In a ruling that will have significant implications, undocumented immigrants in Kentucky will no longer be eligible for in-state tuition at public universities. This decision comes after a federal judge determined that such a policy breaches U.S. law, leading to a permanent halt on its enforcement.
The ruling was handed down by U.S. District Judge Gregory F. Van Tatenhove and marked a win for the Trump administration and Kentucky Attorney General Russell Coleman, who argued that the policy unfairly granted benefits to individuals not recognized under federal law.
As a result, Kentucky’s higher education system must adjust to eliminate the discounted tuition rates following extended legal disputes. The lawsuit claimed the policy contradicts federal law, which asserts that individuals without lawful presence in the U.S. cannot qualify for postsecondary education benefits based on state residency.
Coleman expressed his satisfaction with the ruling, highlighting that Kentucky’s education code infringed on the Constitution’s Supremacy Clause and indicated that the Kentucky Board of Postsecondary Education cannot enforce this policy moving forward.
He emphasized, “Federal law is unambiguous: Undocumented immigrants aren’t entitled to preferential treatment at Kentucky’s public universities, and Kentucky taxpayers should not bear those costs.” Coleman reaffirmed his commitment to supporting Kentucky students in achieving their potential.
Previously, a lawsuit filed in August by Bondi led Kentucky officials to agree to a consent decree instead of defending the policy vigorously.
Initially, the Department of Justice included Kentucky’s Governor Andrew Beshear in the lawsuit, although his office stated that the Kentucky KCPE Education Agency operates independently.
While Coleman and other advocates hailed the decision as a step toward ending the policy, Van Tatenhove’s ruling suggested the courts still need to address the law’s constitutionality.
In his judgment, the judge noted the ongoing debate regarding enforcement regulations, citing a future executive order aimed at eliminating taxpayer subsidies for “open borders.” He described his ruling as significant.
Following the consent decree’s establishment in late August, student advocacy groups sought to intervene, but the court dismissed their arguments supporting the policy.
Lastly, the court acknowledged that states might offer certain benefits to undocumented immigrants, but such actions must be enacted through legislation rather than agency regulation.
Fox News Digital has attempted to contact Governor Beshear for a response.
