DOJ Sues Penn State Over In-State Tuition for Undocumented Students

The Justice Department has sued Penn State, arguing that its policy allowing some undocumented students to pay in-state tuition violates federal law because comparable benefits are not available to all U.S. citizens. The department is seeking to block the university from enforcing the policy or adopting similar tuition rules, and says the lawsuit is part of a broader campaign that has brought 27 challenges nationwide. Penn State’s stated eligibility rules include attending a Pennsylvania high school for at least four years and graduating there or earning a Pennsylvania GED; the university said it was reviewing the complaint. Supporters of such tuition policies argue they comply with federal law when the same rates are available to citizens who meet the same residency and education requirements, and note that many undocumented students were brought to the country as children.