Justice Department Sues Penn State Over In-State Tuition for Undocumented Students, Its 27th Such Lawsuit, Fox News Reports
Fox News says the suit, filed Thursday, argues the policy discriminates against U.S. citizens from other states who pay higher rates. The department says six earlier suits in six states have produced favorable orders. Fox reports it asked the university for comment.
The Trump administration is suing Pennsylvania State University over in-state tuition for undocumented students, Fox News reports.
The claim. In a suit filed Thursday, the Justice Department argues the policy discriminates against U.S. citizens, because citizens who live outside Pennsylvania cannot get the same reduced rate. Brett Shumate, the assistant attorney general for the Civil Division, said: "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 U.S. citizens." He added that the university "has ignored that mandate."
What the department wants. Fox says it asks a court to bar Penn State from enforcing the policy and from adopting any new tuition policy that favors undocumented students over citizens. The complaint says the policy applies regardless of whether students are lawfully in the country.
The university's rules. Fox points to Penn State's own website, which says undocumented students, with or without DACA status, may qualify for in-state tuition if they meet residency requirements. Those include attending an accredited Pennsylvania high school for at least four years and graduating from one or earning a Pennsylvania GED.
The record. Fox says this is the department's 27th lawsuit over in-state tuition for illegal migrants. It says six of them, in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas, have produced favorable orders for the government. Associate Attorney General Stanley Woodward said the department "continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our Nation's own citizens."
Why it matters here. The suit adds to the administration's pressure on universities. We have tracked its immigration enforcement fights with states and cities.
What we could not check. We did not see the complaint. Fox says it asked Penn State for comment and its report carries no reply. We cannot say how many students the policy covers or how a court will rule.