Kentucky, DOJ Agree State’s Migrant Tuition Policy Is Preempted

Kentucky will end a policy allowing individuals who are unlawfully in the US to get reduced in-state tuition rates, agreeing with the US Department of Justice that it violates the Constitution and federal immigration law.

The DOJ and Kentucky’s Council on Postsecondary Education on Aug. 22 filed a joint motion for a consent judgment in the US District Court for the Eastern District of Kentucky, asking Judge Gregory F. Van Tatenhove enter a permanent injunction and declare the state’s policy violates the Constitution’s supremacy clause. Kentucky allows noncitizens unlawfully in the US to be eligible for in-state tuition rates at ...