A federal lawsuit from the Justice Department challenges Kentucky’s longstanding policy that grants in‑state college tuition to undocumented students. AG Pam Bondi, representing the Trump administration, argues the policy unfairly benefits illegal immigrants over out‑of‑state American citizens—violating federal immigration law.
Kentucky’s regulation, dating back before 2010 and set by the independent Council on Postsecondary Education (CPE), allows undocumented students who graduate from state high schools to qualify for in-state tuition. The DOJ contends this breaks 8 U.S.C. § 1623(a), which forbids giving such benefits to non‑lawfully present aliens unless equally available to all U.S. citizens.
Attorney General Bondi stressed, “No state can be allowed to treat Americans like second-class citizens…offering financial benefits to illegal aliens.” The DOJ cited its recent victory in Texas on a nearly identical policy as precedent for this Kentucky challenge.
Gov. Andy Beshear’s office sought to distance itself, asserting the policy is managed by CPE and that Beshear has no authority to change it. The administration claims they received no notice before the lawsuit.
Republican Kentucky AG Russell Coleman and GOP legislators have backed the DOJ’s action, warning the regulation undermines legal residents and violates constitutional principles. One Republican lawmaker called Kentucky a “shadow sanctuary state.”
Legal advocacy groups representing undocumented students are preparing to challenge the lawsuit. They warn a ruling against Kentucky could set a precedent for 23 other states that offer similar in-state tuition benefits for undocumented students.
This federal lawsuit signals a sharp escalation in the Trump administration’s efforts to override state and local immigration initiatives viewed as conflicting with federal law. The outcome may determine whether uniform federal standards will trump state discretion on immigration-linked education policies.
