Kentucky has officially agreed to end its in-state tuition policy for illegal immigrants following a lawsuit initiated by U.S. Attorney General Pam Bondi. This decision comes after a sustained legal challenge from the federal government, which argued that the state’s policy violated federal immigration law. The state’s Attorney General, Russell Coleman, announced the change in an interview with Fox News Digital, highlighting the necessity of aligning state education practices with federal mandates.
The lawsuit, which was brought by the Department of Justice (DOJ), targeted a provision in Kentucky’s state law, specifically 13 KAR 2:045, which allowed for in-state tuition for non-citizens. The DOJ alleged that this provision violated 18 USC 1623, a federal statute that prohibits educational benefits for non-citizens unless such benefits are also available to all U.S. citizens. The case initially named Kentucky Governor Andy Beshear as the defendant, though he clarified that the policy was managed by the Kentucky Council on Postsecondary Education (KCPE), an independent body.
Coleman emphasized that the decision to change the policy was not made lightly, as it involved significant legal and ethical considerations. “It’s a term from a Harry Potter book or a Roald Dahl book, but nonsensical is spot on and what we’re dealing with here,” he remarked, describing the policy as undermining the rights of American citizens. The move is seen as a significant step in curbing incentives for non-citizens to come to Kentucky, which he claimed was a contributing factor to the policy in the first place.
Coleman also noted that while governors have the authority to appoint members of the KCPE, the ultimate responsibility for the council’s decisions lies with the institution itself. “I do applaud the fact that (KC,PE) did the right thing and followed the law, but it took the Justice Department and all of its legal leverage before they did right thing,” he said, expressing disappointment that the policy change required legal intervention.
Fox News Digital has sought comments from Kentucky Governor Andy Beshear’s office, the DOJ, and a representative from the KCPE, but responses have not been publicly released as of yet. The resolution of this case is expected to have broader implications for other states with similar policies, and Coleman has indicated his full support for continuing to challenge such practices in the interest of upholding federal law and protecting educational opportunities for American citizens.