Overview

• The Department of Justice filed suit June 18 in the Eastern District of Kentucky to overturn a Council on Postsecondary Education rule granting in-state tuition to undocumented students.
• The complaint asserts federal immigration law bars states from offering lower tuition rates to individuals not lawfully present in the United States.
• Governor Andy Beshear was named as a defendant despite his office stating he has no authority to change independent CPE regulations.
• The lawsuit follows a June 5 ruling that blocked a similar Texas law and could prompt challenges to comparable provisions in nearly two dozen states.
• Kentucky Attorney General Russell Coleman endorsed the federal action, warning that the CPE residency policy conflicts with constitutional and federal requirements.