A federal judge this week ruled Kentucky no longer can offer in-state tuition at public universities to illegal migrants.
In a significant victory for the Trump administration's immigration and education policies, U.S. District Judge Gregory F. Van Tatenhove issued a permanent order blocking the state from enforcing a rule that had allowed certain illegal immigrants to qualify for in-state tuition rates.
The ruling formalizes an agreement between Kentucky officials and the Department of Justice, following a federal lawsuit that argued the policy violated longstanding federal law, the Washington Examiner reported.
At the center of the case was a regulation created by the Kentucky Council on Postsecondary Education, which granted in-state tuition eligibility to students without legal status if they graduated from a Kentucky high school.
Judge Van Tatenhove found the policy conflicted with a 1996 federal statute prohibiting states from offering postsecondary education benefits to illegal immigrants unless those same benefits are extended to all U.S. citizens, regardless of residency.
"The sole and exclusive means by which a State may provide public benefits to an unlawful alien is through the enactment of a State law," the judge wrote, emphasizing that Kentucky’s policy — created through administrative regulation — did not meet that standard.
Attorney General Pam Bondi hailed the decision as a clear affirmation of "America First" principles and equal treatment under the law.
"Our attorneys @TheJusticeDept just secured a crucial win for America-first policies: Kentucky can no longer give in-state tuition benefits to illegal aliens," Bondi wrote in a post on X.
"Americans will NOT be treated like second-class citizens in their own country."
Bondi added that the Trump administration has made clear through executive action that taxpayer-funded benefits should not be extended to those in the country illegally, and that the Department of Justice is actively enforcing that policy nationwide.
Kentucky Attorney General Russell Coleman also praised the ruling, calling it a win for fairness and the rule of law.
"Big news! Illegal immigrants will NO LONGER be given in-state tuition at Kentucky public universities," Coleman wrote on X. "@AGPamBondi and @TheJusticeDept came to Kentucky to uphold federal law and fundamental fairness for American citizens."
The case is part of a broader effort by the Trump administration to challenge similar tuition policies across the country.
The DOJ has launched legal actions in multiple states, including Texas, Virginia, and Oklahoma, where officials argue such programs unfairly disadvantage American citizens — particularly out-of-state students who often pay significantly higher tuition rates.
While more than 20 states and Washington, D.C., still offer some form of in-state tuition to illegal immigrants, the Kentucky ruling could have far-reaching implications.
By focusing on how such policies are enacted, rather than just their substance, the decision signals that states may face increased scrutiny if they attempt to bypass legislatures through regulatory action.
Supporters say the ruling restores fairness to the system and ensures that limited taxpayer resources are directed toward American students, while critics argue it could limit educational opportunities for some residents.
For the Trump administration, the outcome represents another step in its broader push to enforce immigration laws and prioritize U.S. citizens in public benefits programs.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
© 2026 Newsmax. All rights reserved.