DOJ sues Penn State over in-state tuition for undocumented students

The Justice Department filed a lawsuit Thursday against Pennsylvania State University for allegedly allowing in-state tuition for undocumented students, saying the move discriminates against U.S. 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 U.S. citizens,” said Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens.”

On its website, Penn State says undocumented students with or without Deferred Action for Childhood Arrivals status can receive in-state tuition if they meet the school’s residency requirements.

“These requirements include attending an accredited Pennsylvania high school for at least four years and graduating from an accredited Pennsylvania high school or receiving a Pennsylvania General Educational Development (GED) certificate,” the website reads.

The Hill has reached out to Penn State for further comment.

The Trump Justice Department has brought 27 lawsuits challenging in-state tuition policies for undocumented students around the country.

Six of those lawsuits in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have resulted in favorable outcomes for the administration. Blue states such as New York and California are fighting the Trump administration’s efforts.