In a move that has stirred political waters, President Trump’s Department of Justice has initiated a lawsuit against Kentucky Governor Andy Beshear and state education authorities. The contention? Offering in-state college tuition rates to undocumented immigrants while charging out-of-state American citizens the full fare.
The case, now lodged in the U.S. District Court for the Eastern District of Kentucky, specifically targets Governor Beshear, Education Commissioner Robbie Fletcher, and the Kentucky Council on Postsecondary Education (CPE). The DOJ claims these officials are in violation of federal law and contravene the Supremacy Clause of the U.S. Constitution.
Central to this controversy is a Kentucky administrative regulation—13 Ky. Admin. Regs. 2:045 § 8(4)(a)—which permits undocumented students who complete high school in Kentucky to access significantly reduced tuition rates. Meanwhile, American citizens from neighboring states bear the brunt of higher tuition costs.
“No state should be allowed to treat its own citizens like second-class residents while extending financial privileges to illegal immigrants,” asserted Attorney General Pamela Bondi. “Having secured a victory on this issue in Texas, we are prepared to defend the rights of American citizens in Kentucky.”
The DOJ’s complaint emphasizes that federal law, particularly 8 U.S.C. § 1623(a), specifically prohibits states from offering in-state tuition to undocumented individuals unless all U.S. citizens—regardless of their residency—are afforded the same opportunity. Kentucky’s current law directly contradicts this, establishing a discriminatory framework that benefits non-citizens at the expense of American taxpayers.
To complicate matters further, Kentucky has yet to enact a state law explicitly endorsing this benefit for undocumented immigrants—yet another breach of federal law under 8 U.S.C. § 1621(d). Instead, this benefit was conferred through bureaucratic means, circumventing the legislative process entirely.
Additionally, the lawsuit references recent Executive Orders from the Trump administration aimed at curtailing taxpayer support for illegal immigration. Executive Order 14218, signed in February 2025, stipulates that no taxpayer-funded benefits can be allocated to unqualified aliens.
Moreover, EO 14287 clarifies that any law granting preferential treatment to undocumented individuals over American citizens is illegitimate and unenforceable.
For those interested in the legal specifics, the complaint can be reviewed below:
