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TOPEKA, Kansas — A longstanding Kansas policy allowing certain noncitizen students to qualify for in-state college tuition will remain in place after Gov. Laura Kelly vetoed legislation aimed at ending the benefit.

The bill, backed by many Republican Party lawmakers, would have eliminated eligibility for students who attended Kansas high schools but lack legal residency. Kelly, a Democrat, said the proposal unfairly penalized individuals brought to the U.S. as children, arguing the state benefits when those students pursue higher education and enter the workforce.

The measure passed both chambers of the legislature but fell short of the margins needed to override a veto. Lawmakers are expected to reconvene and could attempt another vote, though the outcome remains uncertain.

Kansas has allowed eligible students to receive in-state tuition since 2004, with more than 5,000 students benefiting from the policy. Supporters of the bill argued it would reduce taxpayer costs and align with federal law, though multiple state agencies reported little to no fiscal impact.

During debate, some lawmakers challenged claims that the policy violated federal law or cost hundreds of millions annually, with critics calling those figures misleading. Others framed the issue as one of fairness and legal accountability.

The veto leaves the current policy intact while the legislature weighs next steps.

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