A Latino civil rights organization hoping to prevent the Trump administration from denying in-state college tuition rates to some immigrants can intervene in a lawsuit challenging a Kentucky policy, a judge ruled Wednesday.
The Mexican American Legal Defense and Educational Fund (MALDEF) sought to intervene in the lawsuit on behalf of Kentucky Students for Affordable Tuition (KSAT). The group is an unincorporated association of college students who are immigrants living in Kentucky without permanent legal status who under current Kentucky policy qualify for in-state tuition. In-state tuition is much cheaper than rates charged non-Kentucky residents.
The U.S. Department of Justice (DOJ) filed the challenge to Kentucky’s tuition policy earlier this year, suing Democratic Gov. Andy Beshear and Kentucky education officials. The department argued the policy discriminates against U.S. citizens. The case is in the U.S. District Court of Eastern Kentucky.
The DOJ and the Kentucky Council on Postsecondary Education (CPE) had reached a tentative settlement to enjoin the state policy, pending a decision on MALDEF’s request to intervene.
“The Department is in the process of reviewing the court’s opinion and will continue efforts to ensure U.S. students are not treated like second-class citizens,” a DOJ spokesperson told the Kentucky Lantern on Wednesday.
CPE is reviewing the order but did not have a comment on Wednesday, a CPE spokesperson said.
In his order allowing MALDEF to intervene, U.S. District Judge Gregory Van Tatenhove wrote that the student group had asserted it was not aware that state officials “did not represent KSAT’s interests until the parties moved for entry of a consent judgment enjoining the enforcement” of the state policy.
MALDEF’s motion had said if the Kentucky regulation is overturned, the students’ tuition could increase up to 152%. Some of the students’ rates will increase from $446 to $897 per semester credit hour. The students represented had attended or planned to attend Kentucky public colleges and universities this fall.
Kentucky Republicans have criticized Beshear for not stopping the state regulation on tuition. Earlier this year, Republican state Rep. T.J Roberts, of Burlington, filed a bill to undo the Kentucky policy. It didn’t get a committee hearing in the GOP-controlled state legislature.
The DOJ has made similar challenges in other states in recent months. After taking office this year, Republican President Donald Trump signed an executive order directing his administration to stop the enforcement of state policies that allow in-state tuition for immigrants who lack permanent legal status.
