Kentucky Sued by the DOJ for Giving Tuition to Illegal Aliens

By The Blog Source

Kentucky's policy of allowing illegal aliens to receive in-state tuition was the subject of a federal lawsuit filed by the Department of Justice on Tuesday. U.S. v. Andrew Beshear, a federal lawsuit, claims that Kentucky's policy of providing in-state tuition to illegal aliens favors noncitizens over U.S. citizens. 

"No state can be allowed to treat Americans like second-class citizens," said Attorney General Pam Bondi, adding that DOJ recently prevailed in a case along these lines in Texas. According to the governor's office, the policy was in place prior to his appointment and is the responsibility of the Kentucky Council on Postsecondary Education (KCPE), not the governor.

The Department of Justice has challenged a provision that allows illegal aliens residing in Kentucky to pay in-state tuition at public colleges in a lawsuit against the state. The state is accused of unconstitutional discrimination in the case, which was filed Tuesday in the U.S. District Court for the Eastern District of Kentucky, for providing illegal aliens with a financial benefit but denying the same to out-of-state U.S. residents.

In a statement, U.S. Attorney General Pam Bondi stated, "This is about fairness." "It is unacceptable for any state to treat its residents as second-class citizens by providing financial advantages to undocumented immigrants." Bondi expressed confidence that the DOJ will win in Kentucky again, citing a recent legal victory in Texas on a substantially identical subject.

The Kentucky Council on Postsecondary Education (KCPE), an independent state organization, is responsible for administering the policy at the heart of the legal dispute. The office of Democratic Governor Andy Beshear asserts that Beshear was not involved in the rule's development or implementation. Beshear's spokesperson Crystal Staley told Fox News Digital, "We haven't been served with this complaint, and we didn't have any prior contact with the Department of Justice about it or any advance notification." She stated that the regulation was adopted before 2010 and is well within the purview of the KCPE.

Melissa Young, a KCPE spokesperson, acknowledged that the organization was made aware of the lawsuit on Tuesday morning and has not yet developed a formal response. After the agency's internal examination is finished, a more thorough remark is anticipated from the general counsel's office, which is now analyzing the pertinent policies.

Kentucky lawmakers have also been motivated by the suit. House Bill 352, introduced by Burlington Republican State Representative T.J. Roberts, would officially prohibit illegal immigrants from being considered residents of Kentucky for tuition purposes. On X, Roberts took aim at the Beshear administration, saying it had several chances to repeal the policy but chose not to.

"I introduced legislation to put light on the issue, and after a successful court challenge in Texas, the Beshear administration has been given the chance to correct this error," Roberts stated. "Sadly, the governor has decided to overlook those chances and instead keeps violating the Constitution, using the regulatory process to further his personal goals, and abusing his positional authority to further his aspirations for national political prominence. It is an embarrassment to the people of Kentucky.”

The lawsuit will now proceed through the federal court system, affecting Kentucky and potentially other states that offer similar benefits to noncitizens.

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