DOJ Initiates Legal Action Against Pennsylvania State University Over In-State Tuition Policy Favoring Undocumented Students

The U.S. Department of Justice (DOJ) filed a lawsuit against Pennsylvania State University on June 6, 2024, alleging that the university’s policy granting in-state tuition rates to undocumented students violates federal law. The DOJ asserts that this policy prioritizes the needs of illegal aliens over U.S. citizens, contravening Congress’s explicit directives.

According to the complaint, Pennsylvania State University provides in-state tuition to undocumented students residing in Pennsylvania regardless of their lawful presence in the United States. Meanwhile, U.S. citizens who do not qualify under this policy are denied the same reduced tuition benefits. The DOJ argues this constitutes unconstitutional discrimination against American citizens.

Associate Attorney General Stanley E. Woodward, Jr. emphasized the Department’s commitment to ensuring that no state law or university policy grants preferential treatment to illegal aliens over U.S. citizens. He stated, “Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans.”

Assistant Attorney General Brett A. Shumate of the Civil Division reinforced this position, noting, “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. This university has ignored that mandate. The Department will continue to challenge policies that unlawfully disadvantage American citizens.”

The complaint seeks a permanent injunction preventing Pennsylvania State University from enforcing its current policy that provides in-state tuition to undocumented students. Additionally, the DOJ requests that the university be barred from adopting any new tuition policies that favor undocumented students over U.S. citizens.

This lawsuit marks the 27th legal challenge initiated by the Department of Justice against in-state tuition policies benefiting illegal aliens. Under Attorney General Todd Blanche’s leadership, the DOJ has secured multiple favorable rulings, including permanent injunctions and declarations of unconstitutionality against similar laws in Texas, Kentucky, Oklahoma, Nebraska, Illinois, and Kansas. Notably, the Fifth Circuit Court of Appeals has upheld such rulings.

The DOJ’s Enforcement & Affirmative Litigation Branch continues to spearhead efforts to uphold federal law in this area. More information about these enforcement actions is available on the Department’s website.

This legal action follows recent DOJ initiatives, including awarding more than $63 million to East Baton Rouge Parish through the Model Cities Initiative aimed at reducing violent crime, and a settlement with Lockheed Martin Corporation addressing employment practices. These efforts reflect the Department’s broader commitment to enforcing federal statutes and protecting the rights of U.S. citizens.

The Pennsylvania State University lawsuit underscores the ongoing federal scrutiny of state and institutional policies that provide benefits to undocumented immigrants in ways that may conflict with congressional mandates and constitutional protections for American citizens.

Official reference: View the original document.