Bill
HB 2373
Prohibits unlawfully present aliens from most state/local public benefits in Kansas, requires SAVE verification, and imposes a flight-risk presumption for noncitizen defendants.
Title: Prohibiting aliens who are unlawfully present in the United States from receiving any state or local public benefit in accordance with applicable federal law
Status & key dates
- Introduced: February 3, 2025 (By House Committee on Federal and State Affairs)
- Committee hearing previously scheduled for February 17, 2025 (9:00 AM, Room 346‑S) — CANCELED
- Bill would amend K.S.A. 22‑2802 and add a new section on public‑benefit eligibility.
Purpose / intent
- To prohibit persons unlawfully present in the U.S. from receiving state or local public benefits in Kansas (subject to federal exceptions), and to require verification of immigration status for benefit applicants and certain criminal defendants when courts set pretrial release.
Key provisions
- Benefit prohibition: No alien unlawfully present may receive any state or local public benefit, except benefits required to be offered under 8 U.S.C. § 1621(b).
- Applicant proof requirement: Individuals aged 18+ applying for any state or local public benefit must provide documentary proof they are U.S. citizens, lawful permanent residents, or otherwise lawfully present. Acceptable documents include those recognized by the Division of Motor Vehicles under K.S.A. 8‑240 and federal documents confirming lawful presence.
- Verification requirement: State, county, and local agencies must verify applicants’ lawful presence using the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program and must cooperate with DHS in verification efforts.
- Definition notes:
- “Lawfully present” references 8 C.F.R. § 1.3.
- “Qualified alien” references 8 U.S.C. § 1641.
- “State or local public benefit” generally follows 8 U.S.C. § 1621, but expressly excludes driver’s licenses and identification cards issued by the DMV and expressly includes reduced in‑state tuition/fees at postsecondary institutions. The bill voids any conflicting provisions of K.S.A. 76‑731a (in‑state tuition law).
- Pretrial release changes (amendment to K.S.A. 22‑2802):
- If a person charged with a crime is not a U.S. citizen or national, the court must verify immigration status with the federal government (citing 8 U.S.C. § 1373(c)).
- Creates a rebuttable presumption that an unlawfully present alien is a flight risk when setting bond.
- Retains enumerated bond conditions and other magistrate authorities; includes a severability clause.
Who is affected
- Primary: aliens unlawfully present in Kansas (loss of access to covered state/local public benefits, in particular explicitly barred from reduced in‑state tuition).
- Government entities: state, county, and local agencies that administer public benefits (must implement SAVE checks and documentation procedures); courts and the Judicial Branch (must verify immigration status for non‑citizen defendants and apply new presumption standard).
- Other stakeholders: postsecondary institutions (tuition eligibility enforcement), Department for Children and Families, KDHE (Medicaid eligibility processes), county and municipal governments (administration/verification duties).
Fiscal impact (from Kansas Division of the Budget, Fiscal Note dated Feb 26, 2025)
- Judicial Branch: possible fiscal effect on expenditures due to additional verification requirements for courts; an accurate estimate cannot be made until courts operate under the law.
- Department for Children and Families: negligible fiscal effect.
- Kansas Dept. of Labor, KDHE: no fiscal effect reported by those agencies.
- KDADS: no direct effect (Medicaid eligibility administered by KDHE).
- Board of Regents: no reported fiscal impact.
- Counties / municipalities: Kansas Association of Counties and League of Kansas Municipalities report no or negligible fiscal effect (counties report affected individuals do not currently receive assistance).
Notes
- The bill references and incorporates federal statutory/regulatory definitions and programs (8 U.S.C. §§ 1373(c), 1621, 1641; 8 C.F.R. § 1.3; the SAVE program).
- This summary pertains to the Kansas HB 2373 (2025 session) as described in the provided fiscal note and bill text.
Compiled from official sources — confirm details with the bill’s official record.
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