Kansas AG Opinions, 2026

February 23, 2026 ATTORNEY GENERAL OPINION NO. 2026-6 Shirla McQueen SWMC Chief Legal Counsel Sharp McQueen, P.A. 419 N. Kansas Ave. P.O. Box 2619 Liberal, KS 67905-2619 Nathanial Foreman Seward County Counselor Tate, Kitzke & Foreman LLC 1024 S. Trindle St. P.O. Box 909 Hugoton,…

K.S.A. 76-731a provides certain illegal aliens with in-state tuition at Kansas postsecondary educational institutions. Because this statute provides a tuition benefit not available to U.S. citizens and provides an impermissible public benefit, the statute violates federal law. Cited herein: K.S.A. 76-731a.

K.S.A. 72-5179 requires the Kansas State Board of Education to pay for certain exams, including the ACT, for “any person who is regularly enrolled in any public school or accredited nonpublic school located in Kansas.” Nonpublic schools may seek and obtain accreditation by the Board, and the Legislature has consistently used the term “accredited nonpublic school” to refer to those schools that have done so. Accordingly, under K.S.A. 72-5179 the Board is only required to pay for exams for students who attend a public school or a nonpublic school that has been accredited by the Board.

K.S.A. 2-611 mandates that county residents elect the members of county extension councils. Because this statute concerns elections, counties may not invoke their home rule authority to exempt themselves from it.

K.S.A. 12-16,140 and 12-16,141 obligate state and local law enforcement officers to cooperate with federal immigration officials and to honor ICE detainer requests on the basis of such cooperation. State and local law enforcement officers are also authorized to arrest illegal aliens in cooperation with federal immigration officials.

January 6, 2026 ATTORNEY GENERAL OPINION NO. 2026-1 Richard Raleigh Harper County Attorney 201 N. Jennings Ave., 4th Floor Anthony, KS 67003 Re: Taxation—Correction of Irregularities—Unlawful Release, Discharge, Remission or Commutation of Taxes; Civil Action Authorized Thereon S…