FRANKFORT, Ky. – Kentucky Attorney General Russell Coleman is calling on Kentucky’s Council on Postsecondary Education (CPE) and Governor Andy Beshear to change a policy that allows illegal immigrants access to in-state tuition in violation of federal law. As Kentucky’s chief law officer, General Coleman sent a letter to CPE President Dr. Aaron Thompson with his legal conclusion that the Council’s policy is preempted by federal law and must be withdrawn.
Last month, U.S. Attorney General Pamela Bondi announced the U.S. Department of Justice filed a lawsuit against Governor Beshear and CPE in the Eastern District of Kentucky. Federal law expressly bars any illegal immigrant from eligibility for postsecondary education benefits, like in-state tuition, unless the same benefits are offered to every U.S. citizen.
“Federal law is clear – illegal immigrants are not eligible for special educational benefits that are kept from American citizens. If the CPE and Governor Beshear want to continue ignoring federal law, I fully expect them to lose in court. We hope the CPE will take our advice, withdraw their unlawful policy and refocus on helping Kentucky students reach for their full potential,” said Attorney General Coleman.
“The federal government has set its immigration policy, and the Council must regulate in accordance with it. To that end, I urge the Council to withdraw its regulation rather than litigate what I believe will be, and should be, a losing fight,” Attorney General Coleman wrote.
Texas has already settled a similar suit with the DOJ to bring its state law into conformity with federal law.
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