Kentucky acknowledges illegal immigrant tuition policy is unlawful, agrees to terminate it immediately
A settlement has been reached which, if approved by a judge, would halt a policy of granting in-state tuition to illegal immigrants in Kentucky.
Kentucky’s policy of granting in-state tuition to illegal immigrants appears to be at an end after the U.S. Department of Justice (DOJ) reached a federal settlement with the commonwealth’s higher education council.
The Council on Postsecondary Education (CPE) had allowed anyone who graduated from a Kentucky high school to qualify as an in-state resident for tuition purposes, according to WKU Public Radio. That meant students without legal status paid the same as lifelong Kentuckians, while U.S. citizens from neighboring states paid out-of-state rates.
[RELATED: DOJ targets first blue state over in-state tuition for illegal aliens]
Federal officials sued in June, calling the arrangement both unconstitutional and unfair.
The DOJ cited federal law barring states from offering higher education benefits to illegal immigrants unless those same benefits are extended to all U.S. citizens.
“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 Pamela Bondi said in June.
“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.”
[RELATED: Judge blocks illegal alien students from challenging in-state tuition repeal in Texas]
A joint motion filed in federal court acknowledges that Kentucky’s policy broke the law. The settlement permanently blocks the council and its president, Aaron Thompson, from reviving the rule in the future. Each side will cover its own costs.
Final approval from U.S. District Judge Gregory Van Tatenhove is still pending, but once signed, the settlement will take full effect.
The Kentucky case highlights the growing collision between state-level policies expanding benefits for illegal immigrants and federal law restricting them.
With victories in both Texas and Oklahoma, the DOJ has made clear it is willing to challenge any state offering similar tuition breaks.
