Kentucky has been barred from offering in-state tuition rates to students without legal immigration status following a ruling by U.S. District Judge Gregory F. Van Tatenhove on Tuesday.

DOJ Agreement Finalized

The decision finalizes a deal initially announced in August, stemming from a federal lawsuit brought by the Department of Justice (DOJ). Judge Van Tatenhove, appointed by George W. Bush, approved a consent judgment invalidating the state’s tuition policy and permanently preventing its enforcement.

The agreement allows the state and federal governments to invalidate an existing regulation without undergoing the standard repeal process. The court found that federal law necessitated the policy's removal.

The Disputed Policy

The policy in question, established by the Kentucky Council on Postsecondary Education, permitted students graduating from Kentucky high schools without legal immigration status to qualify for in-state tuition.

Federal Law Conflict

The DOJ contended that this rule conflicted with federal immigration law, specifically a 1996 statute. This statute prohibits states from providing postsecondary education benefits to undocumented immigrants unless the same benefits are universally available to all U.S. citizens, regardless of residency.

The court sided with the Trump administration, determining the policy violated federal law because it was implemented through an administrative regulation rather than a state law enacted by the legislature.

Court's Reasoning and Implications

“The sole and exclusive means by which a State may provide public benefits to an unlawful alien is through the enactment of a State law,” Judge Tatenhove wrote in his ruling. He declared the policy invalid under the Supremacy Clause and issued a permanent injunction.

The ruling emphasizes that states must explicitly legislate to extend such benefits, rather than implementing them through administrative regulations. This aspect of the decision could have wider implications for similar policies in other states.

National Context

Nationwide, over 20 states and the District of Columbia currently offer in-state tuition to students without legal status under specific conditions. A similar policy was recently blocked by a federal judge in Texas, while other challenges to the administration’s arguments have been unsuccessful.