The Justice Department sued Kentucky Gov. Andy Beshear and state officials for a policy the Trump administration says unlawfully allows illegal immigrants living in the Bluegrass State access to in-state college tuition.
In a lawsuit filed in the Lexington-based Eastern District federal court, the Trump administration alleges the regulation unconstitutionally discriminates against American citizens.
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” Attorney General Pam Bondi said, according to Fox News.
DOJ Sues Kentucky Democrat Gov. Andy Beshear for Offering Reduced In-State Tuition to Illegal Aliens https://t.co/7WcwcLgUT4
— Steve Ferguson (@lsferguson) June 19, 2025
Fox News reports:
When reached for comment, a representative for Democratic Gov. Andy Beshear said he had no role in creating the policy and that it is enforced by the Kentucky Council on Postsecondary Education (KCPE) which is an independent agency.
“We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it,” Beshear spokesperson Crystal Staley told Fox News Digital.
Staley said the regulation was issued “before 2010” and that KCPE, not Beshear, has sole authority to determine tuition-related residency requirements.
“The governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit.”
Melissa Young, a KCPE spokesperson, said the agency just found out about the lawsuit on Tuesday morning and that they are not prepared to offer detailed comment.
“This unconstitutional regulation turns our universities into sanctuary cities, costing Kentuckians an estimated $5 million annually to benefit hundreds of illegal aliens—while denying the same opportunity to out-of-state U.S. citizens,” Kentucky state Rep. T.J. Roberts said.
“I introduced HB 352 to BAN in-state tuition for illegals and stop Kentucky Universities from harboring illegals. Thank you to @tichenor4ky and the Kentucky Student Rights Coalition for fighting for this bill. While it didn’t make it across the finish line, we sent a message and WASHINGTON DC HEARD US LOUD AND CLEAR!” he continued.
“Now, the Trump Administration and the Department of Justice have stepped in with a federal lawsuit filed yesterday against Beshear and the Kentucky Council on Postsecondary Education, validating the fight I took on right after I got elected,” he added.
I Exposed Beshear’s Tuition Handouts to Illegal Migrants – Now the Trump Administration is Suing Beshear to put an end to it!
Back in November, I was the one who first exposed the outrageous policy under Governor Andy Beshear’s regime that forces Kentucky taxpayers to… pic.twitter.com/Pn1NMLNqSd
— TJ Roberts (@realTJRoberts) June 18, 2025
Per WHAS 11:
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.