The Department of Justice (DOJ) filed a lawsuit against Democratic Kentucky Gov. Andy Beshear on Tuesday over a state rule that allows illegal immigrations to qualify for in-state tuition rates at public colleges and universities.
The lawsuit alleges that Kentucky improperly categorizes individuals in the country without legal status as state residents, thereby making them eligible for reduced in-state tuition rates, while U.S. citizens from other states must pay higher tuition. The move coincides with the Trump administration’s heightened scrutiny of jurisdictions that do not comply with federal immigration laws.
“This unequal treatment of Americans is squarely prohibited and preempted by federal law, which expressly provides that ‘an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State . . . for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit . . . without regard to whether the citizen or national is such a resident,’” the federal government’s complaint reads.
As of 2022, there were approximately 50,000 illegal immigrants believed to be residing in Kentucky, according to the Pew Research Center.
In addition to Beshear, the lawsuit also lists the state’s Commissioner of Education and Council on Postsecondary Education (CPE). CPE is responsible for determining tuition rates and defining residency for in-state tuition eligibility, according to the suit.
“We have serious concerns that the Council on Postsecondary Education’s policy violates federal law. Preserving in-state tuition for our citizens at the Commonwealth’s premier public universities is important to fostering Kentuckians’ potential and encouraging a vibrant state economy,” said Kentucky Attorney General Russell Coleman, a Republican, in a statement shared with the Daily Caller News Foundation. “Our Office will support the Trump Administration’s efforts to uphold federal law in Kentucky.”
In February, President Donald Trump signed an executive order titled “Ending Taxpayer Subsidization of Open Borders,” directing all agencies to “ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens.” Another order, “Protecting American Communities From Criminal Aliens,” instructs officials to challenge state and local laws that prioritize illegal immigrants over American citizens.
The DOJ recently filed a similar lawsuit against the state of Texas, targeting its “Dream Act,” which allows those who are not lawfully present in the country to qualify for reduced tuition at public state colleges. Just hours after the lawsuit was filed, Republican Texas Attorney General Ken Paxton filed a joint motion with the Trump administration to effectively terminate the policy.
Neither Beshear’s office nor the DOJ responded to the Daily Caller News Foundation’s requests for comment.
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