Overview

• The U.S. Department of Justice filed suit in federal court against Kentucky’s regulation allowing undocumented students to qualify for in-state tuition at public colleges.
• The lawsuit names Governor Andy Beshear despite his office’s assertion that he has no authority over the Council on Postsecondary Education’s pre-2010 residency rule.
• Federal attorneys cite a recent Texas court victory as precedent and ask a judge to enjoin the Kentucky policy’s enforcement.
• Governor Beshear’s spokesperson said the administration received no advance notice of the lawsuit and that the independent council is reviewing its regulations.
• Kentucky Attorney General Russell Coleman backed the legal challenge, warning that affirming the policy could influence similar tuition programs in other states.