The Department of Justice is suing Kentucky over a state regulation that allows illegal immigrants to receive in-state tuition at public colleges and universities.

“Federal law prohibits aliens not lawfully present in the United States from getting in-state tuition benefits that are denied to out-of-state U.S. citizens,” the lawsuit stated. “There are no exceptions.” 

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The complaint argues that Kentucky’s regulation violates the supremacy clause of the U.S. Constitution by offering financial benefits to undocumented individuals that are not equally available to U.S. citizens from other states.

“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 in a statement. “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.”

The lawsuit named Gov. Andy Beshear (D-KY), but his office told the Hill that they have not been served the lawsuit. 

“Under Kentucky law, CPE [Council on Postsecondary Education] is independent, has sole authority to determine student residency requirements for the purposes of in-state tuition, and controls its own regulations,” Crystal Staley, a spokeswoman for the governor, told the outlet. “The Governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit.”

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The challenge marks a continuation of the federal government’s efforts to restrict access to public benefits for undocumented individuals. It follows a recent court victory in Texas in which a similar state law was successfully overturned and aligns with two executive orders signed by President Donald Trump aimed at curbing taxpayer-funded benefits for undocumented immigrants.

The DOJ is seeking an injunction to halt enforcement of the Kentucky regulation. The outcome of this case could have broader implications for tuition policies in other states that offer residency-based tuition discounts to undocumented students.