DOJ Sues Kentucky Democrat Gov. Andy Beshear for Offering Reduced In-State Tuition to Illegal Aliens

Gov. Andy Beshear in an interview with the Herald-Leader in June 2024. (Ryan C. Hermens/Le
Ryan C. Hermens/Lexington Herald-Leader/Tribune News Service via Getty Images

President Donald Trump’s Department of Justice (DOJ) is suing Kentucky Gov. Andy Beshear (D) over a regulation that offers reduced in-state tuition to illegal aliens across the state.

According to the DOJ lawsuit, Beshear is unconstitutionally discriminating against American students who are not offered the same reduced in-state tuition that illegal aliens are offered, a policy the department contends is a violation of federal law.

“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 Pam Bondi said in a statement. “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.”

In its lawsuit, DOJ prosecutors say Beshear is overseeing a discriminatory in-state tuition policy that favors illegal aliens over Americans:

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. There are no exceptions. Yet Kentucky regulation, expressly and directly conflicts with federal immigration law because it enables an “undocumented alien” present in the United States to qualify for reduced tuition at public state colleges while requiring U.S. citizens from other states to pay higher tuition rates. This unequal treatment of Americans is squarely prohibited and preempted by federal law, which expressly provides that “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State . . . for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit . . . without regard to whether the citizen or national is such a resident.” [Emphasis added]

The DOJ is looking to permanently enjoin Kentucky from enforcing its policy that offers reduced in-state tuition to illegal aliens.

The lawsuit is United States v. Beshear, No. 3:25-cv-00028-GFVT in the U.S. District Court for the Eastern District of Kentucky.

John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter here.

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