US Justice Department sues Penn State over tuition for undocumented students — The Hill

The US Department of Justice has filed a lawsuit against Pennsylvania State University, Penn State, alleging that the institution allowed undocumented students to pay in-state tuition rates. The department said the practice discriminates against US citizens, The Hill reports.

Justice Department’s position

Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said that Congress does not allow states and public institutions to provide tuition benefits to undocumented students if the same benefits are not available to all US citizens. According to him, the university ignored this requirement, and the department will continue challenging policies that, in the Justice Department’s view, unlawfully place US citizens at a disadvantage.

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Penn State’s conditions

Penn State’s website states that undocumented students, regardless of whether they have DACA status, may receive the in-state tuition rate if they meet residency requirements. In particular, they must have attended an accredited Pennsylvania school for at least four years and graduated from it or obtained a GED certificate in the state.

The US Justice Department under Donald Trump’s administration has filed 27 lawsuits challenging in-state tuition rules for undocumented students in various parts of the country. Six such cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas produced results favorable to the administration. New York and California are resisting the federal government’s efforts.