DOJ sues Kentucky for subsidizing in-state college tuition for undocumented immigrants

The Department of Justice (DOJ) has sued the state of Kentucky for offering an in-state college tuition subsidy for undocumented immigrants. According to the statement released by the agency, this practice "unconstitutionally discriminates against U.S. citizens."

Titled United States v. Andrew Beshear, the case has already been filed in the U.S. District Court for the Eastern District based in Lexington.

"No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens," said Pam 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," she added.

The lawsuit seeks to enjoin enforcement of the Kentucky regulation, relying on federal law. Specifically, they refer to Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

"Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident," the statute reads.

In other words, a state cannot subsidize tuition for undocumented immigrants solely because they reside there, if it does not give that same benefit to out-of-state students. In this case, the state governed by Andy Beshear would be offering more benefits to undocumented immigrants than to U.S. citizens.

"This lawsuit follows two executive orders recently signed by President Trump that seek to ensure illegal aliens are not obtaining taxpayer benefits or preferential treatment," added from the DOJ.

Kentucky's response

Crystal Staley, a spokeswoman for the Democratic governor, told Fox News Digital the following, "We have not received any notice of this lawsuit, we have not had any prior notice, nor have we had any prior conversations with the Department of Justice about it."

"The governor has no authority to alter CPE regulations and should not be a party to the lawsuit," he added, referring to the state Board of Higher Education.