Department of Justice Files Lawsuit Against Kentucky Over Tuition Regulations

The Department of Justice has initiated a lawsuit against Kentucky, claiming that the state unlawfully offers discounted in-state tuition to individuals without legal status. This action highlights concerns that the regulation “unconstitutionally discriminates against U.S. citizens.”

The lawsuit, revealed on Tuesday, states: “The United States is challenging a Kentucky regulation that grants reduced in-state tuition for illegal aliens. This law unconstitutionally disadvantages U.S. citizens, who do not enjoy the same benefits, clashing with federal law.”

It was reiterated in the suit that by providing reduced tuition rates for illegal aliens, Kentucky is in violation of federal immigration law, leaving American citizens without equivalent access to those benefits.

“No state should treat Americans like second-class citizens by giving financial advantages to illegal aliens,” remarked Attorney General Pam Bondi. “The Department of Justice recently won a similar case in Texas, and we’re ready to pursue this matter in Kentucky to safeguard the rights of American citizens.”

“In this complaint, the United States aims to stop the enforcement of a Kentucky regulation that mandates public colleges to offer in-state tuition rates for illegal aliens classified as Kentucky residents. Federal law prohibits higher education institutions from granting benefits to illegal aliens that aren’t available to U.S. citizens, making this regulation in direct conflict with federal law and unconstitutional under the Supremacy Clause of the U.S. Constitution,” the press release added.

Governor Andy Beshear, a Democrat, was named in the lawsuit, although his office quickly pointed fingers at the Kentucky Council on Postsecondary Education (CPE), which operates independently.

“We haven’t been formally notified of this lawsuit and were given no prior indication or discussion with the Department of Justice regarding it,” said Crystal Staley, a spokesperson for Beshear.

“According to Kentucky law, CPE is independent, with exclusive authority to define student residency for in-state tuition and sets its own rules. The Governor cannot change CPE’s regulations and shouldn’t be included in this lawsuit,” Staley remarked.

In a related note, Kentucky state Rep. T.J. Roberts expressed gratitude to President Donald Trump and Bondi for this legal action, as state Republicans have previously attempted to address the “discriminatory, anti-American statute.”

“The Beshear administration had chances to correct this issue, first when I introduced legislation to bring attention to it, and again after a successful legal challenge in Texas. Regrettably, the governor chose to overlook those chances, continuing to violate the Constitution and manipulate regulatory processes for his own political agenda. This is a disservice to the people of Kentucky,” Roberts stated.