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DOJ sues Penn State over in-state tuition for undocumented students

Summarised from 3 outlets · Updated 5 Nov, 23:16 · Archive

The US Department of Justice is suing Penn State University, alleging its in-state tuition policy for undocumented students violates federal law.

The US Department of Justice has sued Penn State University, alleging that the university's in-state tuition policy for undocumented students violates the Constitution and federal law. The lawsuit, filed Thursday in the Middle District of Pennsylvania, seeks a permanent injunction prohibiting Penn State from continuing the policy, along with attorney's fees and costs.

According to Penn State's website, undocumented students can pay in-state tuition if they meet the university's residency requirements, which include attending an accredited Pennsylvania high school for at least four years and graduating from one or receiving a Pennsylvania General Educational Development certificate. In-state tuition at Penn State University Park runs upwards of $46,000 per year, compared to more than $70,000 for out-of-state students.

The Justice Department alleges the policy constitutes 'blatant unequal treatment favouring illegal aliens over U.S. citizens'. The lawsuit states that 'nothing in the Undocumented Student Policy's criteria requires lawful presence in the United States for in-state tuition eligibility'. The government asserts that Penn State's policy violates a 1996 federal law.

The 14-page complaint argues that the university cannot provide a benefit to undocumented students that it does not provide to US citizens. 'There are no exceptions,' the lawsuit states. 'Yet, Pennsylvania State University has ignored this congressional prohibition.'

A spokesman for Penn State said university officials are aware of the complaint and are reviewing it. The lawsuit is the 27th filed by the Justice Department under the current Trump administration. Of those cases, six have resulted in orders favourable to the government, according to the department. Those victories came in Texas, Kentucky, Oklahoma, Nebraska, Illinois and Kansas.

DOJ sues Penn State over in-state tuition for undocumented students
Image: PennLive

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In this story: Penn State University · US Department of Justice · Pennsylvania · Trump administration

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