Filed Date: June 17, 2025
Case Ongoing
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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.
This case is ongoing.
Summary Authors
Matt Petrillo (6/23/2025)
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)
See docket on RECAP: https://www.courtlistener.com/docket/70562424/united-states-v-beshear/
Last updated July 7, 2025, 9:50 a.m.