The U.S. government, under the Trump administration, has initiated legal action against Pennsylvania State University, challenging a policy that allegedly permits undocumented students to qualify for in-state tuition rates.
In a lawsuit submitted on Thursday, the Department of Justice (DOJ) asserted that providing in-state tuition to undocumented individuals unfairly discriminates against American citizens because U.S. citizens residing outside Pennsylvania are not afforded the same reduced tuition cost.
Legal Challenge Targets Tuition Policy
Assistant Attorney General Brett A. Shumate of the DOJ's Civil Division emphasized in a statement that federal law explicitly prohibits states and public educational bodies from extending tuition advantages to non-citizens unless identical benefits are also available to all U.S. citizens. "This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens," Shumate stated.
The DOJ accused the university of contravening federal law by "prioritizing the needs of illegal aliens over U.S. citizens in defiance of Congress’s commands." The department further alleged that Penn State's policy "unconstitutionally" discriminates against U.S. citizens who are not granted the same reduced tuition rate as undocumented students.
The legal complaint seeks to prevent the university from continuing to enforce its policy, which offers in-state tuition rates to undocumented students living in Pennsylvania, irrespective of their legal immigration status in the country. Additionally, the lawsuit aims to enjoin the institution from implementing any new tuition policies that would favor undocumented students over U.S. citizens.
Penn State's Eligibility Criteria
According to information available on Penn State's official website, undocumented students, including those with or without Deferred Action for Childhood Arrivals (DACA) status, may be eligible for in-state tuition if they fulfill specific residency criteria. These requirements include attending an accredited high school in Pennsylvania for a minimum of four years and subsequently graduating from an accredited Pennsylvania high school or obtaining a Pennsylvania General Educational Development (GED) certificate.
Broader Enforcement Actions
Thursday's lawsuit elevates the total number of similar legal challenges brought by the Justice Department concerning in-state tuition for undocumented individuals to 27. This figure includes six previous lawsuits filed in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas, which have resulted in rulings in favor of the federal government.
Associate Attorney General Stanley E. Woodward, Jr. affirmed in a statement, "The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our Nation’s own citizens." He reiterated that Congress established long ago that public universities in states are not permitted to offer reduced tuition rates to non-citizens if these benefits are not universally accessible to all Americans.
