Filed Date: June 17, 2025
Case Ongoing
Clearinghouse coding complete
This case challenged a Kentucky law that allowed noncitizens unlawfully present in the U.S. to receive in-state tuition. Federal law prohibited unlawfully present "aliens" from being eligible for any postsecondary education benefit that is not equally available to U.S. citizens. 8 U.S.C. § 1623(a). In-state tuition in Kentucky was available to certain noncitizens, but not to U.S. citizens who resided in states other than Kentucky. The U.S. Department of Justice (DOJ) brought this case, alleging that the state law thus violated the Supremacy Clause.
On June 17, 2025, the DOJ filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky against Governor Andy Beshear, Kentucky's Commissioner of Education, and Kentucky's Council on Post-Secondary Education. The DOJ sought a declaration that the challenged state law was invalid, a permanent injunction against its use, and attorneys' fees. The case was assigned to Judge Gregory Van Tatenhove.
On June 23, 2025, the DOJ amended its complaint to name the President of the Council on Post-Secondary Education as a defendant; the amended complaint also removed the Commissioner of Education as a defendant.
On July 17, 2025, Governor Beshear moved to dismiss the claims against him. Governor Beshear argued that plantiffs lacked standing to bring action against the governor's office, and that they failed to state a claim for relief that he could provide. Governor Beshear averred that he had "absolutely no role in promulgating, amending, or enforcing" the challenged Kentucky law and cited precedent that the general enforcement authority accorded to the state governor is not sufficient to establish a plaintiff's standing.
The court's ruling on the motion is pending. This case is ongoing.
Summary Authors
Matt Petrillo (7/18/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70562424/parties/united-states-v-beshear/
DOJ, Luz Restrepo (Kentucky)
DOJ, Sean Skedzielewski (Kentucky)
Dirr, David M. (Kentucky)
Guilfoyle, Mark D. (Kentucky)
Alden, Olivia (Kentucky)
See docket on RECAP: https://www.courtlistener.com/docket/70562424/united-states-v-beshear/
Last updated Aug. 21, 2025, 1:50 p.m.
State / Territory: Kentucky
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: June 17, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Commonwealth of Kentucky, State
Kentucky Council on Post-Secondary Education (Frankfort, Franklin), State
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: