DOJ asks judge to strike down Kentucky regulation on undocumented students' tuition

The Department of Justice (DOJ) sued Kentucky on Tuesday over a regulation allowing students lacking certain documentation to receive in-state tuition at colleges and universities.  

The lawsuit, filed in the Eastern District of Kentucky, alleges Kentucky is breaking immigration law by allowing reduced tuition for these individuals.  

“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. “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.” 

The DOJ named Democratic Gov. Andy Beshear, a potential candidate for the 2028 presidential election, in the lawsuit, though his office denied knowledge of it.

“We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it,” said Crystal Staley, a spokesperson for the governor.  

"Under Kentucky law, CPE [Council on Postsecondary Education] is independent, has sole authority to determine student residency requirements for the purposes of in-state tuition, and controls its own regulations. The Governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit,” Staley added. 

The lawsuit comes after conservatives saw an opening following a lawsuit in Texas, with more litigation for other states potentially on the horizon regarding this issue.

Texas had a similar provision allowing reduced tuition for students lacking certain documentation. When the federal government sued, the state did not fight it, and a judge ruled to block the state’s law.