The Justice Department Files Complaint Challenging Kentucky Regulation Providing Reduced In-State Tuition for Illegal Aliens

Today the United States is challenging a Kentucky regulation that provides reduced in-state tuition for illegal aliens. This law unconstitutionally discriminates against U.S. citizens, who are not afforded the same privilege, in direct conflict with federal law. The Department of Justice has filed the complaint in the Eastern District of Kentucky. This challenge builds upon a recently successful lawsuit against the state of Texas on a similar law.

“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. “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 the complaint, the United States seeks to enjoin enforcement of a Kentucky regulation that requires public colleges and universities to provide reduced in-state tuition rates for illegal aliens who are deemed to be Kentucky residents. Federal law prohibits public institutions of higher education from providing benefits to illegal aliens that are not offered to U.S. citizens. This regulation blatantly conflicts with federal law and thus is unconstitutional under the Supremacy Clause of the U.S. Constitution.

This lawsuit follows two executive orders recently signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment.

Read the complaint HERE.