Kansas recently passed a new law, HB 2350, that makes “human smuggling” a felony. Understandably, many people are worried: Does this mean I can get arrested for giving my undocumented friend a ride to the doctor or their ICE check-in?

The short answer: Probably not. The law is much narrower than many fear—if it’s interpreted the way it’s written. 

What the Law Actually Says

To be convicted of “human smuggling” under HB 2350, the State must prove all four of these elements:

1. You intentionally transported, harbored, or concealed someone in Kansas;

2. You knew or should have known the person was in the U.S. “illegally”;

3. You received a financial benefit for doing so; and

4. You knew or should have known the person “is likely to be exploited for the financial gain of another.”

That fourth element is what makes the law so narrow—and why it likely won’t apply to most everyday interactions.

What the Law Doesn’t Cover: Everyday Scenarios

Driving a Friend to the Doctor

You might meet the first element (transporting someone), and maybe even the second (knowing they’re undocumented). But:

• You’re not getting paid (no financial benefit);

• And your friend isn’t being exploited for someone else’s gain.

This is the kind of good-faith, neighborly help that shouldn’t fall under the statute.

Renting to an Undocumented Tenant

Unless you specifically know your tenant is undocumented—and that they’re being exploited—you’re probably not liable. Landlords don’t typically meet any of the required elements, especially not the last two.

The Big Question: What Does “Illegally” Even Mean?

This part is murky. Immigration status isn’t always clear-cut. Here are a few examples:

• DACA recipients don’t have a visa or green card, but they have work permits and Social Security numbers.

• People under “orders of supervision” check in regularly with ICE and may have work permits, but no permanent status.

• Some people have no formal status but haven’t been ordered removed by a judge—so their status is still unresolved.

• Others might unknowingly be U.S. citizens due to a parent or grandparent’s status.

So even the second element—knowing someone is here illegally—can be difficult for the State to prove.

What Does This Mean for You?

This law isn’t written to target good samaritans. It’s meant to go after people who are knowingly helping exploit others for profit—like taking someone to a known trafficker or a shady employer.

If you’re just helping a neighbor or friend, you’re not the target of this law. And if the law is applied as written, you shouldn’t be at risk.