Discounted college tuition for illegal immigrants policy leads DOJ to sue Kentucky

U.S. v. Andrew Beshear was filed in the Lexington-based Eastern District federal court, alleging the law "unconstitutionally discriminates against U.S. citizens not afforded the same privilege," perceptibly from out-of-state.

"No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens," Bondi said.

When reached for comment, a representative for Democratic Gov. Andy Beshear said he had no role in creating the policy and that it is enforced by the Kentucky Council on Postsecondary Education (KCPE) which is an independent agency.

"We haven't been served with this lawsuit and had no advance notice, nor any prior discussion with the Department of Justice about it," Beshear spokesperson Crystal Staley told Fox News Digital.

Staley said the regulation was issued "before 2010" and that KCPE, not Beshear, has sole authority to determine tuition-related residency requirements.

"The governor has no authority to alter CPE's regulations and should not be a party to the lawsuit."

Melissa Young, a KCPE spokesperson, said the agency just found out about the lawsuit on Tuesday morning and that they are not prepared to offer detailed comment.

The KCPE's general counsel's office is still in the process of reviewing the relevant regulations, and the agency is conducting a review before stating its formal position on the suit, Young told Fox News Digital.

"The Beshear administration has been given the chance to right this wrong - first when I introduced legislation to shed light on the issue, and again following a successful legal challenge in Texas. Unfortunately, the governor has chosen to ignore those opportunities and instead continues to defy the Constitution, manipulate the regulatory process to advance his own agenda, and misuse the powers of his office to elevate his national political ambitions. It's a shameful disservice to the people of Kentucky," Roberts said.