Legislative Update: Week 7

Civil liberties continue to be the target of the Kansas legislature. This remains a multi-front assault. Attacks on voting access and singling out immigrant communities have all been on the docket this week. Take a look at what you might have missed week seven of the Kansas 2025 Legislative Session:

Senate Bill 254 (SB 254): Prohibition of Public Benefits to Undocumented Immigrants 

We opposed SB 254, which seeks to prohibit individuals without lawful immigration status from accessing in-state tuition rates. This bill would not only strip opportunities from hardworking Kansas students but also create a two-tiered justice system that disproportionately harms immigrant communities. Beyond education, SB 254 amends the statute governing pretrial release, to introduce a dangerous rebuttable presumption of flight risk for undocumented individuals charged with a crime. 

Senate Bill 4 (SB 4): Elimination of the Three-Day Mail Ballot Processing Window 

SB 4 eliminates the current three-day processing window that allows mail-in ballots postmarked by Election Day to be counted. We vehemently oppose this bill, as it would disenfranchise thousands of Kansas voters, particularly those in rural areas, the elderly, and individuals with disabilities who rely on mail-in voting. Removing this processing window ignores potential postal delays and imposes undue burdens on voters, effectively suppressing voter participation and undermining the democratic process. Our opposition testimony, detailing the adverse impacts of SB 4, can be found on our website.  

Senate Concurrent Resolution 1611 (SCR 1611): Proposal for Direct Election of Supreme Court Justices 

SCR 1611 proposes a constitutional amendment to start holding direct, partisan elections for Kansas Supreme Court justices and eliminate the current, independent selection system. We strongly oppose this resolution, as it threatens the impartiality and independence of our judiciary. Introducing partisan elections into the judicial selection process would subject judges to political pressures and campaign financing influences, thereby compromising their ability to make unbiased decisions based solely on the law. Our detailed testimony outlining these concerns is available on our website. 

Week Ahead: Kansas Legislature (March 4 - March 8, 2025) 

The Kansas Legislature continues advancing restrictive policies affecting civil rights, education, and immigration. This week, several bills will be heard that threaten diversity initiatives, immigrant protections, and the rights of transgender students. The ACLU of Kansas will be closely monitoring and testifying against measures that undermine fundamental rights. 

On Tuesday, the House Commerce, Labor, and Economic Development Committee will hear HB 2290, the Kansas Land and Military Installation Protection Act. This bill seeks to prohibit foreign entities from acquiring land near military sites. The ACLU of Kansas opposes this legislation due to its vague definitions, which could allow for arbitrary enforcement. Additionally, it risks fueling xenophobic narratives by disproportionately targeting specific nationalities. Similar legislation in other states has had unintended economic consequences, deterring international businesses from investing in local economies. 

On Wednesday, the House Education Committee will consider SB 76, which mandates that school employees use the name and pronouns that align with a student’s birth certificate. The ACLU of Kansas strongly opposes this bill, as it directly targets transgender and non-binary students by denying them the right to have their identities recognized in school settings. This policy could contribute to increased mental health risks, including depression and anxiety, and may conflict with federal Title IX protections against sex-based discrimination. School districts enforcing this policy could face legal challenges and liability issues. 

On Thursday, the Senate Federal and State Affairs Committee will hear SB 178, which would require Kansas law enforcement agencies to enter into agreements with U.S. Immigration and Customs Enforcement (ICE) for the enforcement of federal immigration laws. The ACLU of Kansas opposes this bill due to its harmful impact on community safety. Research has shown that when local police are required to enforce federal immigration laws, immigrant communities are less likely to report crimes, leading to decreased public safety for everyone. Additionally, the policy could result in racial profiling and place significant burdens on local law enforcement agencies, diverting resources away from addressing local crime. 

Also on Thursday, the Senate Judiciary Committee will hear HCR 5008, a proposed constitutional amendment that would grant the legislature greater authority to oversee and veto executive branch regulations. The ACLU of Kansas opposes this amendment, as it threatens the separation of powers and could lead to political interference in public health, environmental, and labor protections. If passed, this measure would require voter approval, setting up a significant political battle in the upcoming election cycle. 

DEI attacks continue  

The ongoing fight over diversity, equity, and inclusion (DEI) funding remains a major issue, as the Senate Budget Committee recently stripped $4 million from the Governor’s budget and the Department of Administration, placing the funds under the State Finance Council until proof is provided that DEI programs and policies have been eliminated. This move reflects a broader nationwide effort to dismantle diversity initiatives in government and education. 

As the week unfolds, the ACLU of Kansas will continue to advocate against legislation that undermines civil rights and liberties. The organization remains committed to ensuring that the voices of impacted communities are heard and that legal challenges are pursued where necessary.