Kentucky has reached an agreement to discontinue in-state tuition rates for illegal immigrants, marking a significant shift in state policy after a legal challenge from the Department of Justice. The settlement comes two months after U.S. Attorney General Pam Bondi filed a lawsuit alleging that Kentucky’s approach violated federal immigration law.
The dispute centered on a provision in Kentucky Administrative Regulation 13 KAR 2:045, which had allowed undocumented individuals to qualify for reduced tuition based on residency. Federal statute 8 U.S.C. § 1623 prohibits states from offering postsecondary education benefits to those not lawfully present in the U.S. unless the same perks are available to all American citizens regardless of their state of residence.
“Under current federal law, any illegal immigrant is barred from eligibility for postsecondary education benefits, like in-state tuition, unless the same benefits are offered to every U.S. citizen,” said Kentucky Attorney General Russell Coleman in an interview.
Bondi, leading the Justice Department’s effort, emphasized the priority of American citizens in her statement: “no state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens.”
Coleman described the now-defunct policy as baffling and out of step with legal standards. “Nonsensical is not a term that I didn’t expect to use as often as I have the last year,” he said. He added, “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,” referring to the practice of prioritizing noncitizens over Americans.
The agreement involves the Kentucky Council on Postsecondary Education (KCPE), which oversees higher education policy in the state. While the deal awaits a federal judge’s formal approval, Coleman called it a mere procedural step.