STATE COLLEGE, PENNSYLVANIA — The Justice Department has sued Penn State over a policy allowing some undocumented students to qualify for in-state tuition, arguing that the university unlawfully gives them a benefit unavailable to U.S. citizens living outside Pennsylvania.
Penn State’s policy does not automatically grant reduced tuition based on immigration status. Undocumented students must satisfy residency requirements that include attending an accredited Pennsylvania high school for at least four years and graduating from a Pennsylvania high school or obtaining a Pennsylvania GED.
The DOJ argues that federal law prohibits states or public institutions from offering undocumented residents a postsecondary education benefit based on residency unless the same benefit is available to U.S. citizens regardless of where they live. The lawsuit seeks to block Penn State from continuing the policy.
Penn State said it is reviewing the complaint.
The case is part of a broader Trump administration campaign against in-state tuition policies for undocumented students. The Justice Department says it has now filed 27 such lawsuits and obtained orders ending similar policies in six states.
Immigrant advocacy groups argue the policies primarily benefit young people who grew up and attended school in the states where they seek tuition benefits. They contend ending them makes higher education less accessible to students who often have lived in the United States since childhood.
The court will ultimately determine whether Penn State’s residency policy conflicts with federal immigration law.
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