A recent lawsuit led by Attorney General Pam Bondi against Kentucky’s education system has brought significant changes regarding in-state tuition for illegal immigrants. Kentucky Attorney General Russell Coleman discussed the outcome in an interview with Fox News Digital. The Kentucky Council on Postsecondary Education (KCPE) has reportedly agreed to amend its policy after the Justice Department’s legal challenge highlighted a conflict with federal law.
The core of the issue revolves around a provision in Kentucky’s state law, 13 KAR 2:045. This law was found to be in violation of federal law, specifically 18 USC 1623. This statute clearly states that individuals who are not legally present in the United States cannot qualify for state residency benefits, including in-state tuition, unless similar benefits are also extended to U.S. citizens.
Initially, the Department of Justice named Kentucky Governor Andrew Beshear as a defendant. However, Beshear’s office argued that the KCPE operates independently from the governor’s administration. Coleman pointed out that governors still play a role in appointing council members, making them responsible for the council’s decisions.
Coleman articulated, “Under current federal law, any illegal immigrant is barred from eligibility for postsecondary education benefits, like in-state tuition, unless the same benefits are offered to every U.S. citizen.” Bondi reinforced this perspective, stating that “no state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens.”
Though the agreement to adjust the policy is still pending official approval from a federal district judge, Coleman emphasized that it is a mere formality. He expressed disappointment over the length of time it took for the issue to be addressed, stating, “It should not have taken Bondi and the Trump administration to put an end to in-state tuition for illegal immigrants in the Bluegrass State.” Coleman praised KCPE for “doing the right thing” but noted that it took considerable legal pressure to achieve compliance with federal law.
Coleman criticized the previous policy, claiming it created an incentive for noncitizens to choose Kentucky over other states with stricter rules. He noted, “They should be stewards of these institutions. What they do is important and we have great universities in this commonwealth. They need to be focusing on incentivizing the best and the brightest to come to this commonwealth, not incentivizing those that are out of status, that are violating our laws.”
His remarks extended beyond Kentucky’s policy adjustments, indicating a hope that Bondi will continue pursuing similar legal challenges against other states with equivalent tuition policies. Coleman asserted, “I’m for our universities supporting our best and brightest and not perpetuating this incentive for those that are out of status to fill seats in the classrooms.”
Coleman concluded with a strong reiteration of his concerns regarding illegal immigration and its effects on American citizens, calling the previous policy “nonsensical.” He stated, “That is not only unlawful, it comes back to the notion of just head-scratching and nonsensical.”
This unfolding legal situation highlights the ongoing debate surrounding immigration policy, state authority, and the educational benefits afforded to residents in Kentucky. As the legal landscape shifts, the implications for illegal immigrants and taxpayer-funded educational resources remain significant.
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