The U.S. v. Andrew Beshear
The U.S. v. Andrew Beshear case was filed in the Eastern District federal court in Lexington. It alleges that the law "unconstitutionally discriminates against U.S. citizens who are not afforded the same privileges," particularly those from out of state.
Bondi clarified, "No state should be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens. The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens."
Kentucky's governor is Democrat Andy Beshear. Crystal Staley, a spokesperson for his office, stated that Beshear did not create the policy and that an independent agency, the Kentucky Council on Postsecondary Education (KCPE), enforces the guidelines. She went on to say that the regulation was issued "before 2010" and that KCPE, not Beshear, has sole authority to determine tuition-related residency requirements.
When asked about the lawsuit, Staley told Fox News Digital, "We haven’t been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it. The governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit."
Fox News Digital contacted the KCPE and learned from their spokesperson, Melissa Young, that the agency only became aware of the lawsuit on Tuesday morning and is not prepared to offer detailed comments. She added that
KCPE’s general counsel is still reviewing the relevant regulations, and the agency is conducting a review before stating its formal position on the suit.