The U.S. Department of Justice, under the Trump administration, has filed a lawsuit against Kentucky officials—including Governor Andy Beshear—challenging a state regulation that grants in-state college tuition to undocumented immigrants, igniting a high-stakes battle over state rights and federal control.
At a Glance
- Trump’s DOJ sued Kentucky’s Council on Postsecondary Education and Gov. Beshear on June 17 over a regulation that treats undocumented students who graduated from Kentucky high schools as in-state residents
- The lawsuit argues the policy violates federal immigration law, which prohibits undocumented individuals from receiving benefits not equally available to U.S. citizens
- Kentucky GOP leaders support the suit, citing a recent federal victory in Texas that struck down a similar policy
- Beshear’s office says he has no authority over the independent education council and should not have been named
- The lawsuit may set a precedent for challenging tuition equity laws in nearly two dozen states
Lawsuit Targets State-Level Program
The DOJ contends that Kentucky’s regulation conflicts with federal law by granting in-state tuition to so-called “Dreamers” who lack lawful presence—while denying the same benefit to out-of-state U.S. citizens. Attorney General Pam Bondi emphasized that no state may treat undocumented students differently than American citizens, as reported by AP News.
GOP Support, Democratic Pushback
This move follows a similar case in Texas, where the DOJ successfully overturned a two-decade-old tuition equity policy. Republican Kentucky Attorney General Russell Coleman and GOP legislators argue Kentucky’s policy undermines both federal authority and taxpayer fairness.
Governor Beshear’s team insists the policy was set before his term and is managed solely by the independent Council on Postsecondary Education. Spokeswoman Crystal Staley said Beshear had no role in establishing the regulation and shouldn’t be a defendant, according to AP News.
Broader Implications
With 23 states plus D.C. currently offering in-state tuition to undocumented students, this lawsuit could trigger nationwide reviews of “tuition equity” policies. Advocates warn that, unless state laws are carefully drafted, more such programs could be threatened, according to AP News.
The case raises key questions about federal supremacy versus state autonomy, and the evolving role of undocumented students in higher education access.
