DOJ sues Kentucky officials over providing in-state tuition to illegal immigrants

The Department of Justice has sued Kentucky Governor Andy Beshear for offering in-state tuition for illegal immigrants in the state, a policy that the Trump administration has said violates federal laws regarding immigration. 

According to the lawsuit, "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," and it adds that there are "no exceptions" to the 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.”

"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," the lawsuit adds.

"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.'"

The DOJ is seeking to enjoin Kentucky from implementing the policy. Beshear's office respnded to Fox News about the lawsuit, representative said, "We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it."