The Trump administration’s Justice Department has taken legal action against Pennsylvania State University, asserting that the school’s policy allowing illegal immigrants to qualify for in‑state tuition violates federal law and discriminates against American citizens.
Federal lawsuit targets tuition disparity
In a complaint filed Thursday, Assistant Attorney General Brett A. Shumate said Congress made it clear that states and their public institutions may not provide tuition benefits to illegal immigrants unless the same benefits are extended to all U.S. citizens. “This university has ignored that mandate,” Shumate stated, adding that the Department will continue to challenge policies that unlawfully disadvantage American citizens.
The Department of Justice alleges that Penn State’s residency rules give illegal immigrants – including those who live in Pennsylvania – a reduced tuition rate that is not available to U.S. citizens residing outside the state. The lawsuit seeks an injunction to stop the university from enforcing the policy and to prevent any future tuition rules that favor illegal immigrants over citizens.
Penn State’s residency requirements
Penn State’s website indicates that illegal immigrants, with or without Deferred Action for Childhood Arrivals (DACA) status, may qualify for in‑state tuition if they meet specific residency criteria. Those criteria include attending an accredited Pennsylvania high school for at least four years and graduating from that high school or earning a Pennsylvania General Educational Development (GED) certificate.
While the university argues the policy is designed to support students who have lived in the state for an extended period, the DOJ contends that the approach runs afoul of congressional intent and the Constitution’s guarantee of equal treatment for U.S. citizens.
Broader legal push against preferential tuition
This lawsuit marks the 27th federal action challenging in‑state tuition benefits for illegal immigrants. Recent cases in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas have already resulted in favorable orders for the federal government, reinforcing the administration’s stance that states cannot give preferential treatment to illegal immigrants at the expense of American citizens.
Associate Attorney General Stanley E. Woodward, Jr. emphasized the Department’s commitment to protecting citizens’ rights, saying, “Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans.”
Local impact and response
Although the lawsuit is a federal matter, its implications are felt by Pennsylvania families and students. Parents who have paid full out‑of‑state tuition for their children may see the case as a defense of fairness and fiscal responsibility.
Fox News Digital reached out to Penn State for comment on the DOJ’s filing. The university has not yet responded publicly.
What’s next?
The case will move forward in federal court, where a judge will decide whether Penn State’s tuition policy violates federal law. If the court rules in favor of the Justice Department, the university could be required to revise its residency criteria, ensuring that only U.S. citizens receive in‑state tuition benefits unless Congress explicitly authorizes otherwise.
Stakeholders on both sides are watching closely, as the outcome could set a precedent for other public universities across the nation that currently offer similar tuition discounts to illegal immigrants.
Original reporting: Fox News (HLL/CB) — read the source article.
