US Justice Department sues Penn State over tuition for undocumented students

The United States Department of Justice has launched a lawsuit against Pennsylvania State University, alleging that the institution broke federal law. The legal action, which was filed on Thursday, claims the university discriminates against American citizens by providing in-state tuition rates to undocumented students while denying those same discounts to US citizens living elsewhere.

Under its current rules, Pennsylvania State University allows undocumented students to access in-state tuition provided they satisfy the institution's residency criteria. However, prosecutors contend that this policy breaches a federal statute that prohibits "preferential treatment" for undocumented immigrants in higher education unless equivalent benefits are provided to all US citizens.

The Justice Department is asking the court to issue an order that would stop Pennsylvania State University from offering reduced tuition to undocumented students, even those residing in the state. Furthermore, they are seeking to prevent the university from implementing any future policies that grant such "preferential treatment" to undocumented individuals over American citizens.

"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," stated Brett Shumate, the assistant attorney general of the Civil Division at the Justice Department. The department noted that this is the 27th lawsuit filed as part of a campaign to challenge such policies, with six previous cases in states including Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas resulting in court orders that blocked similar practices.

The legal filing argues that policies offering these benefits are unconstitutional and violate the 1996 Personal Responsibility and Work Opportunity Reconciliation Act. The lawsuit states: "Federal law prohibits illegal aliens from being eligible to receive postsecondary education benefits based on residence within a state if such benefits are denied to US citizens residing in other states. There are no exceptions. Yet, Pennsylvania State University has ignored this congressional prohibition."

To qualify for in-state rates under existing residency requirements, non-citizen applicants must have graduated from an accredited Pennsylvania high school after attending for at least four years. Pennsylvania State University confirmed it is aware of the complaint and is currently reviewing the matter.