Justice Department sues Penn State to end in-state tuition for undocumented students

The lawsuit against Penn State

The U.S. Department of Justice sued Penn State on a Thursday over a policy giving in-state tuition rates to some immigrant students who are in the country illegally. ^[1] The Penn State case brings the DOJ's total to 27 lawsuits over in-state tuition for undocumented students. ^[1] Penn State has 86,000 students. ^[1]

The DOJ calls the policy unconstitutional discrimination against citizens and in conflict with federal law. ^[1] The lawsuit includes two counts alleging violations of the Supremacy Clause. ^[2] The board of trustees is also listed as a defendant. ^[2]

The lawsuit was assigned to U.S. District Judge Matthew Brann, who was appointed by former President Barack Obama. ^[2]

What the DOJ wants from the court

The DOJ asks a court to bar Penn State from enforcing the policy for undocumented students who live in Pennsylvania. ^[1] It also asks the court to bar Penn State from adopting any new tuition policy that favors undocumented students over citizens. ^[1]

The Justice Department's lawsuit pointed to two executive orders signed by Trump. ^[2]

The legal argument

Under federal immigration law, undocumented students cannot receive postsecondary education benefits based on state residency unless a citizen or national of the United States is also eligible regardless of residency. ^[3] The federal government holds that federal law bars states from giving preferential benefits to immigrants in the country illegally, whether or not those students meet residency requirements. ^[1]

The DOJ argued in court documents that Penn State's policy illegally provides benefits to undocumented students that are not available to all U.S. citizens. ^[3] It also argues the policy does not require lawful presence in the U.S. for in-state tuition eligibility. ^[2]

Assistant Attorney General Brett A. 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 U.S. citizens. ^[1] He said the university has ignored Congress's mandate. ^[2]

Supporters of the tuition breaks say the rates do not violate federal law when U.S. citizens in the same circumstances receive them. ^[1] A Penn State spokesperson said the university is aware of the complaint and is reviewing it. ^[1]

How the Penn State policy works

Undocumented students at Penn State are eligible for in-state tuition if they attended a Pennsylvania high school for at least four years and graduated with a high school degree or GED in the state, among other requirements. ^[3] Students under the policy are classified by residency rules that require a Pennsylvania domicile and presence not primarily for educational purposes. ^[2]

Many of the students who receive the rates were brought to the United States as children by their parents. ^[1]

How the case fits the DOJ's campaign

The Penn State lawsuit marks a shift in the Trump administration's strategy, from suing states to targeting individual public colleges. ^[3] The DOJ filed a similar lawsuit against the University of Delaware at the start of October. ^[3]

Six earlier DOJ suits, in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas, ended in orders permanently blocking similar laws and declaring them unconstitutional, according to the department. ^[1] After the administration began suing in the prior year, the policies ended in Florida, Texas, Kansas, Oklahoma, Nebraska, Illinois and Kentucky. ^[1]

Two dozen states once offered such tuition breaks, often with bipartisan support, according to Spotlight PA. ^[1] Pennsylvania has not faced a DOJ lawsuit of this kind because it does not offer in-state tuition to undocumented students at the state level. ^[3]