DOJ Sues Kentucky Over Policy Offering Discounted Tuition to Undocumented Immigrants

On Tuesday, Attorney General Pam Bondi announced the filing of a lawsuit by the Justice Department against Kentucky over its policy permitting illegal immigrants to qualify for in-state tuition rates at public universities. The case, U.S. v. Andrew Beshear, was submitted to the Eastern District of Kentucky court and contends that this law “unconstitutionally discriminates against U.S. citizens” who do not receive the same benefits. Bondi emphasized the need to protect American citizens from being treated “like second-class citizens” in their own country by making financial advantages available to illegal aliens, referencing a recent successful legal challenge in Texas on the same issue.

Responding to the lawsuit, a spokesperson for Kentucky’s Democratic Governor, Andy Beshear, stated that the governor had no part in crafting the policy, asserting that it falls under the jurisdiction of the Kentucky Council on Postsecondary Education (KCPE), an independent body. The spokesperson also noted that they had not received prior notice of the lawsuit and argued that the regulation in question had been implemented before 2010. This emphasis on the independence of KCPE suggests that Governor Beshear aims to distance himself from the policy, indicating that he should not be implicated in the lawsuit.

Melissa Young, speaking for the KCPE, revealed that the agency had only learned of the lawsuit on the morning it was announced and is currently reviewing the regulations involved. As such, they were unable to provide detailed comments or a formal stance on the matter at the time. This highlights the confusion and lack of preparedness surrounding the lawsuit, which may complicate the state’s defense against the federal challenge. The KCPE’s review process indicates a cautious approach as they assess the implications of the lawsuit on their existing policies.

Republican lawmakers in Kentucky have criticized Governor Beshear, claiming he has failed to rectify what they label as an unjust and unconstitutional law. State Representative T.J. Roberts, who has previously introduced a bill aimed at removing illegal immigrants from Kentucky residency status for educational purposes, expressed his support for Bondi and President Trump in addressing this issue. He accused the governor of ignoring legislative attempts to correct the law and noted the ongoing legal challenges aimed at protecting the rights of U.S. citizens.

Roberts further asserted that the Beshear administration has failed to take corrective actions, despite being offered opportunities to do so, particularly in light of the legal precedent set in Texas. He contended that the governor’s administration is manipulating regulatory processes for his political benefit while neglecting his duty to Kentucky citizens. This charge underscores growing frustrations among Republicans regarding the perceived inaction of the Beshear administration in dealing with immigration-related policies.

As the lawsuit unfolds, it raises several critical questions about the intersection of immigration policy and education law in Kentucky. The issue not only affects the legal standing of the state’s tuition policy but also reflects broader national debates about immigration and citizenship rights. The outcome may have significant ramifications for how states implement educational benefits and could set a precedent for similar cases across the country, emphasizing the ongoing contentious landscape of immigration policy in the United States.