The Department of Justice filed a lawsuit against Kentucky over a state regulation allowing undocumented immigrants to receive in-state tuition at public colleges and universities. The DOJ argues the policy violates federal law and the Constitution’s supremacy clause.
“Federal law prohibits aliens not lawfully present in the United States from getting in-state tuition benefits that are denied to out-of-state U.S. citizens,” the complaint states.
Attorney General Pamela Bondi said the department “just won on this exact issue in Texas” and vowed to “protect the rights of American citizens” in Kentucky.
The lawsuit names Gov. Andy Beshear (D), though his office said he should not be a party. “The Governor has no authority to alter CPE’s regulations,” said spokeswoman Crystal Staley, referring to the Council on Postsecondary Education.
The lawsuit seeks an injunction and could impact tuition policies in other states offering similar benefits. It also aligns with President Donald Trump’s executive orders limiting taxpayer-funded benefits for undocumented immigrants.
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