill’s treatment of immigrants in access to public benefits, in-state tuition, and pretrial release. Critics would likely object to the requirement that agencies verify lawful presence before providing benefits, the categorical denial of reduced tuition to unlawfully present aliens, and the presumption that unlawfully present defendants are flight risks. Supporters would likely argue these provisions align state practice with federal law and improve enforcement and public safety. The bill also raises potential legal concerns because it expressly contemplates severability if any provision is found unconstitutional.