The Trump administration’s fight over college costs for immigrants has reached one of the nation’s largest universities. Federal prosecutors are now taking aim at how Pennsylvania’s flagship university sets tuition rates.
The Justice Department has sued Pennsylvania State University, and the Penn State lawsuit accuses the school of violating federal law by offering reduced tuition to students in the country illegally while denying the same rate to U.S. citizens from other states.
What does the Penn State lawsuit claim?
The complaint, filed in federal court in Pennsylvania, says Penn State gives the lower tuition rate for state residents to students in the country illegally but not to citizens who live in other states. Students from outside Pennsylvania typically pay much higher tuition than state residents.
A federal law passed in 1996 says people in the country illegally cannot receive a college education benefit based on state residency unless U.S. citizens are eligible for the same benefit regardless of where they live. The law has been at the center of legal fights over tuition for years.
In the Penn State lawsuit, the department asked the court to declare the policy unconstitutional and to permanently block the university from enforcing it or any similar policy.
What did the Justice Department say?
The associate attorney general said the department will continue working to ensure no state law or university policy gives preferential treatment to people in the country illegally over American citizens. He made the comments in a statement announcing the lawsuit.
He said Congress made clear long ago that public universities cannot offer reduced tuition to people in the country illegally unless it is available to all Americans.
The Penn State lawsuit notes that federal courts have struck down similar policies in Kansas and Illinois. The department pointed to those decisions as support for its case.
How does the Penn State lawsuit fit a larger fight?
The department has challenged tuition policies in several states over the past two years, arguing they violate federal law. Some states have dropped their policies after being sued. The effort is part of the administration’s broader immigration agenda.
More than 20 states offer reduced tuition to some students without legal status, often those who graduated from local high schools. Those policies often require students to have attended a state high school for several years.
The Penn State lawsuit stands out because it targets a university’s own policy rather than a state law.
What is the debate over tuition for immigrant students?
Supporters of such policies say many affected students were brought to the U.S. as children, grew up in their communities and graduated from local schools. They argue that making college affordable helps them contribute to the economy.
Critics say public universities should not give students without legal status a benefit that citizens from other states cannot get, especially as tuition costs rise. Some also argue that such policies encourage illegal immigration.
Many of these students are known as Dreamers, a name tied to proposed legislation that would give them a path to legal status. Congress has debated that legislation for more than two decades without passing it.
What happens next in the Penn State lawsuit?
It was not immediately clear how the university would respond. Universities often decline to comment on pending litigation.
A ruling could affect students currently enrolled and those applying for future semesters, as well as the university’s budget. Students without legal status are often not eligible for federal financial aid, making tuition rates especially important to them.
Families watching the Penn State lawsuit will be looking for clarity on what students will pay and who qualifies for lower rates.
