Feds Sue Penn State Over Allegedly Illegal Undocumented Student Perks

UNIVERSITY PARK, PA — The U.S. Department of Justice has filed a lawsuit against Pennsylvania State University, accusing it of a policy that allows in-state tuition for undocumented students while discriminating against in-state students.

The department alleges that Penn State's policy unconstitutionally discriminates against U.S. residents who are not afforded the same reduced tuition rate. The lawsuit contends that violates federal law.

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"The Department of Justice today continues its efforts to ensure that no state law or university policy gives preferential treatment to illegal aliens over our nation's own citizens," Associate Attorney General Stanley E. Woodward, Jr. said in a statement. "Congress long ago made clear that states, through their public universities, cannot give reduced tuition to illegal aliens not available to all Americans."

Penn State's website states that undocumented students with or without Deferred Action for Childhood Arrivals status can receive in-state tuition if they meet the school's residency requirements.

"Undocumented students, with or without DACA, can be eligible for in-state tuition if they meet Penn State's residency requirements.," the website states.

"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."

Assistant Attorney General Brett Shumate said that Congress made a policy choice that states and their public institutions can't grant tuition benefits to aliens unless the same benefits are made available to all U.S. citizens.

"This university has ignored that mandate," Shumate said. "The department will continue to challenge policies that unlawfully disadvantage American citizens."

The lawsuit, filed Thursday, seeks to prohibit Penn State from enforcing its current policy regardless of whether its undocumented students are lawfully present in the country.

Additionally, the lawsuit seeks to bar Penn State from enacting any new tuition policies that favor undocumented students over U.S. citizens.

The justice department has filed 27 lawsuits challenging similar in-state tuition allowances. The lawsuits so far have been successful in n six states: Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas.