The Kentucky Council on Postsecondary Education agreed to terminate its offering of in-state tuition to undocumented students, according to a settlement filed in court Monday, WKU Public Radio reported.   

The termination of reduced tuition remains tentative, as the settlement has yet to be signed by a district court judge, but if it does come to fruition, Kentucky would be the third state to capitulate to demands of the Trump administration on the issue.

President Trump’s Department of Justice has sued multiple states over their policies that provide in-state tuition to undocumented students, arguing that doing so discriminates against out-of-state Americans. Republican-led states that were sued quickly agreed to scrap the policies. But Kentucky, governed by a Democrat, took longer. (Similar lawsuits against Minnesota and Illinois are still pending.)

The state attorney general, a Republican, told the council that the lawsuit would be a “losing fight,” WKU reported.

The Trump administration and state Republicans leaders have used these lawsuits to go around state legislatures and Congress to change policies and programs.

Some higher education and legal experts have called the practice unlawful collusion and tried to intercede on behalf of the immigrant students in court, but they’ve had little luck so far.

MALDEF, the same Latino civil rights group that tried and failed to intervene in the Texas lawsuit, has filed a motion to intervene in Kentucky, but the court has yet to rule on that request.