Dept. of Justice sues Kentucky over in-state tuition benefits for illegal alien students

The Department of Justice (DOJ) filed a complaint Tuesday targeting Kentucky for allowing in-state tuition for illegal immigrant students. 

The complaint argues that Kentucky law requiring public colleges and universities to provide in-state tuition rates for illegal immigrants violates federal immigration law. 

“Federal law prohibits aliens not lawfully present in the United States from getting in-state tuition benefits that are denied to out-of-state U.S. citizens,” the complaint states. 

Kentucky Title 13 Chapter 2 Regulation 45 allows “an undocumented alien” to pay significantly reduced tuition at public universities if they meet certain residency and graduation criteria.

The DOJ argues that the regulation, which took effect July 2015, violates the Supremacy Clause of the U.S. Constitution, which states that federal laws take supremacy over conflicting state laws. 

[RELATED: Texas illegal alien students push to have in-state tuition reinstated]

“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 press release.

The average out-of-state tuition at Kentucky’s public universities ranges from $27,000 to $34,140 annually. By contrast, in-state rates typically fall between $11,000 and $13,502. 

Under the current policy, illegal immigrants are eligible for the lower rate while legal U.S. citizens from outside Kentucky pay the full out-of-state amount.

The DOJ labeled this as “unequal treatment of Americans” in the complaint. 

[RELATED: Trump signs EO to deter states from offering illegal aliens in-state tuition]

The DOJ’s complaint against Kentucky follows a similar case in Texas. 

“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,” Bondi stated. 

On June 4, the DOJ sued Texas for offering in-state tuition to illegal immigrants, arguing that it was unconstitutional and discriminated against U.S. citizens. The lawsuit successfully overturned a 24-year-old law called the Texas Dream Act and successfully halted the practice.

A group of illegal immigrant students is challenging the ruling that eliminated their access to in-state tuition, Campus Reform reported.

The group, represented by the Mexican American Legal Defense and Educational Fund (MALDEF), is petitioning U.S. District Judge Reed O’Connor for their ability to maintain access to discounted tuition rates.

Currently, over 20 states and Washington D.C. provide in-state tuition for illegal immigrant students

There are an estimated 510,000 “undocumented students” in the higher education system in the United States, according to the Higher Ed Immigration Portal. 

Kentucky has not published official data on the number of undocumented students in its higher education system.

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