Trump Administration Files Lawsuit Against Kentucky Regarding In-State Tuition for Undocumented Immigrants

DOJ Sues Kentucky Governor Over Tuition Policy

The Department of Justice (DOJ) has initiated legal action against Kentucky’s Democratic Governor Andy Beshear. This lawsuit focuses on state regulations that permit certain public universities to qualify for in-state tuition fees.

The DOJ contends that Kentucky improperly designates individuals without legal status as state residents, allowing them to access reduced tuition while U.S. citizens from other states face higher rates. This legal move aligns with the Trump administration’s enhanced scrutiny of jurisdictions that fail to comply with federal immigration laws.

The DOJ argues, “Unequal treatment of Americans is prohibited by federal law, which clearly states that individuals unlawfully present in the United States do not qualify for benefits based on their residency.”

As revealed in 2022, there are approximately 50,000 undocumented immigrants said to be residing in Kentucky, according to the Pew Research Center.

Alongside Beshear, the lawsuit also targets the chair of the state’s Board of Education and the Board of Secondary Education (CPE), which is responsible for setting tuition rates and determining residency qualification within the state.

There are significant concerns regarding the Council of Post-Secondary Education’s adherence to federal law. Maintaining in-state tuition fees for Kentucky’s public universities is deemed essential for fostering the state’s potential and boosting the national economy. The office expresses support for the Trump administration’s initiatives aimed at enforcing federal laws in Kentucky.

In February, President Trump enacted an executive order titled “End of Open Border Taxpayer Subsidies,” which emphasizes that taxpayer-funded benefits should not be extended to individuals lacking qualifications. Another order directed authorities to contest state and local laws that favor illegal immigration over the rights of American citizens.

Recently, the DOJ also filed a comparable lawsuit against Texas regarding “dream laws.” Shortly after this filing, Texas Attorney General Ken Paxton joined the Trump administration in a complaint aimed at eliminating this policy.