Kentucky’s public education system just got a reality check. A lawsuit spearheaded by Attorney General Pam Bondi has forced the state to ditch a policy granting in-state tuition to unauthorized migrants. The decision, hailed as a victory for common sense by conservatives, is a sharp rebuke to progressive policies that critics argue prioritize non-citizens over Americans.
Fox News reported that Attorney General Pam Bondi’s lawsuit, backed by the Justice Department, targeted a Kentucky regulation, 13 KAR 2:045, that offered in-state tuition rates to unauthorized migrants.
This policy violated federal law 18 USC 1623, which mandates equal treatment for all U.S. citizens when it comes to such benefits, regardless of their state of residency.
In just two months, the Kentucky Council on Postsecondary Education (KCPE) agreed to scrap the practice, signaling a swift capitulation.
The lawsuit initially named Governor Andrew Beshear as the defendant, putting him in the hot seat. Beshear’s office was quick to distance itself, claiming the KCPE operates independently. Yet, as critics note, governors appoint KCPE members, raising questions about accountability when policies go awry.
“He [Beshear] won’t hesitate to take credit for any positive policy that comes out of KCPE,” Kentucky Attorney General Russell Coleman quipped.
The jab highlights the tension between elected officials and the boards they appoint, especially when those boards fumble on issues of federal compliance. Coleman’s point stings: leadership can’t cherry-pick victories while dodging responsibility.
The settlement, announced on August 28, 2025, awaits formal approval from a federal district judge, though insiders describe this as a mere formality. A joint motion for a consent judgment seals the deal, ensuring Kentucky aligns with federal law. The rapid resolution suggests the state knew its policy was on shaky legal ground.
Kentucky wasn’t alone in offering such tuition benefits—over a dozen states had similar policies, drawing ire from conservatives nationwide. “No state can be allowed to treat Americans like second-class citizens in their own country,” Bondi declared. Her words resonate with those frustrated by what they see as a progressive agenda that sidelines U.S. citizens.
“Nonsensical is spot on,” Coleman said, likening the tuition policy to something out of a Roald Dahl tale. The vivid imagery underscores the absurdity critics see in granting benefits to unauthorized migrants while Americans face stricter rules. It’s a sentiment that fuels the conservative push to restore fairness in education.
The KCPE’s decision to reverse course came only after intense legal pressure from the Justice Department and Coleman’s vocal advocacy.
“I applaud the fact that [KCPE] did the right thing and followed the law,” Coleman noted, though he added a pointed critique: it shouldn’t have taken a lawsuit to get there. The delay, he argues, reflects poorly on the council’s stewardship.
“They should be stewards of these institutions,” Coleman said, emphasizing the KCPE’s duty to prioritize Kentucky’s students.
His words carry weight for those who believe universities should focus on nurturing local talent, not incentivizing unauthorized migration. The comment taps into a broader conservative frustration with institutions seen as out of touch.
Beshear’s appointment power over the KCPE has drawn scrutiny, with Coleman noting, “You’re responsible for those you appoint.” The critique suggests a governor can’t fully wash his hands of a board’s missteps, especially when those appointees shape policies that clash with federal law. It’s a subtle but sharp dig at leadership accountability.
The now-scrapped policy had allowed unauthorized migrants to access tuition rates typically reserved for Kentucky residents, a perk not extended to out-of-state U.S. citizens.
This disparity fueled the lawsuit, as federal law demands equal treatment for all Americans. Critics argue that such policies create perverse incentives, undermining fairness in higher education.
“I’m for our universities supporting our best and brightest,” Coleman said, championing a system that puts American students first. His stance reflects a conservative ethos that values merit and citizenship over what he calls “nonsensical” priorities. It’s a rallying cry for those who feel progressive policies have gone too far.
“I’m fully on board with common sense returning,” Coleman declared, tying the tuition fight to broader battles against policies like men competing in women’s sports. The comment frames the lawsuit as part of a larger push to roll back what conservatives see as overreaching progressive ideals. It’s a nod to the MAGA base, delivered with measured conviction.
Kentucky’s policy reversal marks a significant win for Bondi and Coleman, who positioned the lawsuit as a defense of federal law and fairness.
Yet, the absence of a formal statement from Coleman—out of respect for the judge’s pending approval—shows a disciplined approach. It’s a contrast to the often-loud rhetoric of the culture wars.
