DOJ sues Kentucky governor over illegal immigrant tuition policy

In June 2025, the United States Department of Justice filed a lawsuit against Kentucky Governor Andy Beshear regarding a state policy that provides reduced in-state tuition rates for illegal immigrants. This legal action comes in the wake of concerns raised by the DOJ that the policy, which allows undocumented students to qualify for the same tuition rates as residents, unconstitutionally discriminates against American citizens who do not share the same benefit. The lawsuit was filed in the Eastern District federal court in Lexington and is part of a broader national conversation surrounding immigration policy and state-level educational regulations. Attorney General Pam Bondi, who announced the lawsuit, emphasized that the federal law prohibits any benefits to illegal immigrants that are not also available to out-of-state U.S. citizens. Bondi highlighted that the DOJ had previously won a similar case in Texas and stated the intention to protect the rights of American citizens effectively. This case has sparked significant political responses, particularly from Kentucky's Republican lawmakers, who have historically opposed the policy. Governor Andy Beshear’s office responded to the lawsuit by stating that the policy was established by the Kentucky Council on Postsecondary Education (KCPE), an independent agency, and that Beshear did not have the authority to change it. This adds a layer of complexity to the lawsuit, as it appears to question the responsibilities and powers of state governors versus independent agencies. KCPE has since indicated that it is reviewing the relevant regulations amid the lawsuit but had no prior knowledge of the impending legal action from the DOJ. Additionally, Republican state representatives have expressed their discontent with Governor Beshear's handling of the situation, criticizing him for not taking steps to amend the policy after previous legislative attempts to do so. They argue that the governor is perpetuating what they consider to be unconstitutional discrimination against U.S. citizens. As the lawsuit unfolds, it is expected to ignite further debates and actions regarding immigration, education funding, and state versus federal powers in Kentucky and beyond.