The politically-charged lawsuit names multiple defendants who appear to have little to nothing to do with university tuition rates.
The federal Department of Justice has filed a lawsuit challenging a Kentucky policy offering in-state tuition rates to students who cannot demonstrate their legal presence in the United States.
According to The Hill, the lawsuit was filed earlier this week in U.S. District Court for the Eastern District of Kentucky. In court documents, the Justice Department asserts that Kentucky has run afoul of federal immigration regulations by providing reduced tuition to “illegal aliens.”
“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.”
Notably, in the Texas case, the state promptly agreed to rescind its policy.
The most recent lawsuit names Kentucky Gov. Andy Beshear, a Democrat, as a defendant.
Crystal Staley, a spokesperson for Beshear, said that the governor’s office has yet to receive a copy of the lawsuit.
“We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it,” Staley said.
“Under Kentucky law, [the 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,” Staley said. “The Governor has no authority to alter CPE’s regulations and should not be a party to this lawsuit.”
An official from the Council on Postsecondary Education further suggested that the Justice Department’s choice of defendants was unusual.
Jennifer Ginn, a spokesperson for the state’s Department of Education, pushed back on the inclusion of Education Commissioner Robbie Fletcher in the lawsuit, saying that he is “the chief state school officer for elementary and secondary education in Kentucky.”
“[Fletcher] is not charged with oversight or management of Kentucky’s postsecondary system,” said Ginn.
The lawsuit has received support from the Republican Party of Kentucky.
The state’s conservative attorney general, for instance, said that he has “serious concerns” that the tuition policy could violate federal law.
“Preserving in-state tuition for our citizens at the Commonwealth’s premier public universities is important to fostering Kentuckians’ potential and encouraging a vibrant state economy,” Coleman said. “Our Office will support the Trump Administration’s efforts to uphold federal law in Kentucky.”
The Kentucky Lantern notes that, earlier this year, a Republican state representative proposed a bill to undo the policy; however, a conservative-controlled committee declined to hold a hearing on the matter, effectively killing the legislation before it could move to the House floor.
Sources
DOJ asks judge to strike down Kentucky regulation on undocumented students’ tuition
Feds sue Kentucky, Gov. Beshear over tuition rates for undocumented immigrants
Trump Justice Department targets Kentucky policy on in-state college tuition for immigrants
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