US Justice Department Sues Penn State Over Undocumented Students' Tuition

The US Department of Justice has filed a lawsuit against Pennsylvania State University (Penn State), accusing the institution of violating federal law by providing in-state tuition rates to undocumented students. The lawsuit claims this policy discriminates against US citizens and contravenes federal statutes. It specifically targets the university's policy that allows undocumented students to qualify for reduced tuition if they meet Penn State's residency standards.

Highlights

• The US Justice Department alleges Penn State's policy of offering in-state tuition to undocumented students violates federal law.
• The Department argues this policy discriminates against US citizens and constitutes "preferential treatment."
• The lawsuit seeks a court order to prevent Penn State from continuing this practice and adopting similar policies in the future.
• Penn State acknowledged awareness of the complaint and stated it is reviewing the matter.
• This lawsuit is part of a broader campaign by the Donald Trump administration to challenge state policies granting reduced tuition to undocumented students.

Details

Filed on Thursday, the lawsuit contends that the university's tuition policy discriminates against citizens. Public universities in the US typically charge lower tuition to residents of the state where the institution is located, while out-of-state students pay higher rates. However, Penn State's policy allows undocumented students who meet specific residency requirements to also qualify for in-state tuition.

Prosecutors assert that this policy violates a federal law that prohibits "preferential treatment" in higher education for undocumented immigrants, unless the same benefits are available to US citizens. Brett Shumate, assistant attorney general of the Justice Department’s Civil Division, stated, "Congress made a deliberate policy choice that states and their public institutions may not grant tuition benefits to illegal aliens unless those same benefits are made to all US citizens."

The Justice Department is seeking a court order to prevent Penn State from continuing to offer in-state tuition rates to undocumented students and from adopting future tuition policies that give them "preferential treatment" over US citizens. The Department noted that this filing brings the total number of lawsuits challenging such policies to 27, including six cases in various states that resulted in court orders permanently blocking similar tuition policies.

Why it matters

This lawsuit reignites debates in the US regarding educational access and in-state tuition eligibility for undocumented immigrants. Seen as part of the Trump administration's efforts to tighten immigration policies, these cases could significantly impact university and state policies concerning immigrant students. Furthermore, it highlights the ongoing jurisdictional conflict between the federal government and individual states, with the potential to directly affect the educational costs for thousands of students.