Bondi reaches agreement with Kentucky on illegal immigrant tuition policy
Fox News Digital has reported that a lawsuit brought by Attorney General Pam Bondi against Kentucky’s public education apparatus over in-state tuition for illegal immigrants has resulted in an agreement to end the practice. Kentucky Attorney General Russell Coleman shared in a Thursday interview that the Kentucky Council on Postsecondary Education (KCPE) has agreed to change state policy two months after the Justice Department first took the commonwealth to court over a provision in state law 13 KAR 2:045.
The lawsuit alleged that Kentucky’s policy violated federal law 18 USC 1623, which 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 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.”
Initially, the DOJ named Kentucky Gov. Andrew Beshear as the defendant, but Beshear’s office clarified that the Kentucky Council on Postsecondary Education operates independently of the governor’s office. Coleman pointed out that governors do play a role in appointing members to the council.
Coleman emphasized that under current federal law, illegal immigrants are not eligible for postsecondary education benefits like in-state tuition unless the same benefits are offered to every U.S. citizen. Bondi echoed this sentiment in a statement obtained by Coleman’s office, 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.”
The decision to end the practice of providing in-state tuition to illegal immigrants is pending the federal district judge’s signature on the agreement between the parties, which Coleman described as a formality. He expressed his frustration with the nonsensical nature of the case, emphasizing the importance of putting Americans before illegal immigrants and noncitizens.
Coleman underscored that the original policy incentivized noncitizens to choose Kentucky over other states that may not offer them the same advantages. He commended KCPE for making the right decision and following the law but expressed disappointment that it took the intervention of Bondi and the Trump administration to bring about this change.
Moving forward, Coleman hopes that Bondi will continue pursuing other states with similar policies. He stressed the importance of universities focusing on attracting the best and brightest students rather than incentivizing individuals who are in violation of the law. He emphasized the need for common sense to prevail in upholding federal law and ensuring that universities support lawful practices.
Fox News Digital reached out to Beshear’s office, the Justice Department, and a representative for the Kentucky Council on Postsecondary Education for comment on the matter.
Charles Creitz, a reporter for Fox News Digital, covered this story. He joined Fox News in 2013 and covers media, politics, and culture for the digital platform. Creitz is a Pennsylvania native and a graduate of Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
