Attorney general says Kentucky in-state tuition policy violates federal law

KENTUCKY (FOX 56) — Attorney General Russell Coleman is calling on Gov. Andy Beshear to change a Kentucky policy that could allow those who aren’t citizens to qualify for in-state tuition.

His July 10 letter to Kentucky’s Council on Postsecondary Education (CPE) President Aaron Thompson comes on the heels of a June lawsuit that names the council and Beshear, challenging the CPE’s policy on recognizing Kentucky residency for non-citizens.

“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,” Coleman wrote.

The policy, which was last updated in March 2025, 13 KAR 2:045, states that a student who has graduated from a Kentucky high school but is not a United States citizen is eligible to receive in-state tuition at a Kentucky college or university if they and their parent or guardian are visa holders.

But under federal law, “there are no exceptions,” the suit reads.

“No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” said Attorney General Pamela Bondi. “The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens.”

Beshear and CPE officials have yet to respond to the litigation.

“The council is taking Attorney General Coleman’s opinion under advisement as it works to resolve this issue,” Kentucky Council on Postsecondary Education Communications Fellow Melissa Young said.

The governor’s office has not supplied a statement in response to Coleman’s letter at this time.

“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,” Coleman said.