The US Department of Justice has sued Pennsylvania State University, challenging its policy of offering in-state tuition rates to some undocumented immigrants, in the latest action of a broader campaign under President Donald Trump.
The lawsuit, filed Thursday, argues the policy violates federal law by giving preferential treatment to undocumented immigrants. It seeks a court order preventing Penn State from continuing to offer in-state tuition rates to undocumented students and blocking future policies that give them preferential treatment over US 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," Brett Shumate, assistant attorney general of the Justice Department's Civil Division, said in a statement.
The Justice Department said the filing brings the total number of lawsuits challenging similar policies to 27. It also said six cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas resulted in court orders permanently blocking the policies.
Supporters of such tuition breaks argue they do not violate federal law if the same rates are available to US citizens in the same circumstances, residents of the state who graduate from its high schools. Many of the affected students were brought to the US as children, and advocates say they are as much part of their communities as citizens.
A Penn State spokesperson said the university was aware of the complaint and was reviewing it.
The lawsuit comes as the nation looks for clues about how education and immigration policy might shift after a bruising midterm election rout for Republicans.
Analysis
Why This Matters
- Affects thousands of undocumented students in Pennsylvania who rely on in-state tuition for affordability.
- Part of a broader Trump administration campaign that has already ended similar policies in multiple states.
- Could set a legal precedent for other public universities currently offering such benefits.
Background
The Trump administration has made immigration enforcement a central priority, including challenging state and university policies that provide benefits to undocumented immigrants. In-state tuition for undocumented students has been a contentious issue, with some states offering it under residency conditions. The Justice Department has now filed 27 lawsuits against such policies, with several resulting in court orders blocking them.
Key Perspectives
Justice Department: Argues that federal law prohibits states from granting tuition benefits to undocumented immigrants unless those same benefits are available to all US 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," said Brett Shumate. Stanley Woodward, a top DOJ official, said the department is ensuring "that no state law or university policy gives preferential treatment to illegal aliens over our Nation's own citizens."
Supporters of tuition breaks: Argue the policies do not violate federal law if the same rates are available to US citizens in the same circumstances. They say the students are often brought to the US as children and are part of their communities.
Penn State: Said it was aware of the complaint and reviewing it.
What to Watch
- Whether a court issues a preliminary injunction blocking Penn State's policy while the case proceeds.
- How other universities in states still offering such benefits respond to the administration's campaign.
- Potential legislative action in Pennsylvania or at the federal level to clarify the law.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe US Justice Department sued Penn State over in-state tuition for undocumented students.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The United States Department of Justice has sued Pennsylvania State University”
- SupportedThe lawsuit alleges Penn State's policy gives undocumented students preferential treatment.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “prosecutors have rejected that policy, saying it violates a federal law that bars “preferential treatment” in higher education for undocumented immigrants, unless the same benefits are available to US citizens.”
- SupportedPenn State said it was reviewing the complaint.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “Penn State said it was aware of the complaint and was reviewing it.”
- SupportedThe Justice Department filed the lawsuit on Thursday.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The lawsuit , filed on Thursday, argues that the university’s tuition policy discriminates against citizens.”
- SupportedThe Justice Department accuses Penn State of violating federal law by offering undocumented students in-state tuition while denying the same reduced rates to US citizens.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “accusing the institution of violating federal law by offering in-state tuition rates to undocumented students while denying the same reduced rates to all US citizens.”
- SupportedThe lawsuit says, “There are no exceptions. Yet, Pennsylvania State University has ignored this congressional prohibition.”Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““There are no exceptions. Yet, Pennsylvania State University has ignored this congressional prohibition.””
- SupportedBrett Shumate 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 US citizens.”Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““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,” Brett Shumate, assistant attorney general of the Justice Department’s Civil Division, said in a statement.”
- SupportedThe lawsuit says federal law bars undocumented immigrants from receiving postsecondary education benefits based on state residence when those benefits are denied to US citizens residing in other states.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““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,” the lawsuit said.”
- SupportedNon-citizen applicants must have attended an accredited Pennsylvania high school for at least four years and graduated from one to qualify for in-state tuition.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “non-citizen applicants must have attended an accredited Pennsylvania high school for at least four years and graduated from one to qualify for in-state tuition.”
- SupportedThe Justice Department said the filing brings its total number of lawsuits challenging such policies to 27.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The Justice Department said Thursday’s filing brings the total number of lawsuits it has brought challenging such policies to 27.”
- SupportedThe Justice Department said six cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas resulted in court orders permanently blocking similar tuition policies.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “It also said six cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas resulted in court orders permanently blocking similar tuition policies.”
- SupportedThe Justice Department is seeking an order to stop Penn State from offering in-state tuition to undocumented students and to block future policies giving them preferential treatment over US citizens.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “the Justice Department is seeking a court order preventing Penn State from continuing to offer in-state tuition rates to undocumented students, including those living in Pennsylvania, regardless of their immigration status. It is also seeking to block the university from adopting future tuition policies that give undocumented students “preferential treatment” over US citizens.”