A Latino civil rights organization plans to appeal a recent federal court decision that prevents Kentucky from offering in-state tuition rates to individuals without permanent legal status.
The Mexican American Legal Defense and Educational Fund sought to intervene in a lawsuit filed by the Trump administration last year challenging the state policy.
Last week, U.S. District Judge Gregory F. Van Tatenhove approved a consent decree between the U.S. Department of Justice and the Kentucky Council on Postsecondary Education, stating that a Kentucky regulation granting in-state tuition to graduates of Kentucky high schools conflicts with federal law. Public colleges and universities typically charge higher tuition rates to out-of-state students.
In the lawsuit filed last summer, the Justice Department argued that Kentucky’s tuition policy discriminates against U.S. citizens.
However, MALDEF disputes that claim.
“There is no supportable legal basis for the court’s approval of the collusive consent decree agreement between the state and the Trump administration,” said Thomas A. Saenz. “The consent decree violates the right of Kentucky to set its own policies in this area.”
MALDEF represents a group of students affected by the ruling, Kentucky Students for Affordable Tuition. A prior filing indicated that overturning the regulation could raise tuition costs by up to 152%, with some students seeing rates increase from $446 to $897 per semester credit hour.
“For over twenty years, students qualified for the regular tuition rate at Kentucky’s public universities if they graduated from a Kentucky high school regardless of immigration status. The students of KSAT merely seek to be treated the same as their peers,” said Olivia Alden. “With this appeal, we hope the Sixth Circuit will recognize that the State of Kentucky ensured all high school graduates are eligible for in-state tuition.”
Following the ruling, former U.S. Attorney General Pam Bondi posted on X that the Justice Department had “secured a crucial win for America-first policies,” adding that Kentucky can no longer provide in-state tuition benefits to undocumented immigrants.
“Americans will NOT be treated like second-class citizens in their own country,” she said.
Bondi referenced an executive order signed by Donald Trump directing federal agencies to challenge state and local policies that allow tuition benefits for immigrants but not for out-of-state U.S. citizens.
On Thursday, Trump announced that Bondi would leave the DOJ for a new role in the private sector. Her departure follows scrutiny over the handling of files related to Jeffrey Epstein.
Russell Coleman also supported the ruling, stating that “illegal immigrants will no longer be given in-state tuition at Kentucky public universities,” and thanked the DOJ for upholding federal law.
Before MALDEF confirmed its appeal, a spokesperson for the council said it would notify public colleges and universities about the ruling.
Meanwhile, the University of Kentucky announced last month that Judge Van Tatenhove will serve as the next dean of its J. David Rosenberg College of Law.
Leave a Comment