The federal law in questions is section 505 of the Illegal Immigrant Reform and Immigrant Reconciliation Act of 1996 which requires all US citizens receive the same tuition benefits that illegal immigrants do regardless of state of residency.
“The decision also makes it clear that federal law preempts many benefits that are being dispensed to illegal aliens that are expressly prohibited under the Welfare Reform Act," Kobach said in an IRLI report. "In the court's opinion, citizens have the right to go to court and sue to prevent illegal aliens from benefiting from a whole range of government programs."
Currently, 9 states have laws granting tuition breaks for illegal aliens on the books. Kansas being one of them.