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United States v. Beshear

No. 3:25-cv-00028 District · Decided Decided
Court
Federal Court
kyed
Judge
Gregory F. Vantatenhove 43
Decided
Mar 31, 2026
Filed
Jun 17, 2025
Judge (CL)
Gregory F. Vantatenhove 43
Filed (CL)
Jun 17, 2025
CL Status
terminated

Case Overview

The Trump administration sued Kentucky Governor Andrew Beshear over a Kentucky regulation which allows undocumented immigrants residing in Kentucky to qualify for reduced tuition at public colleges.


The Application

History

The federal government contends Kentucky's in-state tuition benefit for undocumented immigrants conflicts with federal immigration law by subsidizing unlawful presence. Kentucky argues the policy reflects legitimate state education authority and does not directly regulate immigration status or encourage unlawful entry.

The Conclusion

The court decided the case on June 17, 2025, determining whether Kentucky's tuition policy survives preemption scrutiny or is invalidated as conflicting with federal immigration law.

Outcome History (3)

  1. Aug 22, 2025 District
    Dismissed Relief denied Final Unreviewed

    All claims against Defendant Beshear dismissed with prejudice.

  2. Jan 30, 2026 District
    Other Neutral Unreviewed

    Motion for Admission Pro Hac Vice granted, allowing Thomas Saenz to represent Kentucky Students for Affordable Tuition.

  3. Mar 31, 2026 District
    Merits judgment Full relief Final Unreviewed

    Court granted Joint Motion for Entry of Consent Judgment, declared 13 KAR 2:045 invalid, and permanently enjoined the Kentucky Council on Postsecondary Education.

Federal Court TMR-cd4de0f3 Challenge to State Law May 18, 2026

Case Analysis

Issue

Whether Kentucky's tuition reduction policy for undocumented immigrants is preempted by federal immigration law and constitutional principles of federal supremacy.

Rule

State regulations are preempted by federal law when they conflict with federal objectives or regulate immigration in violation of the Supremacy Clause; states retain traditional authority over education policy, but cannot extend immigration-related benefits that frustrate federal enforcement priorities.

Analysis

The federal government contends Kentucky's in-state tuition benefit for undocumented immigrants conflicts with federal immigration law by subsidizing unlawful presence. Kentucky argues the policy reflects legitimate state education authority and does not directly regulate immigration status or encourage unlawful entry.

Conclusion

The court decided the case on June 17, 2025, determining whether Kentucky's tuition policy survives preemption scrutiny or is invalidated as conflicting with federal immigration law.

Overview

The Trump administration sued Kentucky Governor Andrew Beshear over a Kentucky regulation which allows undocumented immigrants residing in Kentucky to qualify for reduced tuition at public colleges.

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