The Department of Justice filed a lawsuit against Pennsylvania State University, alleging that the institution’s tuition policies unlawfully discriminate against American citizens. The suit centers on Penn State’s practice of extending in-state tuition rates to undocumented students who meet the university’s residency requirements, which include attendance at an accredited Pennsylvania high school for at least four years and graduation from such an institution.
Federal prosecutors contend the policy violates a provision of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act that prohibits granting public benefits in a manner that creates incentives for undocumented immigration. The Justice Department argues that federal law explicitly bars providing postsecondary education benefits to undocumented immigrants based on state residency unless identical benefits are made available to all US citizens, with no exceptions permitted.
The lawsuit seeks a court order prohibiting Penn State from continuing to offer in-state tuition to undocumented students and from implementing future policies that provide preferential treatment based on immigration status. Brett Shumate, assistant attorney general of the Justice Department’s Civil Division, characterized Congress’s position on the matter as a deliberate policy choice restricting states and public institutions from such practices.
This enforcement action represents part of a broader initiative under the current administration. The Justice Department indicated that Thursday’s filing brings its total count of similar lawsuits to 27, with six previous cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas resulting in permanent court orders blocking comparable tuition policies at other institutions.
Penn State acknowledged receipt of the complaint and stated it was reviewing the legal filing. Supporters of in-state tuition for undocumented students typically argue such policies prevent economic migration within the country and acknowledge contributions made by undocumented residents to state tax systems, while advocates contend the policies help reduce educational barriers for immigrants brought to the country as minors.
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