On August 31, 2025, Attorney General Pam Bondi won a significant legal victory as the Kentucky Council on Postsecondary Education (KCPE) agreed to end in-state tuition discounts for undocumented immigrants following a Justice Department lawsuit. The suit, filed in June in the Eastern District of Kentucky, argued that Kentucky’s policy violated federal law by granting undocumented students lower tuition rates—$11,000 to $13,502 annually—while charging out-of-state U.S. citizens up to $34,140. The decision, pending a federal judge’s approval, aligns with a similar DOJ victory in Texas, reinforcing federal law under 8 U.S.C. § 1623, which bars states from offering such benefits unless available to all U.S. citizens.
Kentucky Attorney General Russell Coleman praised the move, stating it corrects a “nonsensical” policy that incentivized illegal immigration. Critics, including the Mexican American Legal Defense and Educational Fund, argued the change could raise tuition by up to 152%, pricing out vulnerable students. Governor Andy Beshear’s office distanced itself, noting KCPE’s independence in setting tuition rules, a policy predating his 2019 tenure. The lawsuit named Beshear, Education Commissioner Robbie Fletcher, and KCPE, sparking debate over state versus federal authority.
The decision reflects the Trump administration’s broader crackdown on policies favoring undocumented immigrants, with Bondi eyeing similar challenges in over a dozen states. Supporters see it as fairness for American citizens, while opponents warn of economic and social harm to immigrant communities.
