DOJ Suing Kentucky Over In-State College Tuition Rates for Illegal Immigrants
“The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens.”
Earlier this month, the state of Texas ended in-state tuition for illegal immigrants.
Now the state of Kentucky is looking at a lawsuit from the Department of Justice based on the same issue.
FOX News reports:
Discounted college tuition for illegal immigrants policy leads DOJ to sue Kentucky
Attorney General Pam Bondi announced Tuesday the Justice Department will be filing suit against Kentucky for a policy that allows illegal immigrants residing in the Bluegrass State to qualify for in-state tuition rates at public universities.
U.S. v. Andrew Beshear was filed in the Lexington-based Eastern District federal court, alleging the law “unconstitutionally discriminates against U.S. citizens not afforded the same privilege,” perceptibly from out-of-state.
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” Bondi said.
“The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens.”
When reached for comment, a representative for Democratic Gov. Andy Beshear said he had no role in creating the policy and that it is enforced by the Kentucky Council on Postsecondary Education (KCPE) which is an independent agency.
“We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it,” Beshear spokesperson Crystal Staley told Fox News Digital.
The Courier Journal has more on the political implications of the suit:
The lawsuit quickly gained support from some Republicans in Kentucky, including the state’s top law enforcement official Attorney General Russell Coleman, who said he has “serious concerns” with the current law.
State GOP spokesperson Andy Westberry called on Beshear to end the practice, arguing the lawsuit shows the governor’s “hand-picked appointees on the Council on Postsecondary Education are working to turn Kentucky into a shadow sanctuary state by providing taxpayer-funded benefits to individuals in the country illegally — benefits not available to U.S. citizens.”
Beshear has made appointments to the board during his time as governor after taking office after the 2019 election, though Staley’s statement said it “appears this regulation was issued by the Kentucky Council on Postsecondary Education (CPE) before 2010.”
And Rep. TJ Roberts, R-Burlington, commended the DOJ’s move in a separate statement, arguing the current law is “unconstitutional discrimination.”
It continues: The @TheJusticeDept has sued Kentucky to stop taxpayer-funded in-state tuition for illegals –
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens”https://t.co/QDurJXkoQU pic.twitter.com/tvbVqQzhXB— Jane Coleman (@JaneBColeman) June 18, 2025
It’s time to end all incentives for people who are in the country illegally. Stop giving people a reason to come here without following the rules.
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“It’s time to end all incentives for people who are in the country illegally. Stop giving people a reason to come here without following the rules.”
AMEN! Now add public education.
And if they are here illegally, why are they even permitted to attend college? Shouldn’t they just be deported?
The subsidies are stupid also, but more like the stupid frosting on top of a donut full of dumb.
“Free, Free, Everything in America is Free…” Stop the free for illegals and the border seals itself.
Next step… stop birthright citizens and Birth tourism (pregnant tourists taking advantage of free hospital care and citizenship for their baby.)
All illegal aliens should get nothing free from the Federal, State, or Local governments. The only thing illegal aliens should get is a ride out of the country to the next country the came in from.
From 6,000 feet, I’m somewhat bemused at where any federal nexus occurs here.
If a state wants to take 20% of its education tax revenues and use the currency for toilet paper in government buildings, I don’t see how this rises to a federal issue. The whole argument of “this discriminates against the citizens of other states” seems artificial and inapplicable, when the entire concept of in-state and out-of-state tuition itself discriminates against the citizens of other states, and yet is not being challenged in any way by the lawsuit.
The issue is equality before the law. A US citizen from another state has to pay the full tuition, while a citizen of another nation gets a discount. The US citizen is not treated equally. Further, the advantage the foreigner has been given has been gained by a criminal act.
Plus, it’s settled law that the feds determine immigration policy, so this is interfering with that power.
that’s because the citizen from another state doe not resides in KY,..Would this be an issue if KY gave in state tuition to a green card holder living in the state?
The argument still seems invalid. One could make your argument just as easily against Trump’s Gold Card immigration offer. A state should have the flexibility to spend its own money any way it chooses, whether or not they cut citizens of another state in on the deal.
A very cogent example: states routinely arrange to offer in-state tuition to residents of an other state within so many miles of their border, or residents of specifically named other states, or out-of-state students wishing to take concentrations not available at their home colleges, Such arrangements exclude the average American citizen in a randomly chosen US location, but have never been controversial.
The issue is that there’s a federal statute specifically forbidding this. In the absence of such a statute you’d be right, there’d be no case.
New Jersey does as well and gives financial aid to illegals.
What were the illegals’ SAT scores?
I’m sure every one of them was in the “will cure cancer” range.
Does it matter? They’re going to get admitted because they’re “diverse” and the admissions board will feel good about themselves favoring a Guatamalen over a kid from McKee.
NM offers in state tuition and state financial aid to illegal aliens.
So does California. In fact, California has the greatest variety of state-funded benefits available only to illegal aliens, not even available to their own citizens.
Every admission given to an illegal is a citizen deprived of an opportunity. With DEI adjustments to admissions, it’s likely taken from a more qualified student.