The United States Department of Justice is suing Kansas over the policy that allows undocumented students to receive in-state tuition.

On Wednesday, the department filed a complaint against Kansas and joined with the State in filing a consent decree — a legally binding settlement that is approved and enforced by a court. 

The proposed consent decree would bar Kansas from enforcing laws that require public colleges to offer in-state rates to all noncitizens who live in the state, regardless of immigration status.

Currently, undocumented students are eligible to receive in-state tuition if they attended a Kansas high school and have not committed a felony. 

The Department argues that the Kansas law unconstitutionally discriminates against Americans, and incentivizes and rewards illegal activity. 

In February, Kansas lawmakers attempted to pass Senate Bill 254, which would bar undocumented Kansans from receiving public benefits, including in-state tuition. The bill was passed, but was then vetoed by Governor Laura Kelly.

This is the 10th lawsuit to be filed against states that gave reduced tuition to undocumented students. Four states — Texas, Kentucky, Oklahoma and Nebraska — have already been resolved, while five — Illinois, Minnesota, Virginia, California and New Jersey — are still pending.