❓WHAT HAPPENED: A federal judge has permanently blocked Kentucky’s policy of granting in-state tuition to illegal immigrants, ruling it violates U.S. law.
👤WHO WAS INVOLVED: U.S. District Court Judge Gregory F. Van Tatenhove, Kentucky Attorney General Russell Coleman (R), and the Trump administration.
📍WHEN & WHERE: The ruling was issued earlier this week in Kentucky following a months-long legal challenge.
💬KEY QUOTE: “Federal law is clear: illegal immigrants don’t get preferential treatment at Kentucky’s public universities, and Kentucky taxpayers certainly shouldn’t be footing the bill.” – Russell Coleman
🎯IMPACT: Kentucky’s higher education system must end in-state tuition discounts for illegal immigrants, ensuring compliance with federal law.
A federal judge has ruled against Kentucky‘s policy of granting in-state tuition to illegal immigrants, declaring it unlawful under federal statute. U.S. District Court Judge Gregory F. Van Tatenhove—a Bush appointee—issued the decision, permanently blocking the state’s tuition law on the grounds it violates the Constitution’s Supremacy Clause.
The ruling follows a legal challenge by Kentucky Attorney General Russell Coleman (R) and the Trump administration, who argued the policy unlawfully provided benefits to migrants in the country illegally. Federal law states 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 post-secondary 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.”
“Federal law is clear: illegal immigrants don’t get preferential treatment at Kentucky’s public universities, and Kentucky taxpayers certainly shouldn’t be footing the bill. As Kentucky’s chief law officer, I was proud to join the Trump Administration to make sure our Commonwealth is upholding federal law and fundamental fairness for American citizens,” Coleman stated regarding the ruling, adding: “We’ll continue focusing on helping Kentucky students reach for their full potential.”
The lawsuit initially named Kentucky Governor Andy Beshear (D) as a defendant. However, Beshear’s office clarified that the Kentucky Council on Postsecondary Education (KCPE), which enforced the regulation, operates independently. Although the KCPE agreed with the Trump administration that the regulation was preempted, the court found it necessary to issue a ruling on the matter’s constitutionality.
Judge Van Tatenhove’s 22-page decision noted that states can extend certain benefits to illegal immigrants but must do so through laws passed by legislatures, not through agency-based regulations. The court’s ruling also highlighted a February 2025 Executive Order signed by President Donald J. Trump, aimed at ending taxpayer subsidization of open borders, as a factor influencing the decision.
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