DOJ Challenges Kentucky Tuition Policy for Immigrants

The U.S. Department of Justice has filed a federal lawsuit against Kentucky Governor Andy Beshear, Education Commissioner Robbie Fletcher, and the Kentucky Council on Postsecondary Education over a regulation allowing undocumented immigrants to receive in-state tuition rates at public colleges and universities. The DOJ argues that this policy unlawfully grants financial benefits to undocumented residents while out-of-state U.S. citizens pay higher rates, potentially violating federal law. Kentucky officials, including Beshear, assert that the governor lacks authority over CPE regulations and should not be named in the suit, as CPE independently sets tuition policies. The regulation in question reportedly dates back to before 2010, and about 50,000 undocumented immigrants live in Kentucky as of 2022. Supporters of the lawsuit, including Republican officials, claim the policy discriminates against out-of-state U.S. citizens. The case could set a precedent for how states structure tuition benefits for undocumented immigrants.