President Donald Trump’s administration has asked a federal judge to strike down a Kentucky regulation that it says unlawfully gives undocumented immigrants access to in-state college tuition.
The U.S. Justice Department’s lawsuit says the regulation violates federal immigration law by enabling undocumented students to qualify for the lower tuition rate at Kentucky’s public colleges and universities, while American citizens from other states pay higher tuition to attend the same schools.
“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. There are no exceptions,” the suit said.
The lawsuit, filed Tuesday in a federal court in Kentucky, follows a similar action by Trump’s administration in another red state as part of its efforts to crack down on immigration.
A federal judge blocked a Texas law that had given college students without legal residency access to reduced in-state tuition. That order only applied to Texas but was seen as an opening for conservatives to challenge similar laws in two dozen states. Such laws were intended to help “Dreamers,” or young adults without legal status, to be eligible for in-state tuition if they meet certain residency criteria.
“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,” Attorney General Pam Bondi said in a statement.
The lawsuits in both states follow recent executive orders signed by Trump designed to stop any state or local laws or regulations the administration feels discriminate against legal residents.
The Texas suit listed the State of Texas as the defendant but did not name the state’s Republican governor as a defendant. The suit in Kentucky names Democratic Gov. Andy Beshear as one of the defendants.
The Kentucky regulation in question appears to have been issued by the state’s Council on Postsecondary Education before 2010, Beshear’s office said Wednesday in a statement that attempted to separate the governor from the legal fight.
Beshear — who was first elected governor in 2019 and is now in his second and last term due to term limits — is widely seen as a potential presidential candidate in 2028.
Credit: Associated Press
