Welcome to FindLaw's coverage of existing Kansas legislation and rules related to individuals' immigration status. However, it is important to be aware of the relationship and tension between state and federal law when it comes to subjects involving immigration. Below you will find information on what, if any, rules Kansas has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Although immigration and enforcement are typically matters dealt with by federal immigration authorities, an increasing number of local and county law enforcement officials are starting to assist with, investigate, or pursue suspected immigration-related offenses. Also, under a federal program known as "Secure Communities", all individuals arrested are fingerprinted and run through a database which checks their immigration status. However, some states are considering and sometimes passing legislation permitting local governments to "opt out" of such programs.
Under federal law, employers should refer to federal employment eligibility verification rules, as well as the requirements for Form I-9.
Kansas does not currently impose any E-Verify requirements on government or private employers.
Applicants for Kansas drivers licenses must present documentary proof of legal presence in the United States in addition to proof of identity. Kansas' Department of Revenue's site contains the specific requirements for driver's licenses in the state.
Under federal law, illegal immigrants are prohibited from receiving public benefits, although they are allowed to receive emergency services, health care, and other programs that have been identified as "necessary to protect life and safety."
Kansas is among the states who have acted to permit in-state tuition benefits for qualifying students who do not have lawful presence in the United States.
Until recently, Kansas did not have it's own state mandated Voter ID law. However, a strict new Voter ID law imposes a requirement that voters, with a few exceptions, present a photo ID prior to casting a ballot. Acceptable forms of ID include driver's licenses, passports, student ID's, passports, and more. A voter who lacks acceptable ID can still vote using a provisional ballot, but must later submit proof of identity to authorities for the vote to count.
Contact a qualified immigration attorney to help you get the best results possible.