The US Department of Justice announced in June that it would be taking Kentucky to court over a regulation it says violates federal immigration law by enabling undocumented students to qualify for the lower tuition rate at Kentucky's public colleges and universities.
Now, Kentucky Attorney General Russell Coleman — a Republican — is backing that effort, calling on Democratic Gov. Andy Beshear to change the policy.
Currently, Kentucky statute says students who have graduated from any high school in the state are eligible to receive in-state tuition, even if they are not documented US citizens. The one extra requirement: Their parents or guardians must be visa-holders.
Kentucky's Council on Postsecondary Education is also named in the suit. A Beshear spokesperson told the Associated Press the policy appears to have originated with the CPE and the governor had no authority to change it.
In a statement, Coleman said federal law is clear on the matter and that, if the CPE and Beshear want to ignore it, he expects them to "lose in court."