The Department of Justice (DOJ) recently filed a lawsuit against the state of Kentucky. The DOJ is suing Kentucky over the state's regulations that allow in-state tuition prices to be provided for students who are illegal immigrants or who lack certain documentation.
“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” said Attorney General Pamela Bondi in a statement. “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.”
This case against Kentucky is a continuation of the Trump administration's push to eliminate American taxpayer funding for illegal immigrants. The Kentucky case is preceded by a court victory in Texas, which overturned a similar state law. These decisions also align with two executive orders signed by President Donald Trump aimed at curbing taxpayer-funded benefits for undocumented immigrants.
The DOJ is seeking an injunction against the Kentucky regulations, which would halt the legislation's implementation. The lawsuit claims that Kentucky's legislation violates federal immigration law and is unconstitutional under the Supremacy Clause of the Constitution. The Supremacy Clause is derived from Article VI of the United States Constitution. It establishes the Constitution and federal laws as superior to state and local acts and legislation, prioritizing federal power as the supreme law of the land.
The lawsuit named Democratic Governor Andy Beshear, a potential 2028 presidential candidate and designated that he is being sued in his official capacity. Beshear's office said they had not been served with a lawsuit or had any advance notice of one.
“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,” Crystal Staley, a spokeswoman for the governor, told The Hill. “The Governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit.”