Kentucky State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect immigrants’ daily lives and the services they can access. These rules and regulations vary by state.

The article outlines immigration rules and policies in the state of Kentucky. Learn more about: 

• Law enforcement and immigration in Kentucky
• Kentucky employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits
• Housing ordinance and immigration
• How an immigration lawyer can help

Immigration rules continue to evolve. Anyone facing an immigration issue in Kentucky should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Kentucky

Various federal agencies work together to enforce immigration laws. The main government agencies integral to this process include:

• U.S. Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

Although the federal government administers immigration laws, state authorities also play a role. This collaboration happens in the Criminal Apprehension Program (CAP) implemented by ICE.

CAP’s mission is to support federal agencies, particularly in identifying, arresting, and deporting immigrants living here illegally who threaten public safety. These people mainly include those who have been in prison or at large.

In the past, a similar government initiative was known as the “Secure Communities.” The program operated from 2008 until January 2021. Like CAP, it aimed to strengthen cooperation between the federal government and state authorities in enhancing public safety.

The DHS and the Federal Bureau of Investigation (FBI) had a data-sharing mechanism that showed the immigration statuses of imprisoned immigrants. This database did not require additional documents at the state level. President Joe Biden revoked Secure Communities in 2021.

But other programs are still in place to pursue similar objectives of ensuring the safety of U.S. communities. They also work to strengthen collaboration between state and federal immigration law enforcement authorities.

Kentucky Employment Check and E-Verify Requirements

E-Verify is a tool from the federal government that allows employers to verify the employment eligibility of newly hired employees. Various states mandate the use of E-Verify. But as of July 2023, Kentucky hasn’t passed legislation mandating employers to use the system. But Kentucky employers may voluntarily check their employees’ lawful employment status.

Driver’s License and ID Requirements

Immigrants living in the U.S. illegally in Kentucky cannot get driver’s licenses or state identification cards. But Deferred Action for Childhood Arrivals (DACA) recipients may get IDs.

Public Benefits Restrictions

Federal law limits immigrants without legal status from accessing most public benefits and social services. But they may access certain essential healthcare programs and emergency services to protect life and safety. Below are the public benefits that undocumented immigrants in Kentucky can use:

• Child Care Development Fund
• Nutrition Program for Women, Infants, and Children (WIC)
• Emergency Medicaid
• Emergency shelter
• Disaster relief

The public benefits that immigrants can enjoy may vary depending on their status. More detailed information is available on this chart compiled by American University.

Education Checks

Kentucky enacted Residency Regulatory 13 KAR 2:045 in July 2015. This law allowed people living in the U.S. illegally residing in Kentucky access to in-state tuition. This educational benefit also extends to recipients of DACA.

Recipients of this benefit must have graduated from a Kentucky high school.

Housing Ordinances and Immigration

Kentucky adopted and broadened the Fair Housing Act of 1968. This act gives equal opportunity to anyone who wants to rent, sell, buy, finance, or insure housing. It also makes it illegal to discriminate in housing based on the following:

• Color
• Race
• National origin
• Religion
• Disability
• Gender
• Familial Status

Facing an Immigration Issue? An Immigration Attorney Can Help

Navigating federal and state immigration laws can be confusing and overwhelming. Some rules and regulations vary by state. For instance, New York is a “Sanctuary State.” That means it provides less stringent rules for migrants than other states do. To make things even more complex, these laws are constantly evolving and often amended.

This is why legal advice from an immigration attorney can be crucial. This is especially true for non-immigrants seeking lawful immigration status in the U.S.

Immigration lawyers can help you with the following immigration-related processes and issues: 

• Naturalization or U.S. citizenship
• U.S. visa processing
• Application for a lawful permanent resident or green card
• Legal representation in immigration court
• A potential deportation or removal
• And more

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Kentucky. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Kentucky: Related Resources

Various nonprofit organizations in Kentucky help immigrants and noncitizens. Some of these providers are:

• Neighbors Immigration Clinic (Lexington) gives legal services to low-income migrants for little to no cost. Among the services it offers are visa processing, legal assistance for victims of domestic violence, and more.
• Kentucky Refugee Ministries (KRM) is a resettlement agency for Kentucky asylees, parolees, and refugees. It also helps immigrants process their legal statuses. This includes asylum applications, adjustments of status, consular processing, and more.
• Catholic Charities of Louisville offers various immigration-related non-legal and legal services to Kentucky immigrants. The Archdiocese of Louisville operates in 24 counties in Kentucky. 
• FindLaw Immigration Law Resources offers free legal resources related to U.S. immigration laws. Learn the basics of immigration law, naturalization, green card applications, and more.